TERMS AND CONDITIONS

These Terms and Conditions govern your purchase of, and access to, any Programme provided by Green Gorilla Consultants Ltd. Please read them carefully before booking. By purchasing a Programme, You agree to be bound by them.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, unless the context requires otherwise, the following words and phrases shall have the following meanings:

“Business Day” means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;

“Confidential Information” means all information disclosed by Green Gorilla to You (whether orally, in writing or otherwise) which is marked as confidential or which ought reasonably to be regarded as confidential, including the Materials and the content of any Programme;

“Data Protection Legislation” means the UK GDPR (as defined in section 3(10) of the Data Protection Act 2018), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any legislation which amends, re-enacts or replaces them in England and Wales;

“Fees” means the fees payable by You for access to the Programme;

“Green Gorilla” means Green Gorilla Consultants Ltd, a company registered in England and Wales under number 11470721, whose registered office is at 3 Windsor Court, Park View Close, St Albans, AL1 5TT. VAT registration number 319330909;

“Intellectual Property” or “Intellectual Property Rights” means all patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use and protect the confidentiality of Confidential Information (including know-how and trade secrets), image rights, rights of personality and other similar rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

“Materials” means all training materials, documents, handouts, papers, case studies, examinations, drawings, designs, transparencies, photos, graphics, logos, typographical arrangements, software, presentations, certificates and other materials, and any translations of them, in whatever form, including hard copy and electronic form, as prepared by Green Gorilla or its licensors;

“Programme” means any training course, workshop, webinar, coaching programme and/or other online or classroom resource provided by Green Gorilla that is available to book or purchase via the Website, by telephone or by post, and which is governed by these Terms and Conditions;

“Us”, “We” or “Our” means Green Gorilla Consultants Ltd;

“VAT” means Value Added Tax at the rate applicable at the time of booking a Programme, as published at www.gov.uk/vat-rates;

“Website” means the Green Gorilla website at www.thegreengorilla.co.uk and, when it is made available, learn.thegreengorilla.co.uk;

“You” means the person who is applying to attend the Programme, and includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). Where a person applies as a delegate on behalf of a corporate or unincorporated body, that body is the contracting party and is responsible for payment of the Fees; the delegate is nevertheless personally bound by clauses 7 (Programme Content), 8 (Programme Warranties) and 14.2 (Conduct at classroom Programmes) and by the Acceptable Use Policy. A delegate who applies on behalf of a body without that body’s authority warrants that they have such authority, and shall be personally liable under these Terms and Conditions if they do not.

1.2 Clause headings, schedules and paragraph numbers shall not affect the interpretation of these Terms and Conditions.

1.3 Words in the singular include the plural and vice versa, and a reference to one gender includes the other.

1.4 Any words following the terms “including”, “include”, “in particular” or “for example” are illustrative and shall not limit the words preceding them.

1.5 A reference to legislation is a reference to it as amended, extended or re-enacted from time to time.

1.6 In these Terms and Conditions, “consumer” has the meaning given to it in section 2(3) of the Consumer Rights Act 2015.

2. CONFIRMATION

2.1 Clauses 2.2 to 2.4 apply only where You are entering into this agreement in the course of a business, and do not apply where You are a consumer.

2.2 These Terms and Conditions constitute the entire agreement between You and Us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to their subject matter.

2.3 You acknowledge that in entering into this agreement You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

2.4 Your only remedy in respect of any statement, representation, assurance or warranty not set out in these Terms and Conditions shall be for breach of contract, and You shall have no right to rescind this agreement.

2.5 Where You are a consumer, nothing in these Terms and Conditions excludes or limits Our liability for any statement, representation or information We provide to You about a Programme, or affects Your rights under the Consumer Rights Act 2015.

2.6 Nothing in this clause 2 shall exclude or limit any liability for fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited.

3. POLICIES APPLICABLE TO THIS AGREEMENT

3.1 The following policies apply to Your use of the Website and to any Programme You purchase, and form part of these Terms and Conditions:

3.1.1 Our Privacy Policy, which sets out how We collect and use personal data, including Our use of cookies and similar technologies. By using the Website or purchasing a Programme, You acknowledge the Privacy Policy, and You warrant that all data provided by You to Us is accurate; and

3.1.2 Our Acceptable Use Policy, which sets out the permitted and prohibited uses of the Website. When using the Website, You must comply with the Acceptable Use Policy; failure to do so may result in Your access being suspended or withdrawn.

