Legal

Terms of Use

Introduction

Welcome to our website at oawards.co.uk (the “Website”). The Website is operated by Occupational Awards Limited (“We”). We are a company limited by guarantee (and therefore not for profit) registered in England and Wales, company number 7545603 and whose registered office is at The Catalyst, Baird Lane, York YO10 5GA. In these terms and conditions, “you” and “your” means you as the user of our Website.

By using our website you accept these terms and conditions

The following terms and conditions govern your use of the Website. By accessing the Website, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions you should not use the Website. You should read all the Terms and Conditions prior to using the Website. We recommend that you save or print out a copy of these Terms and Conditions, if required, for future reference.

There are other terms and conditions that may apply to your use of the Website. These are:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our site.

Changes to these terms and conditions

From time to time we may need to make changes to these terms and conditions. Any changes will be posted on our Website. Please review these terms and conditions regularly to ensure you are aware of any changes made by us. If you use the Website after changes are made available in this way, you agree to such changes.

Accessing our website

Access to our Website is free of charge. Such access is permitted on a temporary basis and we reserve the right to withdraw, restrict or amend all or any part of the Website without prior notification. We may suspend access to the Website at any time to allow maintenance work to be carried out or for business or operational reasons.

Access to our Website is dependent upon availability of the worldwide web and we cannot guarantee that our site, or any content on it, will always be available or be uninterrupted. We have the right to disable your access to our Website at any time if, in our opinion, you have failed to comply with any of the provisions of this Agreement.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. We accept no responsibility for your inability to access our Website arising out of circumstances beyond our reasonable control.

Using materials on our website

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it.  Those works, rights and images are protected by copyright laws and treaties around the world. All such rights are reserved.

Unless expressly permitted in writing by us, 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. Specifically, you must not do any of the following, without first obtaining our prior written consent or that or the relevant licence holder:

  • remove any copyright or other proprietary notices contained in any materials
  • publicly display, perform, or distribute or otherwise use the materials for any public or commercial purpose;
  • use any materials from the Website in any manner that may infringe any intellectual property right, proprietary right, or property right of us or any third parties; or
  • reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website or any materials on it in any way

Should we provide our consent to any such use of any materials available on this Website, our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. If you print off, copy or download any part of this Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Unacceptable content

If you find any content on our Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third party rights, deceptive in any way or otherwise in breach of our content standards, please notify us by clicking here and using the subject heading “Unacceptable content”.

We take complaints seriously and on receipt of your complaint we will investigate whether the content breaches our content standards or these Terms and Conditions and may, at our discretion, remove or block access to the content complained of.

Children

We realise and understand that children may visit our Website but we encourage all persons under 14 to consult with their parents or legal guardian before submitting any content or information to this Website. We believe that ultimately it is the responsibility of parents or legal guardians to supervise children appropriately when online and recommend that parental control tools be put in place.

Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part without first obtaining our prior written consent. You must not remove or obscure by framing or otherwise, advertisements, copyright notices, or other information published on the Website. Our Website must not be framed on any other site.

To avoid any doubt you must not link to our Website from a linking site which contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We reserve the right to withdraw any linking permission without notice.

Third party sites and content

Our Website and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so completely at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we or this Website is/are affiliated or associated with such sites. Third party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for such content.

Exclusions and disclaimers

To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website.

Nothing in this Agreement shall exclude our liability for:

  • death or personal injury arising through negligence;
  • fraudulent misrepresentation; and/or
  • anything else that cannot be excluded or limited by us under English law.

We shall not be liable under this Agreement for any indirect, special, incidental or consequential damages whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if advised of the possibility of such damages.

Any content on this Website may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials. Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website and to make any changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Website.

We do not represent or warrant that the Website will be error-free, free of viruses or owner harmful components, or that defects will be corrected. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse this Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain any unauthorised access to our Website, the server on which it is stored or any server, computer or database connected to this Website. You must not attack the Website 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. We will report any breaches of this law to the relevant 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 Website will cease immediately.

Legal compliance and applicable law

You shall comply with all applicable laws and regulations in connection with your use of the Website and any content that appears on it.

