Terms of Service

By using the TutorCruncher and TimeCruncher website and services (herein after the “Services”) you are agreeing to be bound by the following terms and conditions ("Terms of Service"). TutorCruncher Ltd (Company No. 08385970) is registered in England and Wales at The Food Exchange, New Covent Garden Market, London, SW8 5EL.

TutorCruncher reserves the right to update and change the Terms of Service, at any time. TutorCruncher will make reasonably efforts to inform you about any changes to these terms of service.

These terms of service apply to any person (such as a self-employed tutor) or business (such as an agency) with a TutorCruncher company account ("you"). Some clauses relate to both you and any user who you intentionally or unintentionally give access to TutorCruncher (herein after "your users").

Any new features that augment or enhance the current Service, including the release of new tools, new functionality, website features or other resources, shall be subject to the Terms of Service.

To be clear from the outset, by using our Services (including our site), you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Services. We recommend that you print a copy of these terms for future reference. Continued use of the Service after any changes in future to these Terms of Service shall constitute your consent to such changes.

Section A: Account Terms

1. You must provide your legal name, a valid email address, and any other information requested in order to complete the onboarding/registration process.
2. Your login credentials may only be used by one person – a single set of login credentials shared by multiple users is not allowed.
3. Where you are an agency with an account, you may create login credentials for as many administrators, tutors, affiliates, clients and students as you need.
4. You are responsible for maintaining the security of your account and password. TutorCruncher cannot and will not be liable for any loss or damage from your failure to protect your login information. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction or the UK (including but not limited to copyright laws).
6. You are responsible for all Content posted, activity conducted and all persons who access (or even just view or see screenshots of) our Services through your account or internet connection. You should not permit any person who is not the account holder to access or interact with your account or our Services without first making them aware of these Terms of Service. In any event, all such activity that occurs under your account including Content posted by or suggested by other people shall be your responsibility (save where TutorCruncher has accessed or is performing maintenance on any part of the site or your account).
7. You retain all of your ownership rights in your Content, but you are required to, and you hereby do, grant TutorCruncher a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services.
8. We do not guarantee that our Services or any content on our site, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Section B: Payments and Refunds

1. If you sign up for a free trial on a paying account, and you do not cancel or become a full member within 14 days, you will be sent an e-mail inviting you to begin paying for your subscription. If you choose not to pay once your trial has expired, your account will be suspended until payment is received. If you enter your payment information before the trial has ended, your trial ends on that day.
2. The Service is billed in arrears on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months with an open account.
3. If you choose to save your details when paying for TutorCruncher’s service, TutorCruncher reserves the right to take payment for invoices from that card.
4. All payments are to be made in GBP, EUR or USD unless otherwise agreed.
5. TutorCruncher reserves the right to change our monthly fees upon 90 days notice from us. Fee change notices may be posted to the Service or on the TutorCruncher website.

Section C: Fee Calculations

Depending on your price plan, your fee may be made up for the following components: 1. A fixed monthly fee. This may be charged upfront or retroactively depending on your price plan. 2. A fee for 'Online payments', which is a percentage of all payments made through our online card payment system. These fees are taken at the time of transaction. 3. A fee for 'Offline payments', which is a percentage of all lessons and ad hoc charges put through the system that haven't been paid for using the online card payment system. These fees are generated at the end of each month and charged in arrears. This is worked out by taking the sum of all charges for complete or "cancelled but chargeable" appointments and undeleted Ad Hoc Charges for each calendar month, then subtracting the sum of the payments made via the online card payment system. 5. If you avoid putting charge amounts through TutorCruncher by not invoicing to avoid fees and if it comes to our attention this has happened without any agreement made to allow you to do so, TutorCruncher is in the right to collect the amount owed as per your contracted fees.

Section D: Cancellation and Termination

1. You alone are responsible for the proper cancellation of your account. You may cancel your account by emailing info@tutorcruncher.com.
2. TutorCruncher may cancel or suspend your account immediately without notice for any of the following reasons:
   • Failure to pay an invoice or late payment (payment delayed by 5 days or more) .
   • Illegal activity involving or in any way relating to use or misuse of TutorCruncher.
   • Any attempt by your users to extract data from the TutorCruncher system which you do not rightly have access to or damage TutorCruncher such that such access is made easier for others.
   • Any damage (intentionally or otherwise) to the service TutorCruncher offers by your users.
   • Any activity by your users which results in a significant increase in the costs to TutorCruncher of providing the TutorCruncher service.
   • Any activity by your users which defames TutorCruncher or damages its reputation.
3. In the event of cancellation or long-term suspension TutorCruncher will provide exports of your data using all TutorCruncher’s standard export features free of charge unless prevented from doing so by law. If any further data is required TutorCruncher will make a reasonable effort to provide that data in a usable format charging a reasonable hourly rate for that work (being no less than £100 per hour).
4. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will receive one final invoice usage in the month of cancellation.
5. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content associated with your Account.
6. TutorCruncher reserves the right to refuse service to any new customer for any reason.
7. TutorCruncher reserves the right to modify the service at any time without notice. Unless otherwise agreed all customers will be provided with the same service as defined by their pricing tier.

