- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Content”||means any and all text, images, documents, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and|
|“We/Us/Our”||means Mesma Limited, a company registered in England under 07641449, whose registered address is The Axis Building Maingate, Kingsway North, Team Valley, Gateshead, Tyne & Wear|
- Information About Us
- Our Site, www.mesma.co.uk, is operated by Mesma Limited
A limited company registered in England under 07641449, whose registered address is The Axis Building, Maingate, Kingsway North, Team Valley, Gateshead, Tyne & Wear
Access to Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- Intellectual Property Rights
- All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
- Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
- You may:
- Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
- Download Our Site (or any part of it) for caching;
- Print one copy of any page from Our Site;
- Download extracts from pages on Our Site; and
- Save pages from Our Site for later and/or offline viewing.
- Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
- You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
- Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
- Links to Our Site
- You may link to Our Site provided that:
- You do so in a fair and legal manner;
- You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
- You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
- You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
- Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at email@example.com for further information.
- You may not link to Our Site from any other site the main content of which contains material that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive another person;
- is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
- is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- You may link to Our Site provided that:
- Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- The content on Our Site is provided for general information and guidance purposes only. Professional or specialist advice should always be sought before taking any action relating to legal, regulatory, or funding matters. All content on Our Site should be read in conjunction with the latest government (or sector body) policy, regulations and funding rules.
- Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
- Our Liability
- To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
- To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
- If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
- We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- Viruses, Malware and Security
- We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
- You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
- You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
- You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
- Acceptable Usage Policy
- You may only use Our Site in a manner that is lawful. Specifically:
- you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
- We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
- suspend, whether temporarily or permanently, your right to access Our Site;
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- any other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
- You may only use Our Site in a manner that is lawful. Specifically:
- Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from mesma.co.uk. These policies are incorporated into these Terms and Conditions by this reference.
- Changes to these Terms and Conditions
- We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
- In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Contacting Us
To contact Us, please email Us at firstname.lastname@example.org or using any of the methods provided on Our contact page at http://mesma.co.uk/contact/
- Communications from Us
- If We have your contact details, We may from time to time send you important notices by Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
- We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 28 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
- For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com or via http://mesma.co.uk/contact/
The EU General Data Protection Regulation (GDPR) which forms part of the Data Protection Act 2018, which is enforceable from 25 May 2018, provides new rights to individuals and requires organisations to provide information about their processing in a clear and transparent way.
We published version 2 of our Privacy Statement on 24th May 2018 to take into account new requirements and to explain how we collect, store and use personal data. When we refer to “we”, “us” or “our” in this Statement we mean Mesma Limited.
Mesma Limited is a company specialising in quality assurance for schools, further education, and training. We provide consultancy advice and guidance to organisations as well as online quality assurance software. Our company registration number is 07641449.
This Privacy Statement applies to personal data collected and processed by Mesma Limited; whose registered address is The Axis Building, Maingate, Kingsway North, Team Valley, NE110NQ.
We endeavour to comply with the Data Protection Act 2018, the EU General Data Protection Regulation (GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (amended) and other relevant legislation.
How to contact us
If you have any questions or require any further information regarding this Privacy Statement or would like to contact us about any other matter, please use the following contact information:
Registered Address: The Axis Buildings, Maingate, Kingsway North, Team Valley NE110NQ
Tel: 0845 6588370
Ways we collect personal data
We collect personal data in the following ways:
- When you provide your contact details to us when requesting information about our products or services, either via the telephone, email, our online enquiry forms or face-to-face.
- When you or your company registers you as a user of Mesma Software either on a trial or as licensed user
- When you download Mesma resources from our website
- When you register as a subscriber to our updates or newsletters
- When you register to attend one of our events or webinars
- Via openly available public sources (e.g. LinkedIn, Ofsted, UK Register of Learning Providers or company websites).
The types of personal data we collect
The personal data we routinely collect includes:
- Full name
- Email Address
- Postal address
- Job title
- Company name
- Business telephone numbers including mobile numbers which are being used for business purposes
We do not collect any special categories of personal data, as defined under the GDPR. Our products and services are not aimed at children.
The legal basis on which we rely are:
Contract / agreement
This will usually be when you have signed a contract or agreed for us to process your information on the grounds that we will provide you with a service.
Our legitimate interests are to communicate with individuals to keep them informed, to grow our business e.g. telemarketing, B2B, email marketing.
Any legitimate interests pursued by us, are as follows:
- Promoting our products
- Product upgrades and updates to new or existing customers
The legitimate interests specified above are related to the products and services you currently use, products and services provided by Mesma that you don’t currently use or products and services that would be of interest to your company, the sector you operate in or the job role you hold.
Further information on legitimate interest can be found here.
Changing your mind
You can change your mind and prevent us from sending these at any point by clicking on the unsubscribe link on any email you receive from us. Alternatively, you can unsubscribe by emailing firstname.lastname@example.org
We use third party providers to help us deliver our service
We take care to only collect only the necessary information to provide access to the service, for example Name, email address and telephone number. We do not sell client data to any third-parties unless otherwise agreed through a contractual agreement.
