Legal

Copyright notice

Unless otherwise stated, the copyright, database rights and any other rights in all information, data, text, drawings, artwork, pictures, photographs, images, graphics and materials (together “Materials“) on the diademperformance.com website (the “Site“) and the design, layout, look and appearance of the Site is owned by Diadem Performance Limited (“we” or “us“) or licensed to us by our suppliers. You are permitted to use and download such Materials or extracts from the Site to a local hard disk and print copies, subject to all of the following:

  1. Your use of the Site and any Materials on the Site is for your internal, personal, private use only.
  2. Except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Site or such Materials for any other purpose without our express prior written consent. This includes (but without limitation) not reproducing or storing any part of the Site or such Materials in any other web site or in any public or private electronic retrieval system or service.
  3. Our copyright notice (i.e. © Diadem Performance Limited 2010) or, where indicated, the notice of our licensors must appear in all electronic or hard copies of any such Materials or extracts from the Site.
  4. When you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Site or such Materials, you must do so fairly and give due accreditation to us, our suppliers and the Site. You shall also do so in accordance with any restrictions which we stipulate on the Site.
  5. Except as we expressly permit, you must not in any way modify any Materials on the Site.
  6. Any rights not expressly granted in these terms or otherwise by us are reserved.


Privacy Policy

 

Diadem Performance Limited (“Diadem”) is a company registered in England under number 06900771 with its registered office at First Floor, Radius House, 51 Clarendon Road, Watford, WD17 1HP.

This privacy policy explains how we collect and use any personal data you provide to us when you use this website, as well as any data you may provide to us in preparation for, during or after your training/coaching   e.g. Delegate Details Sheet, Registration Sheet, Feedback Sheet, Videos/Photos, (see below).

Topics covered:

– What information do we collect about you?

– How will we use the information about you?

– Breaches of Data Protection Principles

–  Marketing

– Access to your information and correction

– Cookies

– Third parties and links

– Security

– Consent

– Changes to our privacy policy

– How to contact us

 

Data Controller

In this policy, whenever you see the words “we”, “us”, “our” it refers to Diadem. Diadem is the data controller and responsible for this website

What information do we collect about you?

Personal data/information is any information about an individual from which that person can be identified. We may collect, use, store and transfer the following types of information:

–      Identity Data – includes information relating to name, title, gender

–      Contact Data – including information relating to billing address, business address, email addresses, telephone numbers, job title

–      Financial Data – including information relating to bank account details, invoices, payment information, VAT number

–      Technical Data – including information relating to your IP Address, browsing history, about how you use our website and services.

Your privacy is very important to you and us. We shall therefore only use your personal information in the manner set out in this privacy policy. We will only use your personal information in a way that is fair to you. We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you.

We collect information about you when you register with us (such as when you complete the Delegate Details Sheet or Registration Sheet) or place an order for products or services (and you complete our Customer Details Sheet). We also collect information when you complete customer surveys, self assessment forms and provide feedback about our services.

We collect information about you to process your order, manage your account and, if you have given your consent, to send marketing communications to you (see marketing section).

We will only keep your information for as long as we are either required to by law, or as is relevant for the purposes for which it was collected. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purpose it was collected for and whether those purpose have been achieved, and any applicable requirements.

 

How will we use the information about you?

We only use your personal data/information in a manner which complies with the law governing data protection. Most commonly, we will use your personal data in the following circumstances:

–      Where we need to in order to perform a contract we are about to enter into with you or have previously entered into with you.

–      Where we need to for our legitimate interests and your interests and rights do not override those legitimate interests.

–      In limited situations, where you give us your consent to do so (this is generally limited to us sending you marketing communication).

–      Where we need to comply with a legal or regulatory obligation.

We use the information you provide us with in order to respond to your enquiry or send you communications that you have agreed to receive such as newsletters, training follow up emails, invitations to future events, customer surveys and other information about us, the Site, our services.

We do not transfer your personal information outside the European Economic Area.

You must only submit to us, or the Site, information which is accurate and not misleading and you must keep it up to date and inform us of changes. You are responsible for ensuring that you have full authority and consent to supply us with any data submitted by you in respect of you and anyone else.

We may also use your information collected from the website to personalise your repeat visits to our website.

In processing your order, we may send your details to, and also use information from, credit reference agencies and fraud prevention agencies.

 

Breaches of Data Protection Principles

If you consider that the data protection principles have not been followed in respect of personal data about yourself or others, you should raise the matter with Diadem immediately by emailing info@diademperformance.com or phoning 01923 822 766. Any data protection breach will be taken seriously and looked into as a matter of urgency.

