HOOPLA HR LIMITED ("We") are committed to protecting and respecting your privacy.
This policy (together with our terms and conditions for use of our services and any other documents referred to in this policy) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.hoopla-hr.co.uk you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform. This information may be used to monitor your usage of the Website;
We may receive information about you if you use any of the services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
when necessary to pass your personal information to other companies within the European Economic Area (“EEA”) for administrative purposes. We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use the Website and issuing our e-mails. Third parties are not allowed to use your personal information for their own purposes; and
to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you. We will use this information:
to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive features of our service, when you choose to do so;
as part of our efforts to keep our site safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
Analytics and search engine providers that assist us in the improvement and optimisation of our site.
Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If hoopla hr or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply and other agreements; or to protect the rights, property, or safety of hoopla hr, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Charges: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 15.7.
Content: has the meaning set out in clause 4.1(e).
Contract: the contract between hoopla hr and the Client for the supply of Services in accordance with these Conditions.
Client: the corporate entity or organisation ordering the Services as detailed in the order form.
hoopla hr: Hoopla HR Limited registered in England and Wales with company number 08739294.
hoopla hr System: the modules and other parts of the hoopla hr online system to which the Client is given access pursuant to the Services.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: the Client's order for Services as set out in the Client's online order form submitted to hoopla hr.
Services: the services, including the Content, supplied by hoopla hr to the Client as set out in the Specification.
Specification: the description or specification of the Services selected by the Client as set out in its online Order.
User Guide: the user guide published on the Website setting out the basis on which the Client may access and manage its hoopla hr on-line account as provided pursuant to the Services.
1.2 Construction. In these Conditions, the following rules apply:
3.1 hoopla hr shall supply the Services to the Client in accordance with the Specification in all material respects.
3.1 hoopla hr shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and hoopla hr shall notify the Client in any such event.
3.3 Pursuant to the Services the Client shall have access to specified parts of the hoopla hr System via the Website. The Client shall at all times adhere to the terms of the User Guide in relation to its use of the Services and access to the hoopla hr System.
4.1 The Client shall:
(a) ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;
(b) co-operate with hoopla hr in all matters relating to the Services;
(c) provide hoopla hr with such information, materials and access as hoopla hr may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
(d) obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start;
(e) safeguard the content of the hoopla hr system (Content) and not use or disclose any hoopla hr Content other than in accordance with the Services or with hoopla hr’s written instructions or authorisation;
(f) agree not to post, distribute or reproduce in any way any copyright material, trademarks or other restricted information without obtaining the prior consent of hoopla hr;
(g) report to hoopla hr immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by the Client;
(h) notify hoopla hr immediately of any unauthorised use of any password or account or any other known or suspected breach of security;
(i) not continue to use, duplicate or copy in any way hoopla hr Content in the event that this Contract is terminated;
(j) not store or post material on the Website, which contains offensive anatomical or sexual references, or offensive language, nor post any photograph or image containing nudity or personal information. hoopla hr reserves the right, but has no obligation, to reject any text, photograph or other image that does not comply with these prohibitions;
(k) abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with their use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data;
(l) ensure that it and all its representatives adhere to the terms of the User Guide in using the system.
(m) require those employees who are to be appointed HR users of the Client to attend system setup and data protection training provided by hoopla hr if hoopla hr so directs.
4.2 The Client warrants to hoopla hr:
(a) that it is a company registered and based in England and Wales;
(b) that all the information provided by it to hoopla hr from time to time is true and accurate in all respects; and
(c) that it has provided correct billing and contact information to hoopla hr
4.3 If hoopla hr's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation
(a) hoopla hr shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays hoopla hr's performance of any of its obligations;
(b) hoopla hr shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from hoopla hr’s failure or delay to perform any of its obligations as set out in this clause 4.3; and
(c) the Client shall reimburse hoopla hr on written demand for any costs or losses sustained or incurred by hoopla hr arising directly or indirectly from the Client Default.
4.4 Any complaint regarding the Services must be raised in writing within 7 days of occurrence and sent to the hoopla hr address specified on the Website for this purpose.