3.2 Both policies are set out at the end of these Terms and Conditions and are also available on the Website.

4. FEES

4.1 The applicable Fees, inclusions and content of the Programme shall be as described on the Website at the time of purchase. Green Gorilla reserves the right to update or adjust the Fees, inclusions and content of the Programme from time to time. Where any such change materially affects a Programme You have already purchased, We will give You reasonable notice of the change, and You may cancel that Programme and receive a full refund of the Fees paid for it.

4.2 All Fees displayed are exclusive of VAT, which shall be additionally applicable at the VAT rate in force at the time of booking the Programme.

4.3 Fees are payable in advance. Online payments are processed by a third-party payment provider; We do not store Your payment card details.

4.4 We will not confirm Your enrolment onto the Programme until payment of the Fees has been received in full. We reserve the right to decline the registration of any applicant at Our absolute discretion, and shall refund any Fees received in such an instance.

4.5 We reserve the right to refuse Your enrolment in the Programme in the event of failure to observe any of these Terms and Conditions.

5. PROGRAMME TRANSFER

5.1 For the purposes of this clause, a “Programme Transfer” means a request by You to transfer from a Programme You have already purchased to a different Programme.

5.2 Where the Programme You wish to transfer from is an online recorded eLearning Programme, You must:

5.2.1 make a request in writing to Green Gorilla stating Your reasons for wanting to transfer and identifying both the Programme You wish to transfer from and the Programme You wish to transfer to;

5.2.2 make that request before accessing any part of the Programme You wish to transfer from; and

5.2.3 make that request within 30 days of the date of purchase.

5.3 Where the Programme You wish to transfer from is a virtual or physical classroom Programme, You must:

5.3.1 make a request in writing to Green Gorilla stating Your reasons for wanting to transfer and identifying both the Programme You wish to transfer from and the Programme You wish to transfer to; and

5.3.2 make that request at least 14 days before the scheduled commencement of the Programme You wish to transfer from.

5.4 Clauses 5.2 and 5.3 are alternatives, and only the clause corresponding to the type of Programme You wish to transfer from applies to Your request. Clauses 5.5 and 5.6 apply to virtual and physical classroom Programmes only. Clause 5.7 applies to all Programme Transfers.

5.5 If You do not give at least 14 days’ notice before the scheduled commencement of the Programme You wish to transfer from, a Programme Transfer may still be possible, but You may be liable for a re-scheduling fee in addition to any further fee payable for the new Programme.

5.6 Where the Programme You wish to transfer to is of lower value than the Programme previously booked, and the request is made less than 14 days before the scheduled commencement of the Programme You wish to transfer from, no refund will be issued for the difference in price between the two Programmes.

5.7 Green Gorilla may refuse a Programme Transfer request. Where Green Gorilla refuses a request for a reason that is not attributable to You, We will offer You a credit to the value of the Fees paid, valid for 12 months, or a full refund.

6. PROGRAMME CANCELLATION

6.1 Where You are a consumer purchasing at a distance, You have a statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel within 14 days of the day the contract is made and to receive a refund. Nothing in this clause 6 affects that right, and where a refund due under this clause 6 would be less than the refund due under those Regulations, the Regulations shall prevail.

6.2 For online recorded eLearning Programmes, if You wish to cancel Your purchase, You must do so within 30 days of the date of purchase. If the request is made within 30 days of purchase and You have not accessed the Programme, You will be provided with a full refund. A refund will not be provided if You have accessed the Programme, where You have expressly consented to access beginning during the cancellation period and acknowledged that You would lose Your right to cancel.