 

Marketing

Diadem will only use your personal data for marketing purposes to provide the information you have given your consent to receive from us, such as newsletters and invitations to future events , via the ‘Registration Sheet’ presented to you at your training/coaching session or the re consent email we sent in May 2018 (or via this website in the future).

You may opt out of receiving this information at any time by:

– unsubscribing via our communication tool Mailchimp. You can do this by clicking on the unsubscribe link at the bottom of each email which will take you to the unsubscribe form – you then need to fill in your email address and press the unsubscribe button again and you will no longer receive the information.

– sending us an email clearly explaining what you no longer wish to receive – info@diademperformance.com

– completing the Contact Us form on our website clearly explaining what you no longer wish to receive

– writing to us at Diadem Performance, Windfalls House, 18 Elgood Avenue, HA6 3QJ clearly explaining what you no longer wish to receive.

Where you opt out of receiving marketing information, this will not apply to data you may have provided in connection with services you have purchased from us.

 

Access to your information and correction and rights in relation to your information

You have the right to request a copy of the information that we hold about you. If you would like to make such a request, please contact us via one of the methods detailed in the ‘How to contact us’ section below.

We may make a small charge for this service but this will only generally be where your request is excessive or repetitive. Where you do ask for a copy of information about you, before being able to deal with your request, we may need to ask for specific information from you to help confirm your identity and your right of access to the information. This is for security purposes to make sure that your information is not released to someone who doesn’t have the right to receive it.

We want to make sure that your personal information is accurate and up to date. In certain circumstances, you may ask us to correct or remove information we hold about you which you think is inaccurate. Situations where you can ask us to remove information we hold about you include where there is no good reason for us to continue to process it or where you have objected to us processing it or where necessary to comply with a legal obligation.

You may also object to the processing of your information or ask us to restrict the way in which we process it or transfer it to someone else. Where we are relying on your consent to process your information, you have the right to withdraw that consent.

If you wish to exercise any of these rights, please contact us via one of the methods detailed in the ‘How to contact us’ section below.

 

Cookies

This Site uses Cookies. Cookies are tiny text files which identify your computer to our server as a unique user when you visit certain pages on some websites and they are stored by your Internet browser on your computer’s hard drive. If you want to find out more information about cookies, go to http://www.allaboutcookies.org or to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html.

 

Third Parties and Links

We may pass your details to our agents and subcontractors to help with any use of your data set out in our privacy policy. We may also pass your Training Zone login details to our web developers and the hosts of the Site should they need to investigate any access issues.

Other than as set out in this privacy policy, we shall NOT sell or disclose your personal data to third parties (e.g. third party marketing organisations) without obtaining your prior consent unless this is necessary for the purposes set out in this privacy policy or unless we are required to do so by law.

We require any third parties to respect the security of your personal information and treat it in accordance with the law. We do not allow third parties to use your personal information for their own purposes and only permit them to do so for specific reasons and in line with our instructions.

 

Security

We have put in place appropriate security measures to prevent your personal information being accidentally lost, used or accessed in an unauthorised way. We will limit access to your personal information to employees, agents or contractors to the extent they have a relevant need to know. They will only process your data on our instructions.

Steps have been put in place to deal with any suspected data breach and we will notify you and any appropriate regulator of any data breach where we are required to do so.

 

Consent

By using the Site, you consent to our use of your data and of anyone you represent in the manner set out in this privacy policy and agree to be bound by the terms of this privacy policy (as amended). You also agree to the Site Terms of Use currently in force from time to time.

 

Changes to our privacy policy

Any material changes to the way in which we use your data will be described in future versions of this privacy policy. Each time you enter the Site or submit data to the Site or Diadem, you agree that the privacy policy current at that time shall apply to all information which we hold about you.

This privacy policy was last updated on 30th April 2018.

 

How to contact us

Please contact us if you have any questions about our privacy policy or information we hold about you:

  • email – info@diademperformance.com
  • write – Diadem Performance, Windfalls House, 18 Elgood Avenue, HA6 3QJ
  • website – via the contact us form
  • phone – 01923 822 766

Site Terms of Use (“Site Terms”)

