Definitions and Interpretation
“Content” means any and all text, images, audio, video, scripts, code, and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; and
“We/Us/Our” means New Driver Programme Ltd, a company registered in England and Wales under number 09981078, whose registered office address is First Floor, 85 Great Portland Street, London, England, W1W 7LT.
Access to Our Site
Access to our Site is free of charge. Access is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period.
Content on the Website is provided solely for your information. The Content does not provide you with any advice or recommendation of any kind and must never be used as a substitute for, nor does it replace, professional medical advice, diagnosis, assistance or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider based on what you have read on the Website.
Intellectual Property Rights
All Content included on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable intellectual property laws.
Subject to clause 3.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our Site unless we give you express written permission to do so.
Access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app);
Download our Site (or any part of it) for caching;
Print pages from our Site;
Download extracts from pages on our Site; and
Save pages from our Site for later and/or offline viewing.
You must always acknowledge our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate).
You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of our Site for general information purposes, whether by business users or consumers.
Links to Our Site
You may link to our Site provided that:
You do so in a fair and legal manner;
You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
You do not use any logos or trade marks displayed on our Site without our express written permission; and
You do not do so in a way that is intended to damage our reputation or to take unfair advantage of it.
Framing or embedding of our Site on other websites is not permitted without our express written permission.
You may not link to our Site from any other site, the main content of which contains material that:
is obscene, deliberately offensive, hateful or otherwise inflammatory;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory towards, any person or group of people;
is intended or is otherwise likely to threaten, harass, annoy, inconvenience, upset or embarrass another person;
is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
The restrictions in clause 4.3 do not apply to content submitted to sites by other users, provided that the primary purpose of the site meets with the provisions of clause 4.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
Sharing of Accounts is not permitted unless we expressly authorise this in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. We also recommend the password you choose is strong and secure, containing a combination of letters, numbers and symbols, and is changed regularly.
When using our Website, creating an Account or publishing information, you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, vulgar, obscene, threatening, harassing, defamatory or discriminatory. Any failure to comply with this clause could result in the suspension and/or deletion of your Account. Further information and restrictions on the use of our Website is detailed in the policies available on the Website.
Links to Other Sites Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Nothing on our Site constitutes advice on which you should rely. It is provided for general information purposes only.
Insofar as is permitted by law, we make no representation, warranty or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
We make reasonable efforts to ensure that the Content on our Site is complete, accurate and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that this will be the case.
Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware.
You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
You must not deliberately introduce viruses, malware or any other material which is malicious or technologically harmful either to or via our Site.
You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer or database connected to our Site.
By breaching the provisions of clauses 8.3 and 8.4, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach.
Acceptable Usage Policy
You may only use our Site in a manner that is lawful. Specifically:
you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
you must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
you must not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
suspend, whether temporarily or permanently, your right to access our Site;
issue you with a written warning;
take legal proceedings against you for reimbursement of any and all relevant costs incurred as a result of your breach;
take further legal action against you as appropriate;
disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
any other actions which we deem reasonably appropriate (and lawful).
To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.
To the fullest extent permissible by law, we exclude all representations, warranties and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site.
If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, legal restrictions or censorship.
If you are a consumer visiting our Site, please contact your local Citizens’ Advice Bureau or Trading Standards Office for full details of your legal rights, including those relating to digital content.
Privacy and Cookies
To contact us, please email us at email@example.com.
Law and Jurisdiction
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
We at TestBuddy understand that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of our Clients and everyone else who visits this website, testbuddy.app (“our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with our obligations and your rights under the law.
The procedures and principles set out in this Notice will be followed at all times by us as a company, as well as our employees, sub-contractors or other parties working on our behalf.
Please read this Privacy Notice carefully and ensure that you understand it. You are deemed to have accepted our Privacy Notice when you first use our Site. If you do not accept and agree with this Privacy Notice, you must stop using our Site immediately.
Definitions and Interpretation
In this Notice, the following terms have the following meanings:
“Client” means any individual, firm or corporate body to which we provide our services;
“Cookie” means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features of our Site. Details of the Cookies used by our Site are set out in section 11, below;
“Data Protection Laws” means the General Data Protection Regulation 2016/679 (“GDPR”) and Data Protection Act 2018;
“Personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us by becoming a Client of ours or by visiting our Site. This definition shall, where applicable, incorporate the definitions provided in the applicable Data Protection Laws; and
“We/Us/Our” means New Driver Programme, a company registered in England and Wales under number 09981078, whose registered office is at 85 Great Portland Street, First Floor, London, England, W1W 7LT.
What Does This Notice Cover?
This Privacy Notice applies to our use of personal data collected when you become a Client of ours, when you enquire about our services or when you visit our Site, you may choose to upload further personally identifying data through your use of the Site in comments and messaging, however this shall be at your own discretion.