5. CHARGES AND PAYMENT
6. INTELLECTUAL PROPERTY RIGHTS
If hoopla hr discovers that any inappropriate data is being stored on the hoopla hr System by the Client, hoopla hr shall be entitled to remove the data. In such event hoopla hr will notify the Client of any removal.
The Website links to other websites operated by third parties. hoopla hr does not control these third party websites and is not responsible for their content. The presence on the Website of a link to another website operated by a third party does not imply any endorsement by hoopla hr of that third party or of any products or services advertised, or other information or content featured on that website. Nor does it constitute any assurance by hoopla hr that that website has in place security measures to protect information which the Client may submit online.
The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by hoopla hr, its employees, agents or subcontractors, and any other confidential information concerning the disclosing party's business, its products and services which the receiving party may obtain.
The Client shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the Client's obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The Client may also disclose such of hoopla hr’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 9 shall survive termination of the Contract.
The Client acknowledges that hoopla hr will have access to and will be able to view all data relating to the Client and its employees held on the hoopla hr system. Subject to clause 7 hoopla will not use or edit such data for its own purposes and will not disclose it unless required to do so by law, any governmental or regulatory authority or by a court of competent jurisdiction.
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to clause 10.1
The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
10.4 This clause 10 shall survive termination of the Contract.
Unless terminated early pursuant to the provisions of the Contract, the Contract shall continue for 12 months from the Commencement Date. The Contract shall thereupon continue for subsequent 12 month periods unless either party shall have given at least 60 days’ notice to terminate prior to the end of each 12 month period. The Client may terminate the Contract on 60 days’ notice during a 12 month period but in such event it shall be obliged to pay all subscription fees payable for the remaining period of the current 12 month term. For the avoidance of doubt, where Additional Services are added the Contract shall continue for 12 months from the relevant Commencement Date in respect of the Additional Services and this clause 11.2 and the termination provisions shall be construed accordingly.
Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so
the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 11.2(b) to clause 11.2(h) (inclusive);
the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
the other party's financial position deteriorates to such an extent that in hoopla hr's opinion the Client's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
Without limiting its other rights or remedies, hoopla hr may terminate the Contract with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under this Contract on the due date for payment and fails to pay all outstanding amounts within 21 days after being notified in writing to do so.
Without limiting its other rights or remedies, hoopla hr may suspend provision of the Services under the Contract or any other contract between the Client and hoopla hr if the Client becomes subject to any of the events listed in clause 11.2(b) to clause 11.2(k) or hoopla hr reasonably believes that the Client is about to become subject to any of them, or if the Client fails to pay any amount due under this Contract on the due date for payment.
On termination of the Contract for any reason:
the Client shall immediately pay to hoopla hr all of hoopla hr’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, hoopla hr shall submit an invoice, which shall be payable by the Client immediately on receipt;
hoopla hr will terminate the Client's password, account and use of the Content and Services;
the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, 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; and
clauses which expressly or by implication survive termination shall continue in full force and effect.
On the termination of the Contract for any reason the following provisions shall apply to the Client’s data stored on the hoopla hr System:
following termination, the Client’s account will be suspended for 30 days but retained on the hoopla hr system. During such 30 day period the Client may require extraction of data relating to the Client from the hoopla hr System for which hoopla hr shall make a charge for such data extraction;
following the end of the 30 day account suspension period, the Client’s account and data will be removed from the hoopla hr System.
No Content or other information relating to the hoopla hr System may be used or copied following termination.
For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of hoopla hr including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of hoopla hr or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of third party suppliers or subcontractors.
hoopla hr shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
If the Force Majeure Event prevents hoopla hr from providing any of the Services for more than 4 weeks, hoopla hr shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Client.
14.1 hoopla hr does not guarantee that:
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of satisfactory quality, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by hoopla.
Provision of the hoopla hr Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. hoopla hr is not responsible for any delays, delivery failures or other damage resulting from such problems.
Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
A person who is not a party to the Contract shall not have any rights to enforce its terms.
Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by hoopla hr.
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
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