The laws of England and Wales shall apply to these Terms and they shall be interpreted under English law. Any dispute arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the English courts.

Thank you for visiting our website.

Privacy Policy

OAL is committed to protecting your privacy. At all times we aim to respect any personal information you share with us, or that we receive from others, and keep it safe. This Privacy Policy Notice (“Notice”) sets out our data processing practices and your rights and options regarding the ways in which your personal information is used and collected, including through our websites (www.oawards.co.uk).

This Notice contains important information about your personal rights to privacy. Please read it carefully to understand how we use your personal information.

The provision of your personal information to us is voluntary. However, without providing us with your personal information, your use of our services or your interaction with us may be impaired. For example, you will be unable to take an examination or receive a qualification.

Contents of this Privacy Policy Notice:

  1. How we collect personal information about you
  2. What personal information do we use?
  3. How and why will we use your personal information?
  4. Lawful bases
  5. Supporter research
  6. Communications for marketing/ fundraising
  7. Donations
  8. Children’s personal information
  9. How long do we keep your personal information?
  10. Will we share your personal information?
  11. Security/ storage of and access to your personal information
  12. International Data Transfers
  13. Exercising your Rights
  14. Changes to this Notice
  15. Links and third parties
  16. How to contact us

1. We collect personal information about you:

When you give it to us directly, for example, personal information that you give to us when you communicate with us by email, phone, or letter.

When we obtain it indirectly, for example, your personal information will be shared with us by training/learning providers after you enrol for a course or for End Point Assessment in relation to which we provide the relevant qualification/EPA assessment.

When it is available publicly. Your personal information may be available to us from external publicly available sources. For example, depending on your privacy settings for social media services, we may access information from those accounts or services.

When you visit our website, we automatically collect the following types of personal information:

(a) Technical information, including the internet protocol (IP) address used to connect your device to the internet, browser type and version, time zone setting, browser plug-in types and versions and operating systems and platforms.

(b) Information about your visit to the websites, including the uniform resource locator (URL) clickstream to, through and from the website (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, referral sources, page interaction information (such as scrolling and clicks) and methods used to browse away from the page.

We collect and use your personal information by using cookies on our website – please see our Cookie Notice below.

When you visit our premises, for example, where CCTV is used on our premises.

In general, we may combine your personal information from these different sources set out above, for the purposes set out in this Privacy Notice.

2. What personal information do we use?

We may collect, store and otherwise process the following kinds of personal information:

  1. your name and contact details including postal address, telephone number, email address and emergency contact details and, where applicable;
  2. your date of birth and gender;
  3. your financial information, such as bank details and/ or credit/ debit card details; for processing invoices for our services that have been provided
  4. information about your computer/ mobile device and your visits to and use of this website, including, for example, your IP address and geographical location;
  5. unique candidate identifiers/unique learner numbers;
  6. details of your qualifications/ experience;
  7. details of courses you have attended or delivered;
  8. details of sickness or absence;

and/ or any other personal information which we obtain as per paragraph 1.

Do we process special categories of data?

The EU General Data Protection Regulation (“GDPR”) recognises certain categories of personal information as sensitive and therefore requiring more protection, for example information about your health, ethnicity and religious beliefs.

In certain situations, OAL may collect and/or use these special categories of data (for example, information on learners’ medical conditions so that we can make arrangements for reasonable adjustments and/or special considerations). We will only process these special categories of data if there is a valid reason for doing so and where the GDPR allows us to do so.