6.3 For virtual or physical classroom Programmes, if You wish to cancel Your Programme, You must make a request in writing to Green Gorilla. Subject to clause 6.1, the refund You receive will vary depending on the amount of notice provided, as follows:

6.3.1 more than 14 days before the Programme date: a full refund of the Fees;

6.3.2 Eight (8) to 13 days before the Programme date: a 50% refund of the Fees;

6.3.3 Seven (7) days or less before the Programme date: no refund.

6.4 Green Gorilla reserves the right to cancel or re-schedule any Programme at its absolute discretion, and in such a circumstance shall give You reasonable notice.

6.5 Should Green Gorilla cancel the Programme, an alternative Programme will be offered, or a full refund will be made. Green Gorilla shall not otherwise be liable for costs or losses, including expenses, incurred prior to cancellation. Where Green Gorilla cancels or re-schedules a classroom Programme on less than 14 days’ notice, We will in addition reimburse Your reasonable and unavoidable travel and accommodation costs incurred for that Programme, up to the amount of the Fees paid.

7. PROGRAMME CONTENT

7.1 All Materials provided to You in advance of, or during, the Programme are the Intellectual Property of Green Gorilla, which either owns or licenses them. The Materials shall not be copied by You, either in whole or in part, and ownership shall not transfer to You. All Materials shall be maintained in confidence and not disclosed to any third party except with Green Gorilla’s express written permission.

7.2 Subject to payment of the Fees and to Your compliance with these Terms and Conditions, Green Gorilla grants You a non-exclusive, non-transferable, revocable licence to access and use the Materials for Your own personal training and reference purposes only.

7.3 Access to the Programme is granted to You only. You must not grant access to, or disclose, the Programme or any Materials obtained through it to any third party.

7.4 The period for which You will have access to any online recorded eLearning Programme shall be as stated on the Website at the time of purchase. Where no period is stated, access shall be granted for 12 months from the date of purchase.

7.5 We reserve the right to pause and/or interrupt any Programme that is accessible online in order to complete updates and amendments. Green Gorilla will endeavour to complete any updates with as little interruption as possible.

7.6 Some of Our Programmes and Materials refer to third-party websites and other services. These references are not to be considered an endorsement of the third party or the third-party content. Green Gorilla makes no representation or warranty as to the content of third-party websites, their suitability for any use, or that they constitute accurate data or advice.

7.7 Before purchasing a Programme, You must ensure that You satisfy all of the minimum requirements, including any minimum level of qualification where relevant. If You do not satisfy those requirements, We may refuse or cancel Your enrolment; where We do so before You have accessed the Programme, We will refund the Fees paid.

7.8 Green Gorilla welcomes delegates with disabilities and will make reasonable adjustments to enable You to access and participate in a Programme. If You require an adjustment, please contact Us at info@thegreengorilla.co.uk as far in advance of the Programme as You are able, so that We have time to put arrangements in place. We will not charge You for any reasonable adjustment. Where We are unable to make a particular adjustment, We will explain why and will discuss alternatives with You, which may include transferring You to a different Programme or delivery format at no additional cost, or providing a full refund.

8. PROGRAMME WARRANTIES

8.1 Green Gorilla shall deliver the Programme in accordance with the promoted description using reasonable care, skill and diligence. Green Gorilla does not, however, make any warranty in respect of any outcomes or results.

8.2 You warrant that You shall not do anything to bring Green Gorilla or any of its subsidiaries or affiliates into disrepute, and that You shall not use or display the names of, or suggest or imply an association with, any name, brand or trademark used or owned by Green Gorilla or its affiliates or subsidiaries, whether registered or unregistered, except where Green Gorilla has provided its express written consent. Where consent is granted, You must act in accordance with the guidelines or requirements specified by Green Gorilla.

8.3 You must not allow, permit or request anyone else to sit, or attempt to sit, any exam or test which may be required as part of the Programme. Any breach of this clause is to be considered a material breach, and Green Gorilla reserves the right to withhold or void any CPD hours or certificate issued by Green Gorilla which would usually be granted on successful completion of the Programme, and to notify any relevant awarding or professional body. In these circumstances Green Gorilla also reserves the right to refuse all future training, and no refund will be due.

9. LIMITATION OF LIABILITY

9.1 Nothing in these Terms and Conditions limits or excludes Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by the Consumer Rights Act 2015, or for any other liability which cannot lawfully be limited or excluded.