Visitors to our website
When someone visits www.mesma.co.uk we use a third party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way, which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it. For more information http://www.google.com/intl/en/policies/privacy/
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever
You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.
We use Mailchimp, to deliver our e-newsletter and some of our email campaigns. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our e-newsletter. For more information, please see http://mailchimp.com/legal/privacy/
We use WordPress.com, to publish our website. These sites are hosted at WordPress.com, which is run by Automattic Inc. We use a standard WordPress service to collect anonymous information about users’ activity on the site, for example the number of users viewing pages on the site, to monitor and report on the effectiveness of the site and help us improve it. For more information, please see https://automattic.com/privacy/
When someone emails us we host our emails on a third party service; Microsoft 365. Any email sent to us, including any attachments, may be monitored and used by us for reasons of security. Email monitoring or blocking software may also be used. Please be aware that you have a responsibility to ensure that any email you send to us is within the bounds of the law. For more information https://privacy.microsoft.com/en-gb/privacystatement
Microsoft Azure is a cloud-based hosting solution which we use to host our Mesma Software. https://privacy.microsoft.com/en-us/PrivacyStatement. Client data may be processed by us as a result of our client’s use of the services, when our client or their end-users input or upload information into the relevant service (platform/portal/environment). We will use this information to contact you in order to perform the services or in relation to the products and services provided to you; this may include system upgrades and new associated products.
We use ZOHO, to support our customer relationship management system. We have to hold the details of any prospective and current clients and people who have requested information about the service we provide. https://www.zoho.com/privacy.html
We use Intercom to communicate with our Mesma Software users. We gather the information directly from our clients Mesma platforms. This communication is likely to include system updates or products and services that would be of interest to your company. https://docs.intercom.com/pricing-privacy-and-terms/privacy/intercom-inc-privacy-policy
We use Kashflow to help us process our invoices and payments. However, we only use the necessary name, email address and telephone number of individuals used to process payments.
We use Eventbrite to promote, sell and manage our courses and events. We collect minimal contact information to ensure we can communicate the details of our courses and events.
People applying for job applications, current and future Mesma employees and associates
When individuals apply to work at Mesma Limited, we will only use the information they supply to us to process their application and to monitor recruitment statistics. Where we want to disclose information to a third party, for example where we want to take up a reference or obtain a ‘disclosure’ from the Criminal Records Bureau we will not do so without informing them beforehand unless the disclosure is required by law.
Personal information about unsuccessful candidates will be held for 12 months after the recruitment exercise has been completed, it will then be destroyed or deleted. We retain de-personalised statistical information about applicants to help inform our recruitment activities, but no individuals are identifiable from that data.
Once a person has taken up employment with Mesma Limited, we will compile a file relating to their employment. The information contained in this will be kept secure and will only be used for purposes directly relevant to that person’s employment. Once their employment with Mesma Limited has ended, we will retain the file for 12 months or longer if stipulated under legislation.
Your legal rights
You have a number of rights under data protection law, which have been strengthened under the General Data Protection Regulation (GDPR). For further information about any of these rights, please visit the Information Commissioners Office website.
- Access: You have the right to access the personal data we may hold about you and the purposes for which we are using it. We may ask for proof of your identity. On receipt of such a request we will endeavour to respond to you as soon as possible, at most within one calendar month.
- Rectification: You have the right to request that we amend any personal data which is incorrect or requires updating.
- Erasure: You have the right to request that we delete any personal information pertaining to you. We will assess any deletion request on a case by case basis and will endeavour to respond to you as soon as possible, at most within one calendar month. If you have authored any content on the DPN and would like this to be deleted, please let us know.
- Right to restrict processing – you have the right to ask us to restrict processing of your data. We will look at any request and inform you of our decision within 28 days of receiving the request.
- Right to object – you have the right to object to our processing of your personal data based on (i) legitimate interests, or for the performance of a task in the public interests/exercise of official authority (including profiling); (ii) direct marketing (including profiling); and (iii) for purposes of scientific/historical research and statistics.
If you would like to exercise any of these rights, if you are concerned about the manner in which we have collected and used your personal data, please contact us using the contact details below and we will do our best to help.
Address: The Axis Building, Maingate, Kingsway North, Team Valley, NE11 0NQ
If you are concerned about the manner in which we have collected and used your personal data, please contact us using the contact details above – we will do our best to help. If you are unhappy with the way in which we have handled your personal data you have the right to contact the Information Commissioner’s Office.
Disclosing your Information
- In the event that we sell any or all of our business to the buyer.
- Where we are legally required by law to disclose your personal information.
- To further fraud protection and reduce the risk of fraud.
How long we store your personal data for
We will keep your information in connection with the services for which it was collected for an appropriate period of time. Data stored on Mesma software will be retained as per terms and conditions of the contract. In terms of personal data we use for marketing, we will keep this data for as long as we are able to market to you and if you withdraw your consent or opt-out of marketing communications, we will keep your contact details only to ensure that we do not contact you again for marketing purposes.
External Links on Websites
Please remember that if you use a link to go from our websites to another website, or you request a service from a third party, this Privacy Statement will no longer apply once you have left this website. Your browsing and interaction on any other website is subject to that website’s own rules and policies.
- Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
- If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.