CONTENTS
4) TERMS & CONDITIONS OF ADVERTISING
5) TERMS & CONDITIONS OF THE CV SEARCH FOR EMPLOYERS/RECRUITMENT AGENCIES
6) TERMS & CONDITIONS OF REVIEW WIDGETS
8) INVITE TO REVIEW: DATA PROCESSING TERMS
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website daynurseries.co.uk including the control panel and our daynurseries.co.uk email newsletter (“our site”). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree, please refrain from using our site.
Information about us
daynurseries.co.uk is a site operated by Tomorrow’s Guides Limited (“We”). We are registered in England and Wales under company number 02889550 and have our registered office at Unit 1 Station Yard, Station Road, Hungerford, Berkshire RG17 0DY. Our VAT number is 757248207.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or we believe your user identification has been compromised or otherwise believe there is a security risk presented by use of such user identification.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Prohibited uses
In accessing any part of our site, you agree:
• not to use our site in such a way that disrupts, interferes with or restricts the use of our site by other users;
• not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of our site; and
• not to change, modify, delete, interfere with or misuse data contained on our site and entered by or relating to any third party user of our site.
Material contained in our site must not be reproduced or exploited for commercial gain. All other rights are reserved and users must seek our permission before making any other use of material contained in our site.
Content Standards & Uploaded Content
These Content Standards apply to any content or comments posted or uploaded on our site. The Content Standards must be complied with in spirit as well as to the letter. We will determine, in our discretion, if such postings breach the Content Standards. We reserve the right to edit, not publish or to remove any content whether or not it complies with these Content Standards. Although our site is fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate our site or any other service we provide on our site and we may stop moderating our site at any time.
Postings must:
• Be relevant
• Be written in English and comply with acceptable standards of spelling and grammar
• Comply with the laws applicable in England and Wales and in any country from which it is posted
Postings must not:
• Be defamatory of any individual or organisation
• Be obscene, offensive, hateful, threatening, harassing or unlawful
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Contain abusive language
• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual
• Be written in capitals
• Stereotype sections of society
• Name any organisations/businesses other than the organisation/business that is relevant to the listing, review etc…
• Infringe any copyright, database right or trade mark of any other person
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Be in contempt of court or breach of a court order
• Impersonate any person, or misrepresent your identity or affiliation with any person
• Give the impression that the posting emanates from us if this is not the case
• Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism
• Contain any advertising or promote any services or web links to other sites.
Content standards also apply to any videos uploaded to the site and, in addition to the general content standards listed above, the following specific standards (“Video Standards”) will apply:
• videos will only be posted by someone who has obtained all necessary rights and permissions to do so. Such rights and permissions will include (but not be limited to) licences and releases of any applicable copyright and performers’ rights licences and releases and consents under the General Data Protection Regulations (GDPR) from anyone shown in the video or whose personal data is used in the video;
• videos will comply with the laws applicable in England and Wales and in any country from which it is posted;
• videos will not contain strobing or flashing content or other material which carries a material risk of triggering migraines, photo-sensitive epilepsy or other conditions affected by visual material;
• videos will not contain any material which would prevent the video in question obtaining a PG rating as a maximum were it subject to classification by the BBFC under its then current guidelines.
Notice & Take Down Procedure: If you believe that content on our website may breach any of our Content Standards you can alert one of our moderators by clicking on the link provided or by emailing info@daynurseries.co.uk. You will need to provide your email address and/or telephone together with a short explanation why you believe the content does not comply with our Content Standards. Reporting content will not automatically remove it, but will ensure we look at it as soon as possible. The moderators will then decide whether to remove it permanently or reinstate it.
License of Content: By submitting content to our site, you agree to grant us a non-exclusive, perpetual royalty-free, transferable and sub-licensable licence to use that content. Although you will still own the copyright in your content, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your content. You further grant us the right to pursue at law any person or entity that violates your or Tomorrows Guides' rights in the uploaded content by a breach of these terms.
Indemnification: You agree to indemnify and hold us harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to content you have uploaded onto our website or your breach of the provisions of these terms.
Social Media: We have a social media presence and use Facebook and Twitter among other social media platforms. Please note that material posted by you to this site may be reposted or promoted by us on our social media platforms on the same conditions as apply to our website and subject to any additional conditions imposed by the platform in question. By posting to our website you are deemed to consent to any reposting or promotion by us using social media.
Care Providers and Reviews:
- We have endeavoured to ensure that any Reviews posted on the site are fair, and that, as care providers, you always have an opportunity to provide your own point of view and to make clear where you disagree with anything being said by a reviewer. By engaging with us in this process you acknowledge that the Reviews and associated material published together constitute a fair and balanced set of opinions about your services.
- You will only use any personal data we provide to you for the purposes of responding to the particular Review to which it relates and/or for addressing any legal or regulatory issues and/or as otherwise required by law, and you will only retain any such personal data for so long as is necessary for those purpose(s).
Candidates Uploading CVs/Applying to Jobs:
In addition to the content standards outlined above, you are not permitted to:
- submit CV Details/CV that are not accurate/genuine
- submit CV Details/CV that promote products or services
- set up duplicate accounts with duplicate/different CVs
- submit CV Details/CV or apply for any job on behalf of another party
- defer any contact from an agent/agency/employer to any agent/agency/third party
You must be 16 years of age or older to apply for jobs/upload CVs and, if under the age of 18, you must apply to jobs/upload CVs under the supervision of a parent, legal guardian, or other responsible adult.
We will use the information supplied by you to assist the recruitment process made through this website. This involves us, amongst other things, processing and storing information and passing or making available online such information to prospective employers and recruitment agencies. By uploading a CV or applying for a job you consent to this use of the information. You have no ownership rights for your daynurseries.co.uk account and if your account is cancelled/terminated, your account information including CV Details, CVs, job applications etc.. will be marked as deleted and may be deleted from our databases and will be removed from the public areas of daynurseries.co.uk’s websites. Employers and recruitment agencies may retain saved copies of your information in accordance with their own legal obligations.
Intellectual property rights
We are the owner of all intellectual property rights in the material and data on our site, subject to the provisions in the intellectual property rights in the Content Standards and Uploaded Content (see above). Such rights include, but are not limited to:
• unregistered trade mark rights protecting our business and trading names;
• database rights protecting the data published on our site;
• copyright and design rights in the text and graphics on our site; and
• copyright in the software used on our site other than that licensed to us.
You must only use the materials and/or data on our site for personal and non-commercial purposes and in accordance with the terms below.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
We expressly prohibit any third party from gathering, extracting, reproducing and/or displaying any material or data on or from our site, regardless of how such material or data is obtained (eg by the use of spiders or other ‘screen scraping’ software or system used to extract data) or the reason it is obtained. If you print off, copy or download any part of our site or use the data on our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, and delete the data from any medium in your possession, custody or control. You may also be exposed to a possible claim for damages for breach of intellectual property rights and/or contract. We expressly reserve all rights in this regard.
You agree to indemnify and hold us harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to your use of our site or your breach of the provisions of these terms.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Limitation of our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
2.1 loss of income or revenue;
2.2 loss of business;
2.3 loss of profits or contracts;
2.4 loss of anticipated savings;
2.5 loss of data;
2.6 loss of goodwill;
2.7 wasted management or office time; and
2.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Our liability for losses suffered as a result of a breach of these terms by us is strictly limited to liability in respect of claims brought within one year of the material being first displayed on our site.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Use of your email address
When you send emails or request brochures through the profile pages, you are required to enter your email address. We will pass your email address on to the relevant organisation and/or their representative so that they can respond to your query.
Viruses, hacking and other offences
You must not misuse our site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and other relevant laws in this and other jurisdictions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to info@daynurseries.co.uk.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
API
Please refer to API Terms of Use
Review Widgets
Please refer to Terms & Conditions of Review Widgets
Recommended Stamp & Awards Logos
Nurseries are only allowed to display this recommended stamp on their website if they have a review listed on daynurseries.co.uk and they have an Enhanced / Premium / Platinum Service. The recommended stamp must be linked back to daynurseries.co.uk .
Nurseries are only allowed to display a daynurseries.co.uk awards logo on their website if they have won a daynurseries.co.uk Award. The awards logo must be linked back to daynurseries.co.uk .
If for any reason our server is not available the Recommended Stamp or Awards logo may be temporarily rendered inaccessible but we will not be liable in any way for such non-availability or interruption.
You are not allowed to make use of the Recommended Stamp or Awards Logos in any misleading manner or in any way which brings or risks bringing daynurseries.co.uk into disrepute.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their 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.
Variations
We may revise these terms of use 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 made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your concerns
If you have any concerns about material which appears on our site, please contact info@daynurseries.co.uk.
Thank you for visiting our site.
Introduction
We are committed to safeguarding the privacy of our website visitors and service users (both online and offline).
This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via logging into your Account.
In this policy, "we", "us" and "our" refer to Tomorrow's Guides Limited. For more information about us, see the section "Our details" below.
How we use your personal data
In this section we have set out:
We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services. Since this usage data is largely derived from cookies or other web technologies, please also see our Cookie Policy.
We may process information relating to transactions, including purchases of services, that you enter into with us ("transaction data"). The transaction data may include your contact details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our business.