9.2 Subject to clause 9.1, the entire liability of Green Gorilla under or in connection with this agreement shall not exceed the total Fees payable by You to Green Gorilla for the Programme.

9.3 Subject to clause 9.1, and where You are entering into this agreement in the course of a business, Green Gorilla shall have no liability for any loss of profits, loss of revenue, loss of goodwill, loss of anticipated savings, or for any indirect or consequential loss.

9.4 Where You are a consumer, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this agreement or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable.

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 10.2.

10.2 An “Event Outside Our Control” means any act or event beyond Our reasonable control, including 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, pandemic or other natural disaster, any action or restriction imposed by a government or public authority, cyber attack, failure of power supply, or failure of public or private telecommunications networks.

10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under this agreement, We will contact You as soon as reasonably possible to notify You, and Our obligations will be suspended for the duration of the Event Outside Our Control.

10.4 You may cancel the Programme to the extent that it is affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please write to Us using the details in clause 12. Where You cancel under this clause, We will refund the Fees paid for any part of the Programme which has not been delivered.

11. DATA PROTECTION

11.1 Green Gorilla may collect and process Your personal data, and will only do so in compliance with the Data Protection Legislation. The definitions and interpretations in the Data Protection Legislation apply to this clause.

11.2 Details of the personal data We collect, the purposes for which We use it, the lawful bases We rely on, who We share it with and Your rights in relation to it are set out in Our Privacy Policy.

12. COMMUNICATIONS BETWEEN US

12.1 When We refer, in these Terms and Conditions, to “in writing”, this means in writing to:

12.1.1 info@thegreengorilla.co.uk; or

12.1.2 Green Gorilla Consultants Ltd, 3 Windsor Court, Park View Close, St Albans, AL1 5TT.

12.2 Any notice or other communication given by You to Us, or by Us to You, under or in connection with this agreement shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or sent by email.

12.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at Our registered office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or if sent by email, at the time of transmission, or, where transmission occurs outside business hours, when business hours next resume. In this clause, business hours means 9.00 am to 5.00 pm on a Business Day.

12.4 In proving service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.

12.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13. COMPLAINTS

13.1 We aim to provide Programmes of a consistently high standard. If You are unhappy with any aspect of a Programme or with Our service, please contact Us in writing using the details in clause 12, setting out the nature of Your complaint.

13.2 We will acknowledge Your complaint within five Business Days and will aim to provide a full response within 30 days. Where We need longer, We will tell You why and when You can expect a response.

13.3 Where You are a consumer and We are unable to resolve Your complaint, You may be entitled to refer the matter to an alternative dispute resolution provider. This does not affect Your right to bring legal proceedings.

14. OTHER IMPORTANT TERMS

14.1 If You book onto a classroom Programme, You must adhere to any health and safety requirements that Green Gorilla or its delivery partners specify from time to time.

14.2 Where You attend a virtual or physical classroom Programme, You must not behave in a way that is abusive, threatening, discriminatory or unlawful, or that unreasonably disrupts the Programme for the trainer or other delegates. If Your behaviour falls below this standard, Green Gorilla or its delivery partner may ask You to stop and, where the behaviour continues or is sufficiently serious, may require You to leave the Programme. Where We ask You to leave under this clause, no refund will be due and We may refuse Your enrolment on future Programmes. Nothing in this clause permits Us to exclude You for any reason connected with a disability, or for requesting an adjustment under clause 7.8.

14.3 You may not transfer Your rights or Your obligations under these Terms and Conditions to another person. Green Gorilla may transfer its rights and obligations under these Terms and Conditions to another organisation, and may subcontract delivery of any Programme to a delivery partner, provided that this does not affect Your rights under these Terms and Conditions.

14.4 Green Gorilla reserves the right to update, amend or replace these Terms and Conditions at any time. Any such change will not apply retrospectively to a Programme You have already purchased, and the Terms and Conditions in force at the date of Your purchase will continue to apply to that Programme.