3. How and why will we use your personal information?

Your personal information, however provided to us, will be used for the purposes specified in this Notice. In particular, we may use your personal information:

  1. to register you as a learner/apprentice and allow you to sit examinations;
  2. for examination and EPA assessment administration purposes;
  3. to conduct examinations and assessments;
  4. to issue examination and EPA results and certificates;
  5. to carry out any reviews or appeals;
  6. to otherwise provide you with services, products or information you have requested;
  7. to communicate as necessary with training/learning providers;
  8. to communicate as necessary with your employer
  9. to provide further information about our work, services or activities (where necessary, only where you have provided your consent to receive such information);
  10. to answer your questions/ requests and communicate with you in general;
  11. to manage relationships with our partners and service providers;
  12. to analyse and improve our work, services, activities, products or information (including our website), or for our internal records;
  13. to keep our facilities safe and secure;
  14. to run/administer the activities of OAL, including our website, and ensure that content is presented in the most effective manner for you and for your device;
  15. to audit and/or administer our accounts;
  16. to satisfy legal obligations which are binding on us, for example in relation to regulatory, government and/or law enforcement bodies with whom we may work (for example requirements relating to the payment of tax or anti-money laundering);
  17. for the prevention of fraud or misuse of services;
  18. for the establishment, defence and/ or enforcement of legal claims; and/or
  19. to notify you about changes to our services;
  20. to communicate with you for example, respond to queries and requests

4. Lawful bases

The GDPR requires us to rely on one or more lawful bases to use your personal information. We consider the grounds listed below to be relevant:

  1. Where necessary so that we can comply with a legal obligation to which we are subject (for example, where we are obliged to share your personal information with regulatory bodies which govern our work and services).
  2. Where necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering a contract (for example, to provide you with a certified award after sitting an examination or for an EPA assessment result).
  3. Where there is a legitimate interest in us doing so.
  4. Where the above reasons have not been satisfied and / or you have provided your consent for us to use your personal information in a certain way.

The GDPR allows us to collect and process your personal information if it is reasonably necessary to achieve our or others’ legitimate interests (as long as that processing is fair, balanced and does not unduly impact your rights as an individual).

In broad terms, our “legitimate interests” means the interests of running of the OAL as a commercial entity and ensuring that appropriate levels of certified awards are granted to candidates in line with our standards.

When we process your personal information to achieve such legitimate interests, we consider and balance any potential impact on you (both positive and negative), and on your rights under data protection laws. We will not use your personal information for activities where our interests are overridden by the impact on you, for example where use would be excessively intrusive (unless, for instance, we are otherwise required or permitted to by law).

5. Supporter research

We may also analyse your personal information to create a record of your interests and preferences. This allows us to ensure communications are relevant and timely, to contact you in the most appropriate and relevant way and in general to provide you with an improved user experience. It also helps us to understand the background of our supporters so that we can make appropriate requests to those who may be willing and able to give more than they already do, enabling us to raise funds and help beneficiaries sooner and more cost-effectively. If you would prefer us not to use your personal information for supporter research please let us know by using the contact details below.

6. Communications for marketing/promotional purposes

We may use your contact details to provide you with information about our work, events, services and/or activities which we consider may be of interest to you (for example, about other certified awards, qualifications, End Point Assessments or other products and services we provide).

Where we do this via email, SMS or telephone, we will not do so without your prior consent (unless allowed to do so via applicable law).

Where you have provided us with your consent previously but do not wish to be contacted by us about our work, events, services and/or activities in the future, please let us know by email at customerservice@oawards.co.uk. You can opt out of receiving emails from OAL at any time by emailing our customer service team. 

7. How long do we keep your personal information?

In general, unless still required in connection with the purpose(s) for which it was collected and/or processed, we remove your personal information from our records six years after the date it was collected. However, if before that date (i) your personal information is no longer required in connection with such purpose(s), (ii) we are no longer lawfully entitled to process it or (iii) you validly exercise your right of erasure (please see Section 13 below), we will remove it from our records at the relevant time.

If you request to receive no further contact from us, we may keep some basic information about you on our suppression list in order to comply with your request and avoid sending you unwanted materials in the future.

8. Will we share your personal information?

We do not share, sell or rent your personal information to third parties for marketing purposes. However, in general we may disclose your personal information to selected third parties in order to achieve the purposes set out in this Notice.