We may process your personal data as contained within our organisation listings data ("organisation listings data"). The organisation listings data may include names, email addresses, telephone numbers, job titles and individuals in photos and videos relating to your organisation. The sources of the organisation listings data are you, your organisation (including your organisation’s website) or the regulatory authorities. The organisations listings data may be processed for the purposes of being published on our websites, receiving updates and marketing emails about our website services, receiving survey emails, and receiving email enquiries and brochure requests. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, in particular, to provide website users with the necessary information on our website to make informed decisions about selecting care providers/care related services, to send enquiries/brochure requests to organisations, to enable organisations to manage their listing and to accurately show the general public what services they offer.
We may process your email enquiries, brochure requests and book a tour data ("email enquiries data""). The email enquiries data may include names, email addresses, telephone numbers and postal addresses. The email enquiries data may be processed for the purposes of sending email enquiries, making brochure requests and booking a tour to organisations who may respond/contact you, as well as for the purposes of contacting you to help you find a care provider, to ask if you have found a care provider, to submit a review, to complete a survey, or to sign up to receive our email newsletter. We will also email you a copy of your enquiry. The legal basis for this processing is our legitimate interests: to provide website users with the ability to send enquiries to organisations, to enable organisations to receive and respond to these enquiries, to help website users find a care provider, to enable website users give feedback to care providers, to provide website users with reviews to make informed decisions about selecting care providers, to increase awareness of and assist in the operation of our email newsletter, and to improve our website and service offering. In respect of any health data which comprises special category personal data, the legal basis for this processing is the explicit consent of the data subject.
We may process your reviews data ("reviews data"). The reviews data may include your name, email addresses, telephone numbers, other personal data included in the review comment and information about the software and hardware you are using. Your name may also be included by the reviewer in a review. The source of the reviews data is the reviewer as well as our fraud prevention technology provider and the reviews data may be processed for the purposes of the moderation and publication of reviews on the website and potentially other selected websites and social media, as well as for the purpose of verifying contact details and reviews to identify fraudulent reviews and contacting you to send you surveys. Your review and full name may be passed to care providers or their service provider handling reviews who may use the review for their own purposes, including marketing their services. The term “care provider" may refer to the organisation being reviewed or to a connected head office/subsidiary/franchisor/franchisee. Please see our Review Policy to how we moderate reviews. The legal basis for this processing is our or a third party’s legitimate interests which are to provide website users with valid and legitimate reviews to make informed decisions about selecting care providers, to provide service users and their family/friends a way to leave feedback to care providers and also to enable organisations to receive feedback and show the general public information on the services they offer.
We may process your recruitment data – job listings & CV Search ("recruitment data"). The recruitment data may include your name, email address, job title and telephone number. For job listing, the recruitment data may be processed for the purposes of managing job listings and to receiving job applications. For the CV Search, the recruitment data may be processed for the purposes of managing the CV Search subscription and sending emails to potential candidates. The legal basis for this processing is our legitimate interests, namely the proper administration of our Jobs Board and CV Search, in particular, to allow employers/recruiters to source candidates through posting jobs and using the CV Search and also to provide job seekers with job opportunities through applying for jobs and uploading their CV.
We may process your job applications data ("job applications data"). The job applications data may include your name, email address, job title, telephone number and personal data relating to your job profile and included on your CV. The data may be processed for the purposes of managing job listings, receiving relevant job alerts and sending job applications to organisations who may respond/contact you. The legal basis for this processing is our legitimate interests, to provide website users with the ability to send job applications to organisations and also to enable organisations to receive and respond to these job applications. Where CVs include special categories of data, the legal basis of this processing is as per Article 9(2) of the GDPR: (e) processing relates to personal data which are manifestly made public by the data subject.
We may process your CV uploads data ("cv uploads data"). The cv uploads data may include your name, email address, job title, telephone number and personal data relating to your job profile and included on your CV. The data may be processed for the purposes of managing your CV, receiving emails/phone calls about jobs from employers/recruiters and receiving relevant jobs alerts from our website. The legal basis for this processing is our legitimate interests, namely the proper administration of our CV Search, in particular, to allow employers/recruiters to source candidates through using the CV Search and also to provide job seekers with job opportunities through uploading their CV. Where your personal data includes special categories of data, the legal basis of this processing is as per Article 9(2) of the GDPR: (e) processing relates to personal data which are manifestly made public by the data subject.
We may process your website user account data ("website user account data"). The website user account data may include your name, email address and telephone number. The data may be processed for the purposes of managing your website user account, receiving survey emails and receiving marketing emails about our website services. The legal basis for this processing is our legitimate interests, in particular, to provide those with website user accounts with additional website functionality.
We may process your email newsletter data ("email newsletter data"). The email newsletter data may include your names and email addresses. The email newsletter data may be processed for the purposes of sending you the email newsletter and sending you a survey. Where we are sending a newsletter using personal data collected before 25 May 2018, the legal basis for this processing is our legitimate interests, namely the operation of our email newsletter, so that subscribers can receive informative and relevant news about the care sector and so that our website can provide the care sector with an important information service. Where we are sending a newsletter using personal data collected from 25 May 2018, the legal processing is consent.
We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
In addition to the specific purposes for which we may process your personal data set out in this section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Please do not supply any other person's personal data to us, unless we prompt you to do so.
Providing your personal data to others
We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
We may provide your personal data to third parties to the extent set out in the “How we use your data” section above. Where we state that we may disclose your personal data to an organisation/care provider/employer/recruiter, this may include any of those entities’ connected head office/subsidiary/franchisor/franchisee. Furthermore, if your personal data is disclosed to an organisation/care provider/employer/recruiter, which is then acquired by a third party, then your personal data may be disclosed to this third party.
We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
We may disclose the following categories of personal data to our suppliers or subcontractors insofar as reasonably necessary for the purposes outlined.
a) organisation listing data to subcontractors for storage of data, back up of data, sending emails and communications, processing of photos and videos, sending out review cards, updating listings on third party websites, IT support, collection of debts and processing of transactions.
b) email enquiries data to our suppliers/sub contractors for storage of data and sending emails.
c) reviews data to our suppliers/sub contractors for storage of data, back up of data, sending emails and communications, verification of reviews, processing of review cards and IT support.
d) recruitment data to our suppliers/sub contractors for storage of data, back up of data, sending emails and communication, IT support and collection of debts.
e) job applications data to our suppliers/sub contractors for storage of data, back up of data, sending emails and communications and processing of CVs.
f) cv upload data to our suppliers/sub contractors for storage of data, back up of data, sending emails and communication and processing CVs.
g) website user account data to our suppliers/sub contractors for storage of data, back up of data and sending emails.
h) email newsletter data to our suppliers/sub contractors for storage of data, back up of data and sending emails.
Financial transactions relating to our website and services may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
In addition to the specific disclosures of personal data set out in this section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
International transfers of your personal data
In this section, we provide information about the circumstances in which your personal data may be transferred to countries outside the UK.
We and our group companies have offices and facilities in the USA. Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by competent data protection authorities, a copy of which can be obtained by contacting us.
We may also transfer your data to our suppliers and sub-contractors who are situated outside the UK. Such transfers will either be to countries that have been identified as providing adequate protection for personal data, or to a third party where we have approved ensured a transfer mechanism is in place to protect your personal data – for example, Standard Contractual Clauses. Further details of such transfers are as follows: we transfer all types of personal data to our US-situated suppliers/sub-contractors and we transfer reviews data to our EU situated supplier.
You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
AI assisted/automated decision-making
We carry out some automated decision-making in relation to determining whether material submitted to our website is valid and legitimate.
This automated decision-making will involve processing your personal data as we use artificial intelligence tools to parse CVs, verify reviewer details and scan, verify, filter and upload reviews.
The intended consequences of this automated decision-making is to improve our service offering and to help ensure that website users only see valid reviews and employers only receive job applications from real applicants. The significance of this automated decision-making is that materials submitted for upload to our website may be rejected as invalid/fake (in particular reviews and CVs). If materials are rejected then you may request that we carry out a manual check to ensure that valid/legitimate materials have not been accidentally excluded from our site.
Retaining and deleting personal data
This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
We will retain your personal data as follows:
Notwithstanding the other provisions of this section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Security of personal data
We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.
The following personal data will be stored by us in encrypted form: password(s).
Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.
You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).
Amendments
We may update this policy from time to time by publishing a new version on our website.
You should check this page occasionally to ensure you are happy with any changes to this policy.
We may notify you of significant changes to this policy by email or through displaying a message in your account.
Your rights
In this section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
a) the right to access;
b) the right to rectification;
c) the right to erasure;
d) the right to restrict processing;
e) the right to object to processing;
f) the right to data portability;
g) the right to complain to a supervisory authority; and
h) the right to withdraw consent.
You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To the extent that the legal basis for our processing of your personal data is:
a) consent; or
b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with the Information Commissioner’s Office.
To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
You may exercise any of your rights in relation to your personal data by written notice to us.
Third party websites
Our website includes hyperlinks to, and details of, third party websites.
We have no control over, and are not responsible for, the privacy policies and practices of third parties.
Personal data of children
Our website and services are targeted at persons over the age of 16.
If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
Updating information
Please let us know if the personal information that we hold about you needs to be corrected or updated.
Acting as a data processor
In respect of the “invite to review" feature, we do not act as a data controller; instead, we act as a data processor. The relevant care provider’s privacy notice will apply to such processing.
Insofar as we act as a data processor rather than a data controller, this policy shall not apply. Our legal obligations as a data processor are instead set out in the contract between us and the relevant data controller.