14.5 This agreement is between You and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

14.6 Each of the paragraphs 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.

14.7 If We fail to insist that You perform, or fail to enforce, any of Your obligations under these Terms and Conditions, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

14.8 This agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.

14.9 We both 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 this agreement or its subject matter or formation (including non-contractual disputes or claims). Nothing in this clause affects the right of a consumer to bring proceedings in the courts of the part of the United Kingdom in which they are domiciled.

PRIVACY POLICY

1. WHO WE ARE

1.1 Green Gorilla Consultants Ltd is the controller of the personal data described in this policy. We are a company registered in England and Wales under number 11470721, with our registered office at 3 Windsor Court, Park View Close, St Albans, AL1 5TT.

1.2 If you have any questions about this policy or about how we handle your personal data, or if you wish to exercise any of the rights set out in clause 10, you can contact us at info@thegreengorilla.co.uk or by writing to us at the address above.

1.3 This policy was last updated on the date shown at the end of this document. We may update it from time to time, and will publish the current version on our website.

2. WHAT PERSONAL DATA WE COLLECT

2.1 We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:

2.1.1 Identity Data: your first name, last name, username and email address;

2.1.2 Profile Data: job title, organisation name, organisation address, and information relating to the sector your organisation is in;

2.1.3 Financial Data: bank account and payment card details, should you choose to pay for any Green Gorilla products or services other than through our online payment provider;

2.1.4 Transaction Data: details about payments to and from you, and other details of products and services you have purchased from us;

2.1.5 Technical Data: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, operating system and platform, and information about how often and for how long you access our website;

2.1.6 Marketing and Communications Data: your preferences in receiving marketing from us, and your communication preferences.

2.2 Where we have indicated that we need certain personal data in order to perform a contract with you, and you do not provide it, we may not be able to provide the Programme you have booked. We will tell you if this is the case.

3. HOW AND WHY WE USE YOUR PERSONAL DATA

3.1 We have set out below a description of the ways we use your personal data and the legal bases we rely on. We may process your personal data on more than one lawful ground depending on the specific purpose. Please contact us if you need details of the specific ground we are relying on.

Purpose / Activity	Type of data	Lawful basis for processing
Registering as a new user or customer	Identity Data Profile Data	Contract, where you are an individual and a contracting party: to fulfil our obligations, including providing access to the Programme. Legitimate interest, where you are a representative of a customer organisation: to allow the organisation’s designated users to access the Programme.
Allowing customers to purchase Programmes	Identity Data Profile Data Financial Data Transaction Data	Contract, where you are the customer: to take payment, create a purchase history and fulfil our contractual obligations. Legitimate interest, where you are purchasing on behalf of an organisation: to create a purchase history and a record of customer users.
Providing the Getting the Green Light Scorecard and other free resources, and responding to your enquiry	Identity Data Profile Data	Legitimate interest: to provide the resource you have asked for and to respond to you.
Sending you our newsletter and marketing emails about our programmes, resources and events	Identity Data Profile Data Marketing and Communications Data	Consent, which you gave when you asked to join our mailing list and which you may withdraw at any time by clicking unsubscribe in any email or by contacting us.
Understanding how visitors use our website so that we can improve it	Technical Data	Legitimate interest: to measure and improve the performance and content of our website.
Administering and protecting our business and website, including troubleshooting, testing, system maintenance, support, reporting and hosting	Identity Data Technical Data	Legitimate interest: to deliver, optimise, maintain and protect the integrity of our website for the benefit of all users.
Communicating with you about a Programme you have booked, including changes to it	Identity Data Profile Data	Contract: to perform our obligations to you. Legitimate interest, where you are a representative of a customer organisation: to keep designated delegates informed.

4. COOKIES AND SIMILAR TECHNOLOGIES

4.1 Cookies are small text files placed on your device when you visit a website. Similar technologies, such as browser local storage, also store information on your device.

4.2 We do not use cookies on our website for analytics, advertising or tracking, and we do not use cookies to identify you or to build a profile of you.

4.3 We use Ahrefs Web Analytics to understand how visitors use our website so that we can improve it. Ahrefs Web Analytics does not use cookies and does not place any identifier on your device. It collects information such as the pages you visit, the website that referred you, and your approximate location derived from your IP address. It does not track you across websites. We rely on our legitimate interest in understanding and improving our website for this processing.