Section E: Liability

Whether you are an end user (an individual) or agency/business*

1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
2. All other statutory rights of individual end users are unaffected.
3. Our maximum liability for errors, omissions, negligence, and defective digital content which is exclusively and wholly the fault of TutorCruncher shall in all cases not otherwise excluded or limited in these Terms of Service shall be capped at the level of 50% of the amount of fees (being fixed monthly fees plus usage fees) paid by or on behalf of the affected user in the preceding 12 months before the default giving rise to the claim arose.

If you are an agency/business*

1. We exclude all implied conditions, warranties, representations or other terms that may apply to our Services.
2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
   1. use of, or inability to use, our Services; or
   2. use of or reliance on any content displayed on our site.
3. In particular, we will not be liable for:
   1. loss of profits, sales, business, or revenue;
   2. business interruption;
   3. loss of anticipated savings;
   4. loss of business opportunity, goodwill or reputation; or
   5. any indirect or consequential loss or damage.

Section F: Control, Copyright and Content Ownership

1. TutorCruncher owns or licences the intellectual property rights to any and all protectable components of the Service, including but not limited to our site, any material published on it, the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may not (without our express permission) copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which TutorCruncher owns. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
3. TutorCruncher claims no intellectual property rights over the exact Content you upload or provide to the Service.
4. We may transfer our rights, role, responsibilities contained in these Terms of Service and the legal agreement embodied by it, to someone else (such as a purchaser of TutorCruncher in future). We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Section G: How We Use Your Information (Data Protection)

1. We do not sell, trade, or rent users personal identification information to others. We may share generic aggregated data such as demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers. We may use third party service providers to help us operate our business or administer activities on our behalf. We may share your information with these third parties as part of our business operations.
2. We treat your end user database with the greatest respect and will never share its contents with another user of TutorCruncher. Individuals, be they tutors, clients, or students, can create TutorCruncher accounts which they then use across multiple companies, therefore, these users may receive communications from different companies that are also using TutorCruncher. A company with a TutorCruncher account will only have access to the user data in its company-specific database.

Section H: General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
3. You warrant that any Content inputted by you shall not reasonably offend, cause harm or distress to any person or be unlawful, libelous, threatening, obscene, pornographic, defamatory, nor shall it violate any person's intellectual property. You will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer (towards a third party) as a result of your breach of warranty.
4. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of TutorCruncher.
5. It is your responsibility to check every invoice and payment order to make sure they are correct before receiving or dispensing funds.
6. You may not use the Service to store, host, or send unsolicited email (spam) or SMS messages.
7. You are solely responsible for securing and backing up your Content. TutorCruncher may keep back-ups and archives for its particular lawful purposes (in compliance with its privacy policy and other requirements) but you should not rely on these back-ups or assume any guarantee that they will be made accessible to you (but we will do our best to assist on each occasion).
8. You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
9. You must not attempt to gain unauthorised access to our site or Services, the server on which our site is stored or any server, computer or database connected to TutorCruncher. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
10. TutorCruncher does not warrant that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
12. You may create links to our website or refer to our Services when you interact with others but you must not establish a link in such a way as to suggest any form of employment, affiliation, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
13. Parts of the Services may include information and materials uploaded by other users, (including to bulletin boards, blogs, and chat functions). This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
14. TutorCruncher, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
15. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
16. The failure of TutorCruncher to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TutorCruncher and govern your use of the Service, superseding any prior agreements between you and TutorCruncher (including, but not limited to, any prior versions of the Terms of Service).
17. Questions regarding the Terms of Service should be sent to Customr Support at support@tutorcruncher.com
18. Any dispute over these terms of service and any disagreement between TutorCruncher and its customers will be judged under the laws of the England and the courts of England shall have exclusive jurisdiction.

Authorised by the Board of TutorCruncher with effect July 2021

Privacy Policy

TutorCruncher is the controller of your Personal Data as described in this Privacy Statement, unless expressly specified otherwise. In other words, this Privacy Statement applies principally to all those occasions where TutorCruncher is determining the purposes and means of the processing of your Personal Data.