About cookies
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Cookies that we use
We use cookies for the following purposes:
status - we use cookies to help us to determine if you are logged into our website;
personalisation - we use cookies to store information about your preferences and to personalise our website for you;
security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
analysis - we use cookies to help us to analyse the use and performance of our website and services; and
cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.
Cookies used by our service providers
Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.
We use Hotjar in order to better understand our users’ needs and to optimise this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behaviour and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymous user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.Managing cookies
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
https://support.google.com/chrome/answer/95647?hl=en (Chrome);
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
http://www.opera.com/help/tutorials/security/cookies/ (Opera);
https://support.apple.com/en-gb/guide/safari/sfri11471/14.0/mac/11.0 (Safari); and
https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
Blocking all cookies will have a negative impact upon the usability of many websites.
If you block cookies, you will not be able to use all the features on our website.
Our details
This website is owned and operated by Tomorrow's Guides Limited.
We are registered in England and Wales under registration number 02889550, and our registered office is at Unit 1, Station Yard, Station Road, Hungerford RG17 0DY.
Our principal place of business is at Unit 1, Station Yard, Station Road, Hungerford RG17 0DY.
You can contact us:
by post, to the postal address given above;
using our website contact form; or
by telephone, on the contact number published on our website from time to time.
Data protection registration
We are registered as a data controller with the UK Information Commissioner's Office.
Our data protection registration number is Z6856368.
If you wish to submit a review for a nursery, please click here
General
Our website daynurseries.co.uk allows parents/individuals responsible for a child to post comments and ratings of nursery experiences (“Reviews”). The primary purpose of these Reviews is to help potential parents to find the right nursery. The Reviews also provide parents with an opportunity to provide feedback to nurseries and for nurseries to use this feedback to make improvements.
If you have a serious allegation of negligence or wish to make a formal complaint please refer to our complaints page.
The views, comments and opinions expressed in the Reviews submitted to our site do not represent our views and we accept no responsibility or liability for any such Reviews. All Reviews are left in accordance with our terms and conditions.
Recent experience of care provision
To ensure reviews are relevant and current, all reviews must be based on first-hand (in person) experience of provision of nursery services within the past 12 months.
Who can submit Reviews?
Reviews of nurseries can only be submitted by parents/individuals responsible for a child who attends the nursery.
People under 16 should get permission from a parent or guardian before posting on our site.
Who can't submit Reviews?
Reviews are not accepted from the following connections, even if they are parents/individual responsible for a child who attends the nursery:
For clarity, these restrictions apply not only to the care provider but where applicable to its wider organisation.
Asking for reviews and incentives
If nurseries are asking for reviews, they should do so in a fair, neutral and unbiased way.
Nurseries are not permitted to:
Submitting reviews directly
Reviews are not accepted if they are submitted on behalf of a parent/individual responsible for a child. This includes copying in-house comment cards, letters or reviews from other websites and submitting them as reviews.
Contact Details
For reviews submitted online through daynurseries.co.uk, we require the reviewer’s personal email address and telephone number. The email address of the nursery, or a member of staff at the nursery, will not be permitted. Reviewers who do not have their own personal email address should submit their review on a Review Card.
For reviews submitted on Review Cards, we require either the reviewer’s personal email address or telephone number.
Anonymous Reviews
Reviews cannot be submitted anonymously through daynurseries.co.uk. We require the full name and telephone/email of the reviewer, and we may share the full name with the nursery. We do this so that we can properly authenticate reviews and so that nursery can address any feedback/issues.
When a review is published, the website displays the first name and initial of the surname, or the reviewer can choose only their initials. Our policy is not to include the reviewer’s full surname.
Multiple Reviews from the same Reviewer
When a Review is submitted by someone who has previously submitted a Review, the latest Review replaces the older Review. The older Review is no longer published and does not count towards the Review Score (see below).
Multiple Reviews from different Reviewers about the same child experience
If we receive multiple reviews from different reviewers relating to the same child experience within a similar timescale they may be subject to further moderation to ensure a fair picture for the care seeker.
Content Standards
Reviews must:
Reviews must not:
Our general approach is that we take a neutral stance in factual disputes between nurseries and reviewers. If a nursery disagrees with the reviewer over the experience, we recommend that the nursery writes a reply to the review sharing their version of events so that website users can see both perspectives.
Moderation – Pre-Screening of Reviews
a) The Review is posted online or it is received from a Review Card and then entered onto our system by the Review Team.
b) Reviews that do not comply with the Review Policy are not accepted or published.
The Review Team reject Reviews for the following reasons:
- The Connection of the Reviewer is not valid (see section above ‘Who Can Submit Reviews’).
- The Review does not conform to our Content Standards (see section above ‘Content Standards’).
- The Review is incomplete, e.g. missing comment, missing ratings, missing signature. We can only accept the missing information if given in writing.
Then, an email is sent to the reviewer to say that the review has not been accepted (where we have their email address) and also to the contacts of the care provider record. When a Review is rejected for not conforming to the Content Standards, the email to the Reviewer, states that they can amend and re-submit the Review.
c) Reviews that appear to comply with the Review Policy go through various authentication checks:
- We have a number of data checks to authenticate Reviews (submitted from same IP address, same name/email/telephone as a current Review etc..)
- For a number of Reviews, the Review Team telephones/emails the reviewer for confirmation.
Then:
- If the review is flagged and fails our authentication checks, an email is sent to the contacts of the care provider stating that the Review could not be authenticated.
- If the review is not flagged by our authentication checks, then the Review will move to pending publication.
d) Reviews Pending Publication:
When a Review moves into Pending Publication, an email is sent to the contacts of the care provider with a link to the Review. The care provider is informed that the Review will automatically be published after 7 days unless they select one of the following options:
1) Publish Immediately. The Review will be published and an email sent to reviewer and to the contacts of the care provider saying the Review is live.
2) Publish adding a reply to the Review. The Review Team verify the reply to ensure they abide by the terms of the Review Policy and then the Review will be published and an email sent to the reviewer and to the contacts of the care provider saying the Review is live.
A review that has been published may subsequently be removed if it is deemed to be non compliant with our review policy. This may happen as result of further information being provided to us on the review or new authentication checks revealing the review to be non compliant.
During the moderation process, for the purpose of verifying/replying to your review, we may use your personal details to contact you to and we my pass your full name on to the organisation you are reviewing or to its service provider handling reviews but not to any other third party.
Daynurseries.co.uk will decide, in its sole discretion, whether a Review complies with the Review Policy.
We reserve the right to edit Reviews to ensure that the Review complies with our Review Policy. As a general rule, we will only edit Reviews to remove names from the content of the reviews.
We will try to publish as many Reviews as we can but cannot guarantee that all Reviews will be published and we may reject a Review with or without giving reasons for such rejection. If daynurseries.co.uk rejects a Review submitted by you, if you wish, you can edit the rejected Review and resubmit it. We reserve the right to take down at any time any Review.
We cannot guarantee how quickly Reviews will be posted on our site. We try to process the Reviews as quickly as we can, but on occasions it can take up to 30 days for them to be Published or deemed non compliant with our Review Policy.
The moderation process is identical for care providers we have a commercial relationship with and for those we do not. Care providers must not make reference to their commercial relationship with daynurseries.co.uk when commenting on reviews to the moderation team. Any such reference will be disregarded by the moderation team in considering whether a review is compliant or not.
We endeavour to ensure that any Reviews posted on the site are fair, and that care providers always have an opportunity to provide their own point of view and to make clear where they disagree with anything being said by a reviewer. By engaging with us in this process care providers acknowledge that the Reviews and associated material published together constitute a fair and balanced set of opinions about their services.
Review Replies
Review Replies must comply with the Review Content Standards. The Review Team verifies all replies for compliance before publication.
For the avoidance of doubt, Review Replies must not reveal specific personal information about the reviewer, the child or a third party as this may breach data protection legislation (unfair processing of personal or sensitive personal data) and would also be likely to breach the care provider's duty of confidentiality to the reviewer or child.
We reserve the right to edit Replies to ensure that they comply with our Review Policy. As a rule, we will only edit Replies to remove names from the content of the reply.
Review Replies must be submitted within 6 months of the submission date of the relevant review.
We aim to verify all Review Replies within 3 working days but we cannot guarantee this.
Notice & Take Down Procedure on our website
If you believe that someone’s Review on our website does not comply with our Review policy you can alert one of our moderators by clicking on the link provided to report a Review. You will need to provide your email address and/or telephone together with a short explanation why you believe the Review does not comply with our Review Policy. Reporting a Review will not automatically remove it, but will ensure we look at it as soon as possible. The moderators may suspend the Review during the investigation and then will decide whether to remove it permanently or reinstate it. We reserve the right to take down at any time any Review.
If you have submitted a Review and wish it to be taken down from our website, you can contact one of our moderators by clicking on the link provided to report a Review. You will need to provide your email address and/or telephone and to state that you previously submitted the review and now wish for it be removed.
Fraudulent Reviews
Daynurseries.co.uk is committed to ensuring the integrity of the content it collects and provides to its website users.
Any attempts to mislead, influence or impersonate a reviewer is considered fraudulent and is subject to penalties. Such fraudulent behaviour includes but is not limited to:
i) Attempts by an owner or agent of a nursery to boost the reputation of an organisation by:
- Writing a review for their own organisation or for any organisation they own, manage or have a financial interest in.