4.4 Where you choose to book a call with us, you will be taken to our scheduling provider’s own website. That provider may set cookies on its own website, which are governed by its privacy notice and not by this policy.

4.5 You can block or delete cookies through your browser settings, although doing so may affect how our website works.

4.6 If we introduce cookies or similar technologies that are not strictly necessary, we will update this policy and ask for your consent before they are used.

4.7 Our website displays a carbon badge, which shows the estimated carbon footprint of the page. To provide it, we use a small amount of browser local storage to cache the measurement so that it does not need to be recalculated on every visit. This information relates to the page rather than to you, does not identify you, and is not used to track you.

5. WHO WE SHARE YOUR DATA WITH

5.1 We may share your personal data with:

5.1.1 our website host, IONOS, who hosts the Green Gorilla website on our behalf;

5.1.2 our email provider, Google Workspace, through which we receive and respond to your messages;

5.1.3 Ahrefs, our website analytics provider;

5.1.4 Calendly, our scheduling provider, where you book a call with us;

5.1.5 EcoSend (GoSquared Ltd), a UK email marketing platform, which hosts our newsletter mailing list where you have asked to receive it;

5.1.6 Website Carbon (Wholegrain Digital), which provides the carbon footprint measurement shown on our website;

5.1.7 unpkg, a content delivery network operated by Cloudflare, which serves some of the scripts our website uses;

5.1.8 our payment provider, where you pay for a Programme online;

5.1.9 trainers and delivery partners who deliver a Programme you have booked; and

5.1.10 our professional advisers, and any regulator or law enforcement body where we are required to disclose.

5.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow them to use your personal data for their own purposes, and we only permit them to process it for specified purposes and in accordance with our instructions.

5.3 We do not sell your personal data, and we do not share it with third parties for their own marketing purposes.

6. INTERNATIONAL TRANSFERS

6.1 Some of our service providers are based outside the United Kingdom, so their processing of your personal data may involve a transfer of data out of the UK.

6.2 Where we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by relying on one of the following safeguards: the country has been assessed by the UK government as providing an adequate level of protection for personal data; or we use specific contracts approved for use in the UK which give personal data the same protection it has in the UK, such as the International Data Transfer Agreement or the UK Addendum to the EU Standard Contractual Clauses.

6.3 You can request further information about the safeguards we rely on by contacting us at info@thegreengorilla.co.uk.

7. DATA SECURITY

7.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

7.2 We have put in place procedures to deal with any suspected personal data breach, and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. HOW LONG WE KEEP YOUR DATA

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

8.2 To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure, the purposes for which we process it and whether we can achieve those purposes by other means, and the applicable legal requirements.

8.3 In particular:

8.3.1 we keep your details on our mailing list until you unsubscribe or ask us to remove them, and we will remove you from the list if you have not opened any of our emails for two years;

8.3.2 we keep records relating to a Programme you have purchased for six years from the end of the tax year in which the purchase was made, in order to meet our legal and accounting obligations; and

8.3.3 we keep general enquiries and correspondence for two years from our last contact with you.

8.4 In some circumstances we may anonymise your personal data, so that it can no longer be associated with you, for research or statistical purposes. In that case we may use the anonymised information indefinitely without further notice to you.

9. AUTOMATED DECISION-MAKING

9.1 We do not make any decisions about you based solely on automated processing, including profiling, that produce legal effects concerning you or similarly significantly affect you.

10. YOUR LEGAL RIGHTS

10.1 You have the right to:

10.1.1 request access to your personal data, commonly known as a “data subject access request”. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it;

10.1.2 request correction of the personal data we hold about you. This enables you to have any incomplete or inaccurate data corrected, though we may need to verify the accuracy of the new data you provide;

10.1.3 request erasure of your personal data where there is no good reason for us continuing to process it, where you have successfully objected to processing, where we may have processed your information unlawfully, or where we are required to erase it to comply with the law. We may not always be able to comply with a request for erasure for specific legal reasons, which we will explain to you at the time;