These parties may include (but are not limited to):

  1. training/learning providers;
  2. individual examiners/End Point Assessors
  3. educational authorities such as Department for Education, Welsh Government, Department of Education Northern Ireland, HESA, UCAS, ESFA, IfATE, and the Learning Records Service;
  4. local authorities and other public bodies responsible for education;
  5. other educational establishments/prospective employers (for example if a reference is sought);
  6. suppliers and sub-contractors for the performance of any contract we enter into with them, for example IT service providers such as website hosts or cloud storage providers;
  7. professional service providers such as accountants and lawyers;
  8. parties assisting us with research to monitor the impact/effectiveness of our work, events, services and activities;
  9. the police, for example in sharing data in relation to malpractice cases linked to fraud;
  10. regulatory bodies who govern our work, such as Ofqual, Qualifications Wales, CCEA Regulation, SQA or Ofsted; and/or

In particular, we reserve the right to disclose your personal information to third parties:

  • in the event that we sell or buy any business or assets, in which case we will disclose your personal information to the (prospective) seller or buyer of such business or assets;
  • if substantially all of our assets are acquired by a third party, personal information held by us may be one of the transferred assets;
  • if we are under any legal or regulatory duty to do so; and/or
  • to protect the rights, property or safety of OAL, its personnel, users, visitors or others.
  1. Security/storage of and access to your personal information

OAL is committed to keeping your personal information safe and secure and we have appropriate and proportionate security policies and organisational and technical measures in place to help protect your information.

Your personal information is only accessible by appropriately trained staff and contractors, and stored on secure servers which have features to prevent unauthorised access.

  1. International Data Transfers

Given that we are a UK-based organisation we will normally only transfer your personal information within the European Economic Area (“EEA”), where all countries have the same level of data protection law as under the GDPR.  Currently all our data is stored in the UK and not share or saved on any server outside the UK.

Unfortunately, no transmission of your personal information over the internet can be guaranteed to be 100% secure. Once we have received your personal information, we use strict procedures and security features to try and prevent unauthorised access.

  1. Exercising your Rights

Where we rely on your consent to use your personal information, you have the right to withdraw that consent at any time. This includes the right to ask us to stop using your personal information for marketing or fundraising purposes or to unsubscribe from our email list at any time. You also have the following rights:

  1. Right of access – you can write to us to ask for confirmation of what personal information we hold on you and to request a copy of that personal information. Provided we are satisfied that you are entitled to see the personal information requested and we have successfully confirmed your identity, we will provide you with your personal information subject to any exemptions that apply.
  2. Right of erasure – at your request we will delete your personal information from our records as far as we are required to do so. In many cases we would propose to suppress further communications with you, rather than delete it.
  3. Right of rectification – if you believe our records of your personal information are inaccurate, you have the right to ask for those records to be updated. You can also ask us to check the personal information we hold about you if you are unsure whether it is accurate/up to date.
  4. Right to restrict processing – you have the right to ask for processing of your personal information to be restricted if there is disagreement about its accuracy or legitimate usage.
  5. Right to object – you have the right to object to processing where we are (i) processing your personal information on the basis of our legitimate interests (see section 4 above), (ii) using your personal information for direct marketing or (iii) using your information for statistical purposes.
  6. Right to data portability – to the extent required by the GDPR, where we are processing your personal information (that you have provided to us) either (i) by relying on your consent or (ii) because such processing is necessary for the performance of a contract to which you are party or to take steps at your request prior to entering into a contract, and in either case we are processing using automated means (i.e. with no human involvement), you may ask us to provide the personal information to you – or another service provider – in a machine-readable format.
  7. Rights related to automated decision-making – you have the right not to be subject to a decision based solely on automated processing of your personal information which produces legal or similarly significant effects on you, unless such a decision (i) is necessary to enter into/perform a contract between you and us/another organisation; (ii) is authorised by EU or Member State law to which OAL is subject (as long as that law offers you sufficient protection); or (iii) is based on your explicit consent.

Please note that some of these rights only apply in limited circumstances. For more information, we suggest that you contact us using the details below.

If you have any queries or concerns in relation to your personal data we hold or you wish to raise a subject access request, please contact us using the details provided below. You are further entitled to make a complaint to the Information Commissioner’s Office – www.ico.org.uk. For further information on how to exercise this right, please contact us using the details below.