- Utilising any optimisation company, marketing organisation, or third party to submit reviews
- Impersonating a competitor or parent
- Offering incentives or inducements (including discounts, free prize draws or any special treatment) to parents in exchange for reviews or to influence the content of a review
- Submitting reviews on behalf of a parent
- Copying in-house comment cards, letters or reviews from other websites and submitting them as reviews
- Selectively soliciting reviews (by e-mail, through the review cards or by any other means) only from parents who have had a positive experience
- Pressurising parents to submit a positive review, remove a negative review or to make changes to a review
- Asking parents to remove their reviews in return for a discount or incentive
- Prohibiting or discouraging parents from posting negative or critical reviews of their experience
- Attempts to damage competitors by submitting a negative review
ii) An owner or agent of a nursery writing a review on a direct competitor, even if the review describes a genuine experience.
Whilst investigating a potential fraudulent review, we may suspend the review and then we will decide whether to remove it permanently or reinstate it. If we discover a fraudulent review, it will be removed. We may also remove all reviews and exclude from our annual awards that nursery and any nurseries in the same group.
To help maintain the integrity of our website, we reserve the right to carry out a full audit of all reviews on a profile page if we are alerted to the possibility of fraudulent reviews or if we are suspicious about reviews (e.g. several reviews submitted with the same handwriting or all reviews have an excellent rating for all categories). When performing an audit, we may ask all or some of the following questions
How Reviews are Submitted
We receive approximately 85% of Reviews through website submission and 15% of Reviews through Review Cards (only available to Enhanced / Premium / Platinum Service subscribers more info). For the avoidance of doubt, we only accept Review Cards in their original format ie we do not accept photocopies of Review Cards or Review Cards that are scanned and emailed to us. For all reviews submitted online, the reviewer must provide a personal email address.
Invite to Review
Care providers using the Invite to Review service shall at all times comply with the requirements of data protection legislation in respect of any data including data relating to their customers and relatives of their customers used in requesting and obtaining feedback.
If a customer or relative of a customer no longer wishes to receive electronic requests for feedback for their care provider, they should contact the care provider directly.
Privacy
When you make a Review you will be asked to provide your full name and either your telephone number and/or email address. These details will not be published and will be used to verify/respond to your Review as is necessary. Your review and full name may be passed to care providers or their service provider handling reviews who may use the review for their own purposes, including marketing their services. Reviews data that is contained in the review (display name, connection, comment) is retained for as long as the review is published - reviews remain published unless a reviewer requests it to be removed. Reviews data that is not published (full name, email, telephone etc..) is retained for a maximum period of 6 years from data of submission. We will review our policy on this retention every 2 years.
Reviewers are also asked to provide a 'Display Name' to be shown on the website together with the Review. It is our policy not to publish surnames and where required our Review Team will edit the 'Display Name' appropriately.
Use of your Review
Reviews are published on our website and often on the care provider website. In addition, they might be displayed on social media, marketing literature and other selected websites. By submitting a Review to our site, you agree to grant us a non-exclusive, perpetual royalty-free, transferable and sub-licensable licence to use that Review. Although you will still own the copyright in your Review, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Review. The right to edit and alter the Review will be exercised in order to ensure that the Review complies with the relevant law, this policy and to protect the privacy of individuals. We also have the right to remove Reviews from the site. You further grant us the right to pursue at law any person or entity that violates your or Tomorrows Guides' rights in the Reviews by a breach of these terms. By submitting a Review, you are warranting that you have the right to grant the licence above.
Individual Ratings
There are 12 individual ratings on each review for ‘Overall Standard’, ‘Learning’, ‘Care’, ‘Staff’, ‘Management’, ‘Safeguarding’, ‘Facilities/Outside Space’, 'Resources/IT/Equipment', ‘Cleanliness’, ‘Activities’, ‘Food & Drink’ and ‘Value For Money’.
For each of these individual ratings, the reviewer can rate the nursery: ‘Excellent’, ‘Good’, ‘Satisfactory’, ‘Poor’ or ‘Very Poor’
Review Score
The Review Score is based on user Reviews and the maximum Review Score is 10. There are 5 Points available for the Average Rating of all Reviews in the last 24 months and 5 Points available for the number of positive Reviews in the last 24 months:
a) 5 Points are available for the Average Rating of all Reviews in the last 24 months. For each review the nursery is rated Excellent, Good, Satisfactory, Poor or Very Poor on a number of areas eg Staff, Management etc. The nursery receives points for each rating as follows: Excellent = 5. Good = 4. Satisfactory = 3. Poor = 2. Very Poor = 1. These points are added up and then divided by the total number of completed ratings to generate the average rating.
b) 5 Points are available for the number of Positive Reviews in the last 24 months. A Positive Review is defined as any Review with an Overall Experience of 4 or 5 (out of a maximum rating of 5).
The 5 points available are broken down as follows:
i) 4 points are available for 10 Positive Reviews in last 24 months, 3 points for the first Positive Review, 0.125 Points for each of the next 4 Positive Reviews, and then 0.1 Points for each of the next 5 Positive Reviews. (1st = 3, 2nd = 0.125, 3rd = 0.125, 4th = 0.125, 5th = 0.125, 6th = 0.1, 7th = 0.1, 8th = 0.1, 9th = 0.1, 10th = 0.1).
ii) 1 point is available for the number of Positive Reviews reaching 20% of the number of registered child places in the last 24 months. If this number is partially reached, then that proportion of 1 point is given. eg a nursery registered for a maximum of 50 child places has to reach 10 Positive Reviews to receive 1 point, if it has 7 reviews it will receive 0.7 points.
When a Review is submitted by someone who has previously submitted a Review, only the latest Review will be published and count towards the Review Score.
If a nursery does not have a review in the last 24 months, then it will not have a Review Score.
Group Review Score
The Group Review Score is derived from the average of all the Review Scores of its Members with a Review Score. 75%+ Members of the Group must have a Review Score before a Group Review Score can be achieved.
Daynurseries.co.uk reserves the right to alter or update this policy at any time, including, but not limited to, changes to the review moderation processes, content standards and the review score.
If you have any feedback or require further information on our reviews, please email reviews@daynurseries.co.uk or call 01488 684321 and select option 1 for the Review Team.
These terms shall apply in addition to all other terms and conditions on this site. In the event of a conflict arising out of these terms and any others on the site, the provisions of these terms shall prevail.
For the purposes of these terms, an ‘Advertisement’ refers to all types of advertisements including (without limitation) Features, Banner Advertisements, Sponsored Services, Enhanced / Premium / Platinum Service and Job Postings on our website daynurseries.co.uk, our daynurseries.co.uk email newsletter and our daynurseries.co.uk iPhone, iPad and Android apps (“our site”).
Tomorrow’s Guides accepts the publication of the Advertisements on the terms set out below and by placing an order, the Advertiser (being the person or organisation placing the order for the Advertisement, whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these terms in full.
Formats
a) Features
Features on the section pages (eg Jobs Page) are displayed underneath the search and Features on the search results pages are displayed above the listing results. For information on Featured Nurseries click here, for Featured Nursery Groups click here and for suppliers click here.
Tomorrow’s Guides reserves the right at any time to change the format of a Feature.
b) Enhanced / Premium / Platinum Service
The Advertiser’s listing(s) features in the top part of area listings on daynurseries.co.uk with logo and photo. In addition, the Advertiser logo, up to 3 photos and up to 150 word description are displayed on the Advertiser’s profile page and the Advertiser has access to services such job vacancies, review cards and press release distribution. Click here for terms & conditions of the CV Search for Employers/Recruitment Agencies. Click here for full details of an Enhanced / Premium / Platinum Service.
Where an Enhanced / Premium / Platinum Service has been ordered for specific member records, but not for all member records in a group, the benefits of the service can only be used for those specific member records with an order.
Please note if an Enhanced / Premium / Platinum Service is not renewed, then, on reaching the expiry date, the care provider(s) must dispose of all review cards and cease to make them available for use.
Photos and logos should be supplied in JPEG format.
Tomorrow’s Guides reserves the right at any time to change the format of an Enhanced / Premium / Platinum Service, including, but not limited to, the ranking algorithm of the listings on the website for each service level.
c) Sponsored Services
The Advertiser’s listing features in the listings on daynurseries.co.uk for a specific category(s). In addition, the Advertiser logo is displayed on the Advertiser’s profile page and the Advertiser has access to services such as press release distribution. Click here for full details of a Sponsored Service.
Photos and logos should be supplied in JPEG format.
Tomorrow’s Guides reserves the right at any time to change the format of a Sponsored Service.
d) Email Newsletter Banner Advertisements
The dimensions of Banner Advertisements on the Email Newsletter are 160x160 pixels, with a maximum size of 100kb. All email newsletter Banner Advertisements should be supplied in JPEG or PNG format. Click here for full details of Email Newsletter Banner Advertisements.
e) Job Postings
e) Jobs Postings
Employers/Recruitment agencies in posting jobs will comply with all applicable local, national and international laws, including but not limited to the General Data Protection Regulations (GDPR) and the Equality Act 2010.
In addition to the content standard outlined above, a job posting must not:
- contain more than one job or job description, more than one location or more than one job category
- be a duplicate of another live job
- contain any web links to other websites
- contain any telephone numbers/emails except in the telephone number/email fields
- name towns, districts, counties that are unrelated to the job
- name companies/organisations that are unrelated to the job
- directly or indirectly require or ask for application or registration fees
- advertise sexual services or seek employees for jobs of a sexual nature
The job description cannot be edited once posted.