Access to this Site and Changes

  1. Access to and use of the diademperformance.com website (this “Site”) is provided by us subject to these Site Terms. “We” “us” and “our” refer to Diadem Performance Limited, a company registered in England under number 06900771 with its registered office at 222 Upper Richmond Road West, London, SW14 8AH. “You” or “your” refers to the person who uses any part of this Site.
  2. Your use of any part of this Site constitutes your acceptance of these Site Terms which takes effect on the date on which you first use this Site. If you do not agree with these Site Terms, you should cease using this Site immediately.
  3. We reserve the right to change these Site Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Site Terms.
  4. You are responsible for all access to this Site through your Internet connection and for bringing these Site Terms to the attention of all persons accessing this Site through your Internet connection.
  5. You must not interfere with another person’s use of this Site or otherwise act in a way that negatively affects another person’s use of this Site.
  6. You shall not use this Site in any way which in any respect:
    1. is in breach of any statute, regulation or byelaw of any applicable jurisdiction;
    2. impersonates any other person or body or misrepresents a relationship with any person or body;
    3. may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party;
    4. may be contrary to our interests; or
    5. involves your use, delivery or transmission of any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  7. You shall fully and promptly indemnify us and keep us indemnified against all liabilities, claims, losses, damages, demands, injuries, charges, fines, proceedings, costs and expenses (including legal expenses) that we may suffer or incur as a direct or indirect result of any breach by you of any obligation on you under these Site Terms.

Availability of This Site, Security and Accuracy

  1. Whilst we endeavour to make this Site available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period. We make no warranty that your access to this Site will be uninterrupted, timely or error-free.
  2. Access to this Site may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of this Site for any reason. If we impose restrictions on you personally, you must not attempt to use this Site under any other name or user or from a different computer.
  3. We do not warrant that this Site will be compatible with any or all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of this Site or your obtaining any material from, or as a result of using, this Site. We shall also not be liable for the actions of third parties in breaching any security measures.
  4. We may change or update this Site and anything described in it without notice to you.
  5. Whilst we endeavour to ensure that information and materials on this Site are correct, no warranty (except as expressly provided in the terms and conditions for our supply of services to you for a fee) or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. If you place an order as a result of using this Site, you are responsible for ensuring that your order contains all necessary and accurate information.
  6. Subject to paragraph 15, the material contained on this Site is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on this Site shall not constitute any part of an offer or contract. Nothing on this Site should be relied on as statements or representations of fact. You must satisfy yourself as to the correctness of any statements made in relation to anything on this Site and make further enquiries before proceeding with any course of action.
  7. The contents of this Site are intended for convenience only. Nothing on this Site shall constitute advice specific to your circumstances or a recommendation. The material contained on this Site should not be used as the deciding factor for any business decision and any business or other decision you take on the basis of the Site, or any material contained on it, is your responsibility. We do not suggest that any product or service mentioned on this Site is either available to you or complies with laws outside of England.

Our supply of services

  1. Supply of our services referred to on this Site shall be governed by our terms and conditions applicable to the supply of those services, which may override these Site Terms to the extent of any conflict.

Our liability to you

  1. We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
  2. Our liability in relation to our supply of any service on, from or as a result of using this Site for which you pay a fee shall be set out in the relevant terms and conditions for that supply.
  3. To the extent possible by law and subject to paragraphs 15, 16 and 17 above:
    1. our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of this Site or any material in it or accessible from it or from any action or decision taken as a result of using this Site or any such material shall be £10; and
    2. we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of the use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of data; and any such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, sub-paragraphs (b) to (l) inclusive apply whether such losses are direct, indirect or consequential or otherwise.

Trade Marks

  1. The Diadem name and logo and all other brands, names, logos, marks and slogans on this Site are the trade marks or service marks of us or our licensors.

Third Party Websites

  1. Although we have sought to carefully select any site to which a link from this Site exists, we have no control over and accept no responsibility for the content of such linked sites (unless we are the provider of those linked sites). The links are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within such sites. We do not provide any endorsement or recommendation of any third party site to which this Site provides a link.
  2. You must not without our permission frame any of this Site onto your own or another person’s website.
  3. You shall not provide a link from your website to the home page of this Site, without our prior written consent. If we grant to you a right to provide a link from your website to the home page of this Site, you must ensure that any link is provided in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
    1. you shall not make any warranties or representations about us, our services, or our policies except with our prior express authorisation;
    2. you shall not say or imply anything that is false, misleading, derogatory or offensive about us or our services; and
    3. you shall not suggest expressly or implicitly that we have endorsed your site or are associated with it where this is not the case.

Copyright notice and Privacy Policy

  1. You agree to be bound by the Copyright Notice and Privacy Policy currently in force.

Severability

  1. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Site Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Contacting us

  1. If you want to contact us for any reason, please contact us by e-mail at info@diademperformance.com, by telephone on 01923 822766 or by post at the above address.

English law and jurisdiction

  1. These Site Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with English law. You submit to the non-exclusive jurisdiction of the English courts to settle any dispute which may arise under these Site Terms (including any non-contractual dispute). We shall also have the right to bring a claim in the jurisdiction in which you are based.