10.1.4 object to processing of your personal data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object. You also have the right to object at any time where we are processing your personal data for direct marketing purposes. In some cases we may demonstrate that we have compelling legitimate grounds which override your rights and freedoms;

10.1.5 request restriction of processing of your personal data. This enables you to ask us to suspend processing in the following scenarios: if you want us to establish the data’s accuracy; where our use of the data is unlawful but you do not want us to erase it; where you need us to hold the data even if we no longer require it, because you need it to establish, exercise or defend legal claims; or where you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds;

10.1.6 request the transfer of your personal data to you or to a third party in a structured, commonly used, machine-readable format. This right only applies to automated information which you initially provided consent for us to use, or where we used the information to perform a contract with you; and

10.1.7 withdraw consent at any time where we are relying on consent to process your personal data. This will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you, and we will tell you if this is the case.

10.2 You will not have to pay a fee to exercise any of these rights. We may need to request specific information from you to help us confirm your identity, as a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request, to speed up our response.

10.3 We aim to respond to all legitimate requests within one month. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests, in which case we will notify you and keep you updated.

11. COMPLAINTS

11.1 We would prefer to resolve any concern about how we handle your personal data ourselves, so please contact us first at info@thegreengorilla.co.uk and we will do our best to put things right.

11.2 You also have the right to complain at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. You can contact the ICO at www.ico.org.uk, by telephone on 0303 123 1113, or by writing to Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

ACCEPTABLE USE POLICY

1. ABOUT THIS POLICY

1.1 This acceptable use policy sets out the terms between you and us under which you may access our websites, mobile applications and digital platforms (“the Services”).

1.2 Your use of the Services means that you accept, and agree to abide by, this acceptable use policy together with our Terms and Conditions and our Privacy Policy.

2. PROHIBITED USES

2.1 You may use the Services only for lawful purposes. You may not use the Services:

2.1.1 in any way that breaches any applicable local, national or international law or regulation;

2.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

2.1.3 for the purpose of harming or attempting to harm minors in any way;

2.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards in clause 4;

2.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material, or any other form of similar solicitation (spam); or

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

2.2 You also agree:

2.2.1 not to reproduce, duplicate, copy or re-sell any part of the Services in contravention of our Terms and Conditions; and

2.2.2 not to access without authority, interfere with, damage or disrupt any part of the Services, any equipment or network on which the Services are stored, any software used in the provision of the Services, or any equipment, network or software owned or used by any third party.

3. INTERACTIVE SERVICES

3.1 We may from time to time provide interactive services on the Services, including chat rooms and online communities, bulletin boards, forums, online training courses, conferences or seminars, comments features, live stream video features, and blog services.

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

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

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

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

4. CONTENT STANDARDS

4.1 These content standards apply to any and all material which you contribute to the Services (“contributions”), and to any interactive services associated with them. You must comply with the spirit and the letter of these standards, which apply to each part of any contribution as well as to its whole.

4.2 Contributions must:

4.2.1 be accurate, where they state facts;

4.2.2 be genuinely held, where they state opinions; and

4.2.3 comply with applicable law in the UK and in any country from which they are posted.

4.3 Contributions must not:

4.3.1 contain any material which is defamatory of any person;

4.3.2 contain any material which is obscene, offensive, hateful or inflammatory;

4.3.3 promote sexually explicit material;

4.3.4 promote violence;

4.3.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

4.3.6 infringe any copyright, database right or trademark of any other person;

4.3.7 be likely to deceive any person;

4.3.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

4.3.9 promote any illegal activity;

4.3.10 be threatening or abusive, or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

4.3.11 be likely to harass, upset, embarrass, alarm or annoy any other person;

4.3.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

4.3.13 give the impression that they emanate from us, if this is not the case; or

4.3.14 advocate, promote or assist any unlawful act, such as, by way of example only, copyright infringement or computer misuse.

5. SUSPENSION AND TERMINATION

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

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

5.2.1 immediate, temporary or permanent withdrawal of your right to use the Services;

5.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to the Services;

5.2.3 issue of a warning to you;

5.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis, including reasonable administrative and legal costs, resulting from the breach;

5.2.5 further legal action against you; or

5.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

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

6. CHANGES TO THIS POLICY

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