Job credits, unless otherwise agreed, will be valid for 1 year.
We cannot guarantee that each job will be posted to our entire job network.
Click here for details of Job Postings.
Duration of agreements
The start date and duration of Features, Banner Advertisements, Enhanced / Premium / Platinum Service, Sponsored Services will be agreed by both Advertiser and Tomorrow’s Guides and to be confirmed via email correspondence between Tomorrow’s Guides and Advertiser. The duration of the agreement will be for 1 year unless otherwise agreed, except for Banner Advertisements on the Email Newsletter, which have a duration of 1 month unless otherwise agreed. Job Postings go live as soon as they are posted and then are displayed for 30 days.
Without limiting its other rights or remedies, Tomorrow's Guides may terminate these terms at any time by giving to the Advertiser no less than one (1) months' prior written notice. On termination of these terms:
(a) the Advertiser will, where applicable, immediately pay to Tomorrow's Guides any fees that have accrued from the start date of the Advertisements to the date of termination; and
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
Content, display, placement and links
The Advertiser will ensure any Advertisements it wishes Tomorrow’s Guides to use will be delivered to Tomorrow’s Guides in a timely manner and in any event on or before such date as Tomorrow's Guides may notify the Advertiser in writing from time to time and the Advertiser shall be solely responsible for delivering the Advertisements to Tomorrow's Guides.
Where Tomorrow’s Guides considers an Advertisement to be unsuitable or contrary to these terms, it may, without any liability to the Advertiser, reject, remove or require any Advertisement (or part of it) to be amended.
The Advertiser represents, warrants and undertakes to Tomorrow’s Guides that:
(a) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(b) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(c) the Advertisements are legal, decent, honest and truthful, and comply with all applicable laws, regulations or codes of practice; and
(d) the Advertisements are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights).
Where the Advertiser is an advertising agency or media buyer, the Advertiser further warrants that it is authorised by the advertiser of a product or service to place the Advertisement with Tomorrow’s Guides and the Advertiser will compensate Tomorrow’s Guides for any claim made by such advertiser against Tomorrow’s Guides.
The placement of Banner Advertisements will be agreed in advance in writing by both the Advertiser and Tomorrow’s Guides.
Banner Advertisements will link to the listing page of the Advertiser, unless otherwise agreed. If it is agreed that the Banner Advertisements should link direct to the Advertisers website, the link of the Banner Advertisement will have a no follow attribute and will pass through a gateway page so that Tomorrow’s Guides can track website statistics.
For Enhanced / Premium / Platinum Service and Sponsored Services, the links on the profile pages will have a no follow attribute and will pass through a gateway page so that Tomorrow’s Guides can track website statistics.
Fees and payment
The prices for the Advertisements will be set out in the quotation provided by Tomorrow's Guides, and all prices quoted are exclusive of VAT. Tomorrow’s Guides reserves the right to change the prices at any time. Once an order for an Advertisement has been received the order is non-cancellable and non-refundable.
All Advertisements on our site will be invoiced on date of agreement, unless otherwise agreed.
All invoices are payable within 30 days from the date of invoice and time for payment is of the essence.
Tomorrow’s Guides may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising, as required under these terms.
Without limiting any other right or remedy of Tomorrow’s Guides, if the Advertiser fails to make any payment due to Tomorrow’s Guides under these terms by the due date for payment, Tomorrow’s Guides shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current Bank of England's base rate accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
All fees are non-refundable and will not be pro-rated should Advertiser decide to discontinue the display of an Advertisement.
Projected Placement or Enquiry/Referral Figures
Please note any projected placement or enquiry/referral figures are for guideline purposes only. The actual figures may vary and we cannot guarantee placements or enquiries/referrals.
Notwithstanding the other terms and conditions on Tomorrow’s Guides' site, the Advertiser acknowledges and agrees that Tomorrow's Guides owns the intellectual property rights in all Advertisements written or designed by it, or on its behalf.
The Advertiser grants to Tomorrow’s Guide a non-exclusive, royalty-free, irrevocable licence to:
(a) use the Advertiser’s names, trade marks and/or logos as Tomorrow's Guides may consider reasonably necessary for the purposes of publishing the Advertisements; and
(b) reproduce the Advertisements in any media at any time.
Non Exclusivity
All agreements are non-exclusive, meaning Tomorrow’s Guides may have Advertisements from several parties appearing on its site at the same time.
Service interruptions
Tomorrow’s Guides will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.
Data Protection
Advertisers shall at all times comply with the requirements of the General Data Protection Regulations (GDPR) in respect of any data including data relating to their customers and relatives of their customers used in requesting and obtaining feedback.
Truth in advertising / indemnification for liability
The Advertiser is solely responsible for any liability arising out of or relating to Advertisements (as the case may be) and the use and/or publication of them, and/or any material to which users can link through to. The Advertiser represents and warrants that any information found on URLs hyperlinked from Advertisements will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trade mark, trade secret, image or other proprietary or confidential information or property right, false advertising, unfair competition, defamation, invasion of privacy or rights, violation of any anti discrimination law or regulation, or any other right of any person or entity.
The Advertiser agrees to indemnify Tomorrow’s Guides and to hold Tomorrow’s Guides, and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by Tomorrow’s Guides, arising out of or related to the Advertiser’s breach of any representations and warranties in these terms.
Limitation of liability
Tomorrow's Guides' liability for losses suffered by the Advertiser as a result of a breach of these terms by Tomorrow’s Guides is strictly limited to the price paid for the Advertisements.
Tomorrow’s Guides’ liability for losses suffered by the Advertiser as a result of a breach of these terms by Tomorrow’s Guides is strictly limited to liability in respect of claims brought within one year of the date of the invoice for the Advertisement.
To the fullest extent permitted by law, Tomorrow’s Guides expressly excludes any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or an Advertisement, and also excludes, without limitation, any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect Tomorrow’s Guides’ liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Severability
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Governing law
Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement.
Duration of Agreement & CV Search Format
The start date and duration of the CV Search will be agreed by both Tomorrow’s Guides (publishers of daynurseries.co.uk) and the Employer/Recruitment Agency and be confirmed via email correspondence between Tomorrow’s Guides and the Employer/Recruitment Agency. The duration of the agreement will be for 1 year unless otherwise agreed.
Tomorrow’s Guides reserves the right at any time to change the format of the CV Search.
Use of the CV Search
Employers/Recruitment agencies in using the CV Search will comply with all applicable local, national and international laws, including but not limited to the General Data Protection Regulations (GDPR) and the Equality Act 2010.
The CV search can only be used for recruitment purposes.
The daynurseries.co.uk CV Search shall not be used:
- for any purpose other than as an employer/recruitment agency seeking employees
- to market or direct sell to candidates
- to source candidates or to contact job seekers in regards to career fairs
- to contact job seekers in regard to jobs of a sexual nature
You agree not to further disclose any of the data to any third party unless you are a recruitment agency using the CV database explicitly for employment purposes.
You shall take appropriate measures to protect the data you obtain from the daynurseries.co.uk CV database.
You agree not to share log in details/access to the CV Search with any third party.
You agree not to use any automated computer program to search for and/or download information on candidates.
The number of CV downloads is subject to a ‘CV Download Quota’ of 100 per day per user. Thislimit may be amended at daynurseries.co.uk’s sole discretion from time to time. The following count as a 'CV Download':
(i) downloading a candidate's CV from the Website onto any computer device such as a PC, phone or tablet computer;
(ii) viewing a candidate's contact details on the candidate profile page (viewing a candidate's profile will not be considered as a CV Download);
(iii) a CV attachment received as part of an email alert or emailed to self from website;
(iv) sending a message to a candidate via the website.
Breaching any of the above, will result in the removal of your account without further notice.
Fees & Payment
The prices for the CV Search will be set out in the quotation provided by Tomorrow's Guides, and all prices quoted are exclusive of VAT. Tomorrow’s Guides reserves the right to change the prices at any time. Once an order for a CV Search has been received the order is non-cancellable and non-refundable.
Tomorrow's Guides shall invoice the subscriber to the CV Search in advance (unless otherwise agreed).
Tomorrow’s Guides may suspend without further notice access to an account for any subscriber who has not paid any sums due for the CV Search subscription.
Without limiting any other right or remedy of Tomorrow’s Guides, if the subscriber fails to make any payment due to Tomorrow’s Guides under these terms by the due date for payment, Tomorrow’s Guides shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current Bank of England's base rate accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
All fees are non-refundable and will not be pro-rated should the subscriber decide to discontinue using the CV Search.
Service interruptions
Tomorrow’s Guides will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of using the CV Search, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.
Indemnification for liability
The subscriber to the CV Search is solely responsible for any liability arising out of or relating to use of the CV Search.
The the Employer/Recruitment Agency agrees to indemnify Tomorrow’s Guides and to hold Tomorrow’s Guides, and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by Tomorrow’s Guides, arising out of or related to the Employer/Recruitment Agency’s breach of any representations and warranties in these terms.
Limitation of liability
Tomorrow's Guides' liability for losses suffered by the Employer/Recruitment Agency as a result of a breach of these terms by Tomorrow’s Guides is strictly limited to the price paid for the CV Search subscription.