  1. Changes to this Notice

We may update this Notice from time to time. We will notify you of significant changes by contacting you directly where reasonably possible for us to do so and by placing an update notice on our website. This Notice was last updated in January 2021.

  1. Links and third parties

We link our website directly to other sites. This Notice does not cover external websites and we are not responsible for the privacy practices or content of those sites. We encourage you to read the privacy policies of any external websites you visit via links on our website.

  1. How to contact us

Please let us know if you have any questions or concerns about this Notice or about the way in which OAL processes your personal information by contacting us at the channels below. Please ask for / mark messages for the attention of the Quality and Compliance Team.

Email: customerservice@oawards.co.uk

Telephone: 01904 236483

Post: OAL, the Catalyst, Baird Lane, York.  YO10 5GA

Cookie Policy

Cookies

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.

Cookies can be categorised into two different types:

  1. Session cookies, which are temporary cookies that remain in the cookie file of your computer until you close your browser (at which point they are deleted).
  2. Persistent or stored cookies that remain on the cookie file of your computer for a defined period of time.

The cookies we use on our website are either ‘Essential’ or ‘Performance’ Cookies:

Essential cookies enable you to move around the website and access its feature, such as accessing secure areas of a website or displaying personalised content.

Performance cookies allow us to count the number of visitors to our website and to see how visitors move around the website when they are using it. All counting and tracking is anonymous and movements and activity are not traced back to an individual user. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

We also use Google Analytics to collect information about your online activity on the website, such as the web pages you visit, the links you click, and the searches you conduct on the website. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from and the pages they visited. For more information about the information gathered using Google Analytics please visit their Privacy Policy page.

For further details of the cookies we use on our websites, please see the tables below.

Cookies cannot look into your computer and obtain information about you or your family or read any material kept on your hard drive and, unless you have logged onto an authenticated page, cookies cannot be used to identify who you are.

Cookies cannot be used by anyone else who has access to the computer to find out anything about you, other than the fact that someone using the computer has visited a certain website. Cookies do not in any way compromise the security of your computer.

How Google determines demographic information

When someone visits a website that has partnered with the Google Display Network, Google stores a number in their browsers (using a “cookie“) to remember their visits. This number uniquely identifies a web browser on a specific computer, not a specific person. Browsers may be associated with a demographic category, such as gender or age range, based on the sites that were visited.

In addition, some sites might provide us with demographic information that people share on certain websites, such as social networking sites. We may also use demographics derived from Google profiles.

Customers can edit their inferred (that is, suggested) demographic categories for websites by visiting Ads Settings.

Using the Ads Settings, visitors can opt out of Google Analytics for Display Advertising and customise Google Display Network ads.

ClickTale

OAL uses ClickTale web analytics service. ClickTale may record mouse clicks, mouse movements, scrolling activity as well as any text you type in this website. ClickTale does not collect personally identifiable information (PII) that you do not voluntarily enter in this website. ClickTale does not track your browsing habits across web sites which do not use ClickTale services. For more information see Privacy Policy for Information Collected by the ClickTale Web Analytics Service. We are using the information collected by ClickTale service to improve our website, make it more user-friendly and monitor that it is performing correctly. You can choose to disable the Service on ClickTale’s website.

Siteimprove

OAL uses Siteimprove web services. Siteimprove may collect statistics about site usage such as when a visitor last visited the site, track the sequence of pages a visitor looks at during a visit to the site and determine if the user has accepted or declined cookies. This information is then used to improve the user experience on the website and can be used to reduce user journeys, and enable visitors to find relevant information quicker. The Siteimprove Analytics cookies contain a randomly generated ID used to recognise the browser when a visitor reads a page. The cookie contains no personal information and is used only for web analytics.

How can you control the cookies we use?

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. You can usually activate these settings by clicking on the ‘Help’ menu in your browser. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit the All About Cookies website. To opt out of being tracked by Google Analytics across all websites visit the Google Analytics site.

Unless you have adjusted your browser setting so that it will refuse cookies, you will receive cookies as soon you visit our website. The cookies that will be issued will be applied in accordance with the terms of this cookies policy.