As an Account holder or authorised user, for content and data that you upload, or make available through our cloud and platform services, you are responsible for ensuring that such content is fully in accordance with our Terms of Service so that such content does not offend or violate another user's privacy.

In terms of the relevant laws that apply to our business and your Personal Data, TutorCruncher adheres to Regulation (EU) 2016/679 (the “EU GDPR”) as it applied in full prior to 1 January 2021 (and continues to apply to Personal Data belonging to persons who are located in the EU today). We also comply with the retained version of the EU GDPR as it applies from 1 January 2021 in the UK (as amended and updated from time to time) (the “UK GDPR”).

Outside of the UK and EU we recognise the need to be in tune with data protection law overseas, where we may have now, or in future, customers or business operations. (including but not limited to relevant laws in Canada, Australia, India and Switzerland). We continue to monitor relevant privacy laws in these territories and will take local expertise into account as and when required.

For the avoidance of doubt, this Privacy Statement does not apply to the extent we process Personal Data in the role of a processor on behalf of our customers, including where we offer to our customers various cloud products and services through which our customers (and/or their affiliates): (i) create their own websites and applications running on our platforms; (ii) sell or offer their own products and services; (iii) send electronic communications to other individuals; or (iv) otherwise collect, use, share or process Personal Data via our cloud products and services.

For detailed privacy information related to where a TutorCruncher customer such as a tutoring agency and/or a customer affiliate who uses the TutorCruncher cloud products and services is the controller, please reach out to the respective customer or agency directly. We are not responsible for the privacy or data security practices of our customers, which may differ from those set forth in this Privacy Statement.

Processing activities covered

This Privacy Statement applies to the processing of Personal Data collected by us when you: 1. Visit our websites that display or link to this Privacy Statement 2. Visit our branded social media pages 3. Visit our offices 4. Receive communications from us, including emails and phone calls 5. Use our cloud products and services as an authorized user where we act as a controller of your Personal Data (for example, as an employee of one of our customers who provided you with access to our services)

Our websites and services may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties' privacy statements, which you should review to better understand those third parties' privacy practices.

What Personal Data do we collect?

The Personal Data that we collect directly from you includes the following: 1. If you express an interest in obtaining additional information about our services, request customer support, use our "Contact Us" or similar features, register to use our websites, or download certain content, we may require that you provide to us your contact information, such as your name, job title, company name, address, phone number, email address or username and password 2. If you use and interact with our websites or emails, we automatically collect information about your device and your usage of our websites or emails through cookies, web beacons or similar technologies, such as Internet Protocol (IP) addresses or other identifiers, which may qualify as Personal Data 3. If you use and interact with our services, we automatically collect information about your device and your usage of our services, through log files and other technologies, some of which may qualify as Personal Data 4. If you voluntarily submit certain information to our services, such as filling out a survey about your user experience, we collect the information you have provided as part of that request and 5. If you visit our offices, you may be required to register as a visitor and to provide your name, email address, phone number, company name and time and date of arrival. 6. If you provide us or our service providers with any Personal Data relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Privacy Statement. If you believe that your Personal Data has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Data, please contact us by using the information set out in the “Contacting us” section below.

What device and usage data we process

We use common information-gathering tools, such as tools for collecting usage data, cookies, web beacons and similar technologies to automatically collect information that may contain Personal Data from your computer or mobile device as you navigate our websites, our services or interact with emails we have sent to you.

Device and usage data

As is true of most websites, we gather certain information automatically on connection with the use of the website by individual users. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed, searches, operating system and system configuration information and date/time stamps associated with your usage. This information is used to analyze overall trends, to help us provide and improve our websites and to guarantee their security and continued proper functioning.

In addition, we gather certain information automatically as part of your use of the cloud products and services. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed, searches and other actions you take, operating system and system configuration information and date/time stamps associated with your usage. This information is used to maintain the security of the services, to provide necessary functionality, as well as to improve performance of the services, to assess and improve customer and user experience of the services, to review compliance with applicable usage terms, to identify future opportunities for development of the services, to assess capacity requirements, to identify customer opportunities and for the security of TutorCruncher generally (in addition to the security of our products and services). Some of the device and usage data collected within the services, whether alone or in conjunction with other data, could be personally identifying to you. Please note that this device and usage data is primarily used for the purposes of identifying the uniqueness of each user logging on (as opposed to specific individuals), apart from where it is strictly required to identify an individual for security purposes or as required as part of our provision of the services to our customers (where we act as a processor).