Tomorrow’s Guides’ liability for losses suffered by the Employer/Recruitment Agency as a result of a breach of these terms by Tomorrow’s Guides is strictly limited to liability in respect of claims brought within one year of the date of the invoice for the CV Search.
To the fullest extent permitted by law, Tomorrow’s Guides expressly excludes any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or use of the CV Search, and also excludes, without limitation, any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect Tomorrow’s Guides’ liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Severability
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Governing law
Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement.
The Review Widget refers to the daynurseries.co.uk Review Widgets
By installing the daynurseries.co.uk Review Widget and using it to display daynurseries.co.uk content you agree to the terms set out below.
Daynurseries.co.uk grants you a non-exclusive licence to use the Review Widget to display the daynurseries.co.uk content only. All rights including intellectual property rights in the Review Widget and daynurseries.co.uk content remain the property of daynurseries.co.uk.
You may not directly or indirectly attempt to re-sell, redistribute, syndicate or otherwise commercialise the Review Widget or its content in any way.
You will not cause, permit or authorize any modification of the daynurseries.co.uk Review Widget, which includes separation into component parts or creation of derivative works.
With the exception of links, you may not directly or indirectly change, edit, add to, copy or extract content from or produce summaries of the daynurseries.co.uk Review Widget or any content on daynurseries.co.uk. In particular, you will not display any daynurseries.co.uk ratings or reviews on your website outside of the daynurseries.co.uk Review Widget.
The Review Widget and daynurseries.co.uk content is made available on an "as is" and "as available" basis. Should you download, install and use the Review Widget and access the daynurseries.co.uk content, it is at your own discretion and risk.
Daynurseries.co.uk has absolute editorial control over the Review Widgets and daynurseries.co.uk content, which daynurseries.co.uk may modify, in whole or in part, at any time without prior notice.
Daynurseries.co.uk does not warrant that the Review Widget is free from inaccuracies, errors, viruses or defects.
You may not directly or indirectly suggest any endorsement or approval by daynurseries.co.uk of your website, product or content or any views expressed within your website or service.
The Review Widget is designed to be used in conjunction with the daynurseries.co.uk website. Accordingly, use of the widget is also governed by the daynurseries.co.uk website's Terms & Conditions.
You acknowledge that it is a best practice for your website to have a privacy policy in place and such privacy policy should permit the use of end users' information in accordance with this agreement, and comply with any applicable laws and regulations.
To the extent permitted by law, daynurseries.co.uk gives no warranty of any kind (implied, statutory or otherwise) in relation to the Review Widget, daynurseries.co.uk content or the daynurseries.co.uk website and daynurseries.co.uk shall not be liable for any loss or damage arising form or connected to the Review Widget or daynurseries.co.uk content.
You are advised to take all reasonable precautions to protect your computer from virus infection.
Daynurseries.co.uk may change or remove the daynurseries.co.uk content at its sole discretion and may block use of the Review Widget if you breach these terms.
You may terminate this agreement and the license granted herein at any time by removing all copies of the Review Widget from your site, all hard drives, networks and other storage media.
Daynurseries.co.uk may restrict, suspend or terminate the Review Widget, this agreement, the license granted herein or your access to any Review Widget or daynurseries.co.uk website at any time with or without reason. You agree to remove all copies of the Review Widget in use upon receiving notice of termination from daynurseries.co.uk.
These terms shall be interpreted in accordance with the laws of England and subject to the exclusive jurisdiction of the English Courts.
In the event you receive any enquiries which relate to daynurseries.co.uk or the Review Widget, please contact us promptly at info@daynurseries.co.uk.
1. Entrants into the Prize Draw shall be deemed to have accepted these Terms and Conditions.
2. Employees or agencies of Tomorrow’s Guides ("TG") or their family members, or anyone else connected with the Prize Draw are not eligible to win.
3. The prize draw is open to people aged 18 and over and resident in the UK who provide their email address.
4. To enter the Prize Draw you must follow the rules of the promotion and submit your email address. No purchase is necessary.
5. Only one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
6. TG accepts no responsibility for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of the entry is not proof of receipt by TG.
7. The closing date of the Prize Draw is stated at the end of the promotion. Entries received after this time will not be considered.
8. One winner will be chosen from a random draw of entries received in accordance with these Terms and Conditions. The draw will be performed by a random process and will take place one working day after the closing date.
9. The winner will receive a prize stated on the promotion.
10. The winner will be notified by email within 5 working days of the closing date and must provide a postal address to claim their prize. If a winner does not respond to TG within 14 days of being notified, then the winner's prize will be forfeited and TG shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 14 days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winner's prize will be forfeited and Tomorrow’s Guides shall be entitled to select another winner.
11. TG will contact the winner of the prize to arrange the most efficient distribution method.
12. After the draw takes place, the name and town/city/county of the winner may be announced on any or all of the following: daynureries.co.uk social media, the daynureries.co.uk newsletter, the daynureries.co.uk website.
13. The prize is non-exchangeable, non-transferable, and is not redeemable for any other prizes.
14. TG retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available.
15. TG reserves the right to withdraw this offer or amend these Terms and Conditions at any time without notice. In the event of any dispute regarding the Terms and Conditions, the conduct, results and any other matters relating to this prize draw, the decision of the Promoter shall be final and no correspondence or discussion shall be entered into.
1. Definitions
1.1. In this section; Invite to Review: Data Processing Terms; the following terms shall have the meanings given to them below:
“Data Processing Details” means the details listed in the table at the end of this section;
“Data Protection Legislation” means the EU GDPR and the UK GDPR and all other applicable laws relating to the processing of Personal Data;
“Effective Date” means the date of your Order
“EU GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679) and all other EU laws regulating the processing of Personal Data, as such laws may be updated, amended and superseded from time to time;
“Order” means your order for the Services;
“our Personnel” means our employees and individual sub-contractors;
“Services” means the Invite to Review service to be provided to you under the Order;
"UK GDPR" means the EU GDPR as transposed into UK law (including by the Data Protection Act 2018 and the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019) and all other UK laws regulating the processing of Personal Data, as such laws may be updated, amended and superseded from time to time.
“you” or “your” means the entity placing the Order; and
“your Personal Data” means Personal Data which is Processed on behalf of you as described in further detail in the Data Processing Details;
1.2. “Controller”, “Data Subjects”, “Personal Data”, “Processor” and “Processing/Process” shall have the meanings given to them in the Data Protection Legislation applicable from time to time.
2. Processing
2.1. The subject matter, nature and purpose and duration of the Processing of your Personal Data under the Order is set out in the Data Processing Details.
2.2. You are a Controller and we are a Processor of your Personal Data.
2.3. You instruct us to Process your Personal Data as required to perform the Services in accordance with the Order.
3. Your obligations in relation to Processing of your Personal Data
3.1. You shall comply with all your obligations as a Controller under the Data Protection Legislation in respect of your Personal Data.
3.2. Without prejudice to the generality of Section 3.1, you shall ensure that the Processing of your Personal Data by us in accordance with the Agreement is lawful for the purposes of the Data Protection Legislation.
4. Our obligations in relation to Processing of your Personal Data
4.1. We shall:
4.1.1. Process your Personal Data only pursuant to and in accordance with written instructions from you, which are set out in Clause 2.3 above;
4.1.2. Process your Personal Data only as necessary for the purposes of performing the Services in accordance with the Order;
4.1.3. Process your Personal Data in compliance with all its obligations as a Processor under applicable Data Protection Legislation;
4.2. We shall not transfer any your Personal Data to any place outside the UK unless and until the following conditions are fulfilled:
4.2.1. we take all steps necessary to ensure that at least one of the conditions required by the Data Protection Laws for transfers of personal data outside the UK (a “transfer mechanism”) is complied with in respect of such transfer; and
4.2.2. we provide you with written evidence of such transfer mechanism(s) upon request;
4.3. We shall:
4.3.1. ensure that access to your Personal Data is limited to our Personnel who have a reasonable need to access your Personal Data to enable us to perform our obligations under the Order and is limited to such part or parts of your Personal Data as are strictly necessary;
4.3.2. take reasonable steps to ensure the reliability of any of our Personnel who have access to your Personal Data including without limitation ensuring that all our relevant Personnel are informed of the confidential nature of your Personal Data and agree to treat it as confidential information, have undertaken training in the laws relating to handling Personal Data, and are aware of our duties in respect of your Personal Data;
4.3.3. have in place appropriate security measures (both technical and organisational) which comply with the security requirements of the Data Protection Legislation applicable from time to time;
4.3.4. not engage any third party to process your Personal Data without your prior specific or general written authorisation. Any third party providers listed in the Data Processing Details shall be deemed to have been authorised by you. You also now generally authorises us to engage third parties to process your Personal Data in connection with the Services; in the case of a general written authorisation, we shall inform you at least 14 days in advance of any intended changes concerning the addition or replacement of any third party subcontractor, and if you object to any such changes before their implementation, then the parties will discuss the objection and attempt to agree a mutually acceptable resolution in good faith;
4.3.5. ensure that where we engage a subcontractor to Process any of your Personal Data, this will be subject to a written agreement between us and the sub-contractor that imposes equivalent obligations on the sub-contractor as are imposed on us under these Data Processing Terms;
4.3.6. assist you in responding to requests from Data Subjects relating to the exercise of their rights under Data Protection Legislation in relation to your Personal Data;
4.3.7. provide you with any relevant information necessary to enable you to comply with your obligations under Data Protection Legislation in relation to security, breach notification, data protection impact assessments and prior consultation in relation to your Personal Data. We may charge you at our standard time-based charging rates for any work performed by us at your request pursuant to Clauses 4.3.6 and 4.3.7.