Our Site may contain links to other websites, including social media links. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
As a data subject, you have the following rights under the applicable Data Protection Laws, which this Notice and our use of personal data have been designed to uphold:
The right to be informed about our collection and use of personal data;
The right of access to the personal data we hold about you (see section 10);
The right to rectification if any personal data we hold about you is inaccurate or incomplete (please contact us using the details in section 12);
The right to be forgotten – i.e. the right to ask us to delete any personal data we hold about you (we only hold your personal data for a limited time, as explained in section 5 but if you would like us to delete it sooner, please contact us using the details in section 12);
The right to restrict (i.e. prevent) the processing of your personal data;
The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
The right to object to us using your personal data for particular purposes; and
Rights with respect to automated decision making and profiling.
If you have any cause for complaint about our use of your personal data, please contact us using the details provided in section 12 and we will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens’ Advice Bureau.
What Data Do We Collect and How Do We Use Your Data?
We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, last name, title, username or similar identifier.
Contact Data includes billing address, site address, email address, and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you, and other details of services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.
Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our Site and services, including but not limited to comments and messages on the Site.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, and your communication preferences.
All personal data is processed and stored securely, for no longer than is necessary or statutorily required in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the applicable Data Protection Laws at all times. For more details on security see section 5, below.
Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
Type of Data
Lawful basis for processing including basis of legitimate interest
To commence working with you as a new or returning client
Performance of a contract with you
To deliver our services to you, including:
(a) Managing payments
(b) Collecting and recovering money owed to us
Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you, which will include:
(a) Notifying you about changes to our terms or website policies
(b) Asking you to leave a review or take a survey
Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how clients use our services)
To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
Marketing and Communications
Necessary for our legitimate interests (to study how clients use our services, to develop our services, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Site, services, marketing, client relationships and experiences
Necessary for our legitimate interests (to define types of clients for our services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about services that may be of interest to you
Marketing and Communications
Necessary for our legitimate interests (to develop our services and grow our business)
With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the applicable Data Protection Laws and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
Third parties whose content appears on our Site may use third party Cookies, as detailed below in section 11. Please refer to section 11 for more information on controlling Cookies. Please note that we do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it. Unless we have reasonable grounds to refuse to delete it (where this is permitted under the applicable Data Protection Laws), we will do so without delay and within no longer than one month from receiving your request.
We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
How and Where Do We Store Your Data?
We only keep your Personal Data for as long as we need to in order to use it as described above in section 4, and/or for as long as we have your permission to keep it.
We will only store your data in the UK, however, third party processors we use may store data elsewhere, as set out in section 6.
Data security is very important to us and to protect your data, we have taken suitable measures to safeguard and secure data collected.
Do We Share Your Data?
We may sometimes contract with other third parties to supply services to you on our behalf, such as sub-contractors, and in some cases, these third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law.
We may compile statistics about the use of our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where we transfer any personal data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the applicable Data Protection Laws.
In certain circumstances, we may be legally required to share certain data held by us, which may include your personal data, for example, where we are involved in legal proceedings, where we are complying with legal requirements, a court order, or a governmental authority.
What Happens If Our Business Changes Hands?
We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any personal data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Notice, be permitted to use that data only for the same purposes for which it was originally collected by us.
In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
How Can You Control Your Data?
In addition to your rights under the applicable Data Protection Laws, set out in section 3, when you submit personal data to us via email or via our Site, you may be given options to restrict our use of your data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details).
You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
Your Right to Withhold Information
You may access certain areas of our Site without providing any data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
How Can You Access Your Data? You have the right to ask for a copy of any of your personal data held by us (where such data is held). Please contact us for more details using the contact details below in section 12.
All Cookies used by and on our Site are used in accordance with current Cookie law.
We may place and access the following first party and third-party Cookies on your computer or device, to facilitate and improve your experience of our Site and to provide and improve our services:
Description & purpose
First party Cookies are those placed directly by us and are used only by us. Third party Cookies are those placed by websites, services, and/or parties other than us. These Cookies are not integral to the functioning of our Site and your use and experience of our Site will not be impaired by refusing consent to them.
Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of our Site may not function fully or as intended.
Certain features of our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are also shown above. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed in clause 10.2, but please be aware that our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access our Site more quickly and efficiently.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
If you have any questions about our Site or this Privacy Notice, please contact us by email at firstname.lastname@example.org. Please ensure that your query is clear, particularly if it is a request for information about the data we hold about you (as under section 10, above).
Changes to Our Privacy Notice
We may change this Privacy Notice from time to time (for example, if the law changes). Any changes will be immediately posted on our Site and you will be deemed to have accepted the terms of the Privacy Notice on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.