4.4. We shall notify you as soon as practicable:
4.4.1. of any accidental or unlawful loss, alteration, destruction, unauthorised disclosure of, or access to, any of your Personal Data, in which case we shall provide you with any relevant information available to us in order to assist you with its obligations under Data Protection Legislation in relation to the security breach;
4.4.2. if we receive any complaint or regulatory notice which relates to the Processing of any of your Personal Data;
4.4.3. if we receive any request from a Data Subject relating to their rights under the Data Protection Legislation in respect of your Personal Data relating to them; or
4.4.4. if we consider that an instruction from you infringes applicable Data Protection Legislation.
4.5. Upon termination or expiry of the Order, or at the point at which we cease to perform the Services for you, we shall delete and/or return any your Personal Data stored within our systems or otherwise in our possession in accordance with the retention and deletion procedure detailed in the Data Processing Details.
4.6. Notwithstanding anything else in this Section, we may Process your Personal Data otherwise than in accordance with your instructions if and to the extent that it is required, by any applicable law to which we are subject, to Process your Personal Data otherwise than in accordance with your instructions, provided that we inform you of that legal requirement before carrying out such Processing unless prohibited by that law from doing so.
4.7. We shall make available to you all information necessary to demonstrate our compliance with our obligations under this Section, which may (without limitation) be done by making such information available via our website. We shall permit you or a third party auditor appointed by you to carry out audits of our systems and processes for the purpose of verifying our compliance with our obligations under this Section, and to contribute to such audits, provided that:
4.7.1. you give reasonable written notice of any audit to us;
4.7.2. any audit takes place within our normal working hours;
4.7.3. audits take place no more than once a year;
4.7.4. all personnel who carry out the audit sign appropriate confidentiality agreements;
4.7.5. you pay any of our reasonable costs incurred in connection with an audit, unless the audit reveals that we are in breach of our obligations under this Section; and
4.7.6. the personnel shall have no right to direct, and we shall have no obligation to carry out, any act in pursuance of an audit which would be a breach of Data Protection Legislation.
5. Limitations of liability
5.1. Nothing in this Section 5 will limit or exclude any liability for death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation or any other kind of liability that under applicable law cannot be limited or excluded.
5.2. The limitations and exclusions of liability set out in this Section 5:
5.2.1. are subject to Section 5.1;
5.2.2. govern all liabilities arising under these Data Processing Terms or relating to the subject matter of these Data Processing Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Data Processing Terms.
5.3. Subject to Section 5.1, our liability to you under these Data Processing Terms shall be limited to the fees payable by you for the Services.
5.4. We shall have no liability to you for any losses or damages arising as a result of:
5.4.1. you failing to comply with your obligations under this Section;
5.4.2. your breach of Data Protection Legislation; and
5.4.3. us complying with any instruction given by you in relation to the Processing of your Personal Data.
5.5. Neither Party shall be liable to the other Party in respect of any loss of profits, revenue, income, anticipated savings, use or production, business, contracts or opportunities, or any special, indirect or consequential loss or damage.
5.6. Neither Party shall be liable to the other Party in respect of any losses arising out of an event, or a series of related events, that is outside the reasonable control of the Party affected.
6. Changes in Data Protection Legislation
6.1. If any changes or prospective changes to the Data Protection Legislation result or will result in one or both Parties not complying with the Data Protection Legislation in relation to Processing of your Personal Data carried out under the Order, then the Parties shall use their best endeavours promptly to agree such variations to these Data Processing Terms and/or the Order as may be necessary to remedy such non-compliance.
DATA PROCESSING DETAILS
Subject matter of Processing: your Personal Data is Processed by us in connection with providing the Services to you pursuant to the Order.
Nature of Processing: The Processing of your Personal Data will be a substantial, necessary and integral part of the performance of the Services.
Purpose of Processing: Provision of the Services.
Duration of Processing: The Processing will take place during the term of the Order.
Categories of Data Subjects: Parents/Individuals Responsible for a Child.
Types of Personal Data that may be Processed: The types of Personal Data may include name, contact details (including phone number and email), IP address and other online identifiers and connection to the provider.
Approved sub-Processors: We use the following organisations as third party sub-processors: Microsoft Azure (server hosting), BackupVault (database back up) and SendGrid (email provider).
Retention & Deletion Process:
- We will retain the email address for 12 months from date of sending the invite to review email so that as part of the service we can report on where a review has been made and also prevent the people being emailed more than once in a 3 month period
- If an email that has been uploaded is not used after 2 days, we will automatically delete the email
- After 12 months from date of sending the invite to review email, we delete the email address, unless the email address has an opt out. We will keep this suppression list for 6 years from date of opt out to prevent a further email being sent
- You can request for an email address to be deleted at any time
- If we receive a request for erasure, we will opt them out of the email and inform the person that they need to make the request for erasure to you as you are the data controller. It is your obligation to ensure that you do not provide us with their details again.
These API Terms of Use set out our and your respective rights and obligations relating to the use of our APIs. Please read these API Terms of Use carefully. By using the API, you agree to be bound by these API Terms of Use. If you do not agree to these API Terms of Use you must not use our API.
In these API Terms of Use, We, Our, Ourselves, Us or API Licensor means Tomorrow’s Guides Limited (a company incorporated in England and Wales under number 02889550 whose registered office is at Unit 1 Station Yard, Station Road, Hungerford, Berkshire, RG17 0DY) and You, Your or API Licensee means you (and if you are using the API on behalf of a legal person, business or other organisation (Organisation) includes you and also such Organisation).
By using Our APIs on behalf of any Organisation, You represent and warrant that You have all necessary capacity and authority to enter into these API Terms of Use on behalf of such Organisation as a legally binding contract between such Organisation and Us in all applicable jurisdictions and that the Organisation enters into such contract.
We may update these API Terms of Use and any other documents referred to in them from time to time by updating this page. Such updates shall take effect once posted. Please check this page regularly for details of updates. If You do not agree to any such update You should stop using the APIs and API Data.
Our APIs
Our application programming interfaces (APIs) can be accessed in the control panel/support centre, and includes any documents (electronic or otherwise) that come with the APIs. Our APIs are intended to be used as an interface between: (a) Our website, comprising Our relevant services, including reviews features, enquiries features, jobs boards and any other features or content offered or operated by Us from time to time whether accessed via the internet, mobile device or other electronic device (Platform); and (b) the applications or services provided by You through Your website or platform or your other applications, software or cloud services (Application).
As part of use of the APIs, You may access or otherwise use certain content, images, photographs, illustrations, icons, texts, video, audio, written materials, software or other content, materials or data made available from Our Platform via the APIs (API Data).
If these API Terms of Use do not specifically say that You can do something in connection with the APIs, the API Data or the Platform, then You cannot.
Access to the APIs
You agree to access each API only using the API key that We give You; to keep Your API keys secure and that You are responsible for any use of the APIs using Your keys.
Our Enquiry API and our Review API is only available to subscribers to our Platinum Services on our Platform.
Our Jobs API is only available to subscribers to our Enhanced, Premium or Platinum Services on our Platform.
How You may and may not use the APIs
You must ensure that Your use of the APIs complies with:
these API Terms of Use and all documentation relating to the APIs and/or Platform provided or made available by Us to You (Documentation) (as updated from time to time);
• any terms applicable to the Platform;
• any other terms agreed between Us and You; and
• all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant jurisdiction, government or regulatory agency or other regulatory body.
You must not use the APIs to send spam or to interfere with or degrade Our services in any way.
You must also not use the APIs for any unlawful purpose or activity whatsoever, including fraud or terrorism, or to promote any unlawful act, or in any way which:
• makes any private information on the Platform publicly available on the Application;
• causes or is intended to cause annoyance, inconvenience or needless anxiety;
• is abusive, harmful, threatening or defamatory or may otherwise cause offence (including uploading any material that contains a virus or other malicious code);
• does or could potentially breach a legal duty to anyone else (including a duty of confidentiality) or infringe a person’s right to privacy;
• promotes discrimination or is likely to incite hatred; or
• may infringe the intellectual property rights (eg copyright, trade marks, service marks, patents, database rights, know-how, design rights, domain names, know-how and rights in software (registered or not)) or any other rights of anyone (including Ours).
You must also not:
• distribute, license, sell, rent, lease or otherwise deal in or encumber (like a guarantee, mortgage or security interest, for example) the APIs;
• modify, add to, or otherwise enhance the APIs;
• except as strictly necessary for You to integrate Our APIs with Your Application in a manner (and for such purposes) that comply at all times with these API Terms of Use, copy or decompile the API and shall not observe, study or test the functioning of the APIs (or any part of it), but only so far as the same cannot be restricted by law;
• infringe or copy Our code or content or the design of Our Platform, the APIs and any of Our other intellectual property rights;
• use the Review API to display Reviews on public facing websites or other apps (this can only be done through use of our Review Widget in accordance with the Review Widget Terms and Conditions).
Licences to use the APIs and API Data
We grant You a non-exclusive, revocable and non-transferable licence, to use the APIs for Your business purposes and subject to the restrictions on use in these API Terms of Use.
The APIs licensed under these API Terms of Use shall include any error corrections, patches, fixes, updates, upgrades, new releases or new versions subsequently received (if any) of the APIs. If the APIs licensed under these API Terms of Use includes a licence to error corrections, patches, fixes, updates, upgrades, new releases or new versions subsequently released by Us (Releases), You will implement and use such Releases as soon as possible and in any event in the time period specified by Us. We shall not be liable for any losses or claims arising out of or in connection with Your use of any prior iterations of the APIs after We make available any Releases to You.
We grant You a non-exclusive, revocable and non-transferable licence, to download, copy, display, view and use the API Data for Your business purposes, provided that You shall not:
• create permanent copies of the API Data;
• remove, alter, or cover up any trade mark, service mark, copyright and other proprietary notices contained in the API Data;
• without Our prior written consent, make derivative works of, or commercially distribute or otherwise exploit the API Data, or use the Platform or any API Data in a way that inaccurately suggests an association between You and Us or Our licensors; or
• otherwise use or exploit the API Data in any way for any purpose except as specifically permitted by these API Terms of Use or the Documentation.
Subject to the remainder of this paragraph, You may sublicense Your licence to download, copy, display, view and use the API Data to a third party review management business. Such sublicence shall be non-sublicensable and shall automatically terminate upon termination or expiry of your right to use the API and the API Data but otherwise shall be on the same terms as Our licence to You. You shall remain responsible to Us for the third party’s compliance with the sublicence and should the third party breach the terms of the sublicence, You acknowledge that we may terminate your right to use the APIs and the API Data and You agree that You will cooperate with us in taking any action against the third party that we deem appropriate in response to their breach of their sublicence. Apart from as set out in this paragraph, the licences granted in these API terms are non-sublicensable.
You accept that the API Data may contain third party intellectual property rights and You shall ensure that Your use of such API Data does not infringe those rights.
Except for Your right to use the API, Platform and API Data as specifically granted in these API Terms of Use, all intellectual property rights in and to the API, Platform and API Data are Ours and remain Ours (or Our licensors’).
If You acquire any intellectual property rights in the APIs, Platform or any API Data, You shall transfer these rights (both existing and future) with full title guarantee to Us or anyone else We nominate (or You will make this happen immediately). You shall sign all documentation and do such things as We think necessary to transfer those rights.
You accept and understand that the APIs and API Data contain confidential and proprietary information and You shall not conceal, modify, remove, destroy or alter in any way any of Our proprietary markings on or in the APIs, API Data or any related materials and documentation.
All API Data displayed by You shall be attributed to Us and Our Platform. For clarification purposes, You agree to not display API Data in a widget on Your Application (apart from through Our Review Widget). Furthermore, You agree to not make API Data available via API or other means to any third party for the purpose of the third party using API Data on their own website/apps or any other public facing interface or for the purpose of the third party benefitting commercially from the API Data.
Data protection
You and We shall at all times comply with our respective obligations under applicable data protection laws.
API Licensor’s rights
We have the right at any time to access Your API account and to monitor Your use of Your API account to ensure You are complying with these API Terms of Use.
Our Marks
All trade marks, logos and service marks (the Marks) which appear on the Platform or APIs are Our registered and unregistered Marks or are licensed for use by Us by the owners of those Marks.
Other Marks are proprietary marks and are registered to their respective owners.
Nothing contained on the Platform or APIs should be construed as granting any licence or right to use any Marks displayed on the Platform or APIs without Our written permission.
Misuse of any Mark displayed on the Platform or the APIs, or any other content on the Platform, except as provided herein, is strictly prohibited.
Confidentiality
You shall keep Our confidential information confidential. This includes all information (of any kind and in any format and coming into Your knowledge, possession or control in any way) relating to Our business, finance or technology, know-how, intellectual property rights, assets, strategy, products and other customers, where the information is identified as confidential at the time of disclosure or ought reasonably to be considered confidential given its nature or how it was disclosed (Confidential Information).
You shall only use Our Confidential Information to use the APIs, and will give Us notice of any unauthorised misuse, disclosure, theft or loss of Our Confidential Information immediately upon becoming aware of this.
You shall not without Our prior written consent use, disclose, copy or modify Our Confidential Information (or permit others to do so) other than as is strictly necessary for You to be able to do what You are permitted and/or required to do under these API Terms of Use.
You may disclose Our Confidential Information to Your officers, employees, agents, professional advisers and contractors (and permit them to use, copy or modify Our Confidential Information) as is strictly necessary for You to be able to do what You are permitted and/or required to do under these API Terms of Use. Where disclosure to Your officers, employees, agents, professional advisers and contractors is necessary, You shall ensure such persons are made aware of and agree in writing to observe these same confidentiality obligations and at all times comply with them.
You may disclose Our Confidential Information as required by law. In the event that You become legally compelled to disclose any of the Confidential Information, then (to the extent permitted by law) You shall give Us prompt written notice of the fact so that We may take such steps to prevent such disclosure as We deem appropriate and You shall co-operate with Us in such manner as We may reasonably require.
Warranties and disclaimers
You warrant and represent that:
• You hold all rights and have obtained all licences required to use the API Data;
• Your use of the APIs will not infringe Our rights or anyone else’s, nor will it breach any applicable laws or regulations.
To the maximum extent permitted by applicable law, You accept that the APIs are provided on an ‘AS IS’ basis and that:
• the APIs may not be free of bugs or errors and that the existence of bugs or errors shall not constitute a breach of these API Terms of Use;
• You remain responsible for Your own hardware, content and any other data uploaded through the APIs;
• We accept no responsibility for any liability that arises in connection with anyone else unlawfully obtaining access to Your API account in order to abuse the nature and intent of the APIs; and
• We accept no responsibility for any liability that arises in connection with the theft of Your username or password by unauthorised third parties.
We do not warrant that the APIs shall be uninterrupted or error free; or compatible with third party software or equipment except to the extent specifically and expressly stated in the Documentation.
Any warranties that We make (and We are not saying that We are, unless We have to by applicable law) depend on You using the APIs in compliance with these API Terms of Use and the latest versions of all Documentation.
We shall not be liable, nor be required to fix, any problem arising from:
any modification made to any part of the APIs by anyone other than Us without Our express prior written consent; or
any defect or error wholly caused by any equipment or third party software used in connection with the APIs.
Subject to what it specifically says in these API Terms of Use and to the maximum extent permitted by applicable law, We and Our suppliers:
• make no other warranties and do not agree to any other terms and conditions (express, implied or statutory) in relation to the APIs, the API Data and the Platform or about results to be obtained from using the APIs, the API Data or the Platform; and
• shall not be liable for any loss or damage arising out of any virus or other malicious code.
Liability
Given that We are allowing You access to the APIs, We exclude and/or limit Our liability to the maximum possible extent that We are permitted to under applicable law.
And We shall not be liable to You for any loss of profits, business, contracts, anticipated savings, goodwill, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these are direct, indirect or consequential), or any indirect or consequential loss or damage whatsoever, arising under or in connection with these API Terms of Use, even if We were aware of the possibility that such loss or damage might be incurred by You.
Except that We do not exclude or limit any liability to the extent the same cannot be excluded or limited by law (such as fraud, fraudulent misrepresentation, or personal injury resulting from Our or Our employees’ negligence).
Other than as expressly stated, the limitations and exclusions of liability above apply to all losses, damages, liabilities and claims howsoever arising, including in negligence or otherwise.
Indemnification
You agree to indemnify Us against all losses or damage We may suffer related to:
• the Application infringing the intellectual property rights of anyone (including Us); and
• any misuse of the APIs or API Data, including any claim Your use of the API Data infringes the intellectual property rights or privacy rights of anyone else.
Updates to the APIs
We may make changes to the APIs at any time and for any reason. The updated APIs and any corresponding updates to related documentation can be accessed in the control panel/support centre. If any change We make is not acceptable to You, stop using the APIs. Your continued use of the APIs means that You accept the change to the APIs.
Termination
If You breach these API Terms of Use, Your rights to use the APIs and the API Data will automatically terminate, and We can shut down or restrict Your access to the APIs, the API Data and/or Your API integration.
Otherwise, the licences granted by Us under these API Terms of Use will continue until: We terminate Your use (which we may do at any time for any reason upon 5 working day’ notice); You stop using the APIs, the API Data and the Platform; or (for the Enquiry and Review API) You no longer subscribe to the Platinum Services on our Platform; or (for the Jobs API) You no longer subscribe to Enhanced, Premium or Platinum Services on our Platform.
In the event that any of the licences granted by Us under these API Terms of Use terminate for any reason, You shall promptly permanently delete and destroy all copies of the APIs and/or API Data in Your possession or control.
Your obligations relating to the APIs, API Data, data protection, security and confidentiality and the indemnities and licences granted by You and the limitations and exclusions of liability set out in these API Terms of Use and any other provisions expressed or implied to survive will continue even after any licences (and/or these API Terms of Use) have otherwise ended for any reason.
Other
Nothing in these API Terms of Use shall (except as expressly provided) be deemed to constitute a partnership, or create a relationship of principal and agent between You and Us for any purpose.
Governing law and jurisdiction
These API Terms of Use and any dispute or claim arising out of, or in connection with, these API Terms of Use, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales; and subject to the exclusive jurisdiction of the courts of England and Wales.