Cookies, web beacons and other tracking technologies on our website and in email communications

We use cookies and similar technologies such as web beacons, pixels, GIFs, tags and JavaScript, alone or in conjunction with cookies, to compile information about the usage of our websites and interaction with emails from us.

When you visit our websites, we or an authorized third party may place a cookie on your browser and/or device, which collects information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track usage, determine your browsing preferences and improve and customize your browsing experience.

We use both session-based and persistent cookies on our websites. Session-based cookies exist only during one session and disappear from your computer when you close your browser or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer. To change your cookie settings and preferences for the site you are visiting, click the Cookie Preferences link in the footer of the page. You can also control the use of cookies at the individual browser level, but choosing to disable cookies may limit your use of our services.

We also use web beacons on our websites and in email communications. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. Such technologies are used to operate and improve our websites and email communications.

Notices on behavioural advertising and opt-out for website visitors

As described above, we or third parties may place or recognize a unique cookie on your browser when you visit our websites for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). To learn more about targeted advertising and advertising networks or opt out, please visit the opt-out pages of the Network Advertising Initiative.

To manage the use of targeting and advertising cookies on this website, click the Cookie Preferences link in the footer of the page or consult your individual browser settings for cookies. To learn how to manage privacy and storage settings for Flash cookies, click here. Various browsers may also offer their own management tools for removing HTML5 local storage.

Opt-Out from the setting of cookies on your individual browser

In addition to utilizing the user preference center, where available, you may opt-out from the collection of non-essential device and usage data on your web browser (see the "What device and usage data we process" section, above) by managing your cookies at the individual browser level. In addition, if you wish to opt-out of interest-based advertising click here (or, if located in the European Union, click here).

While some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard that has been adopted by industry groups, technology companies or regulators.

In light of recent changes to cookies practices in 2021 (with respect to the disablement of third party cookies on some browsers) we include below an updated list of the more popular browser types with hyperlinks showing how to adapt their cookie settings accordingly:

• Google Chrome
• Microsoft Edge
• Mozilla Firefox
• Microsoft Internet Explorer
• Opera
• Apple Safari

Telephony log information

If you use certain features of our services on a mobile device, we may also collect telephony log information (like phone numbers, time and date of calls, duration of calls, SMS routing information and types of calls), device event information (such as crashes, system activity, hardware settings, browser language), and location information (through IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers).

Video-Conference data and images

TutorCruncher understands the importance of modern video communication tools which help support the agencies, tutors and users who use our services. It is important to remember that TutorCruncher does not directly provide or own the communication tools used in the delivery of the tutoring services, so it is important you are aware of the approaches to image-use and personal data inputted by the various video-call providers. We link below to some examples of their approaches to data privacy:

https://www.microsoft.com/en-gb/microsoft-teams/security

https://zoom.us/privacy

https://whereby.com/information/tos/privacy-policy/

https://trustportal.cisco.com/c/dam/r/ctp/docs/privacydatasheet/collaboration/cisco-webex-meetings-privacy-data-sheet.pdf

https://support.google.com/meet/answer/9852160

Purposes for which we process Personal Data and the legal bases on which we rely

We only hold and process Personal Data when the law allows us to. We set out below a visual depiction of the six core “legal bases” which allow us to process Personal Data under UK GDPR and EU GDPR followed by a short assessment of the most relevant to TutorCruncher’s operations:

• Providing our websites and services: We process your Personal Data to perform our contract with you for the use of our websites and services and to fulfill our obligations under applicable terms of use/service; where we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to operate and administer our websites and to provide you with content you access and request (e.g., to download content from our websites);
• Promoting the security of our websites and services: We process your Personal Data by tracking use of our websites and services, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity and enforcing our terms and policies, to the extent this is necessary for our legitimate interest in promoting the safety and security of the services, systems and applications and in protecting our rights and the rights of others;
• Providing necessary functionality: We process your Personal Data to perform our contract with you for the use of our websites and services; where we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to provide you with the necessary functionality required during your use of our websites and services;
• Managing user registrations: If you have registered for an account with us, we process your Personal Data by managing your user account for the purpose of performing our contract with you according to applicable terms of service;
• Handling contact and user support requests: If you fill out a “Contact us” web form or request user support, or if you contact us by other means including via a phone call, we process your Personal Data to perform our contract with you and to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you;
• Managing payments: If you have provided financial information to us, we process your Personal Data to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our contract with you;
• Developing and improving our websites and services: We process your Personal Data to analyze trends and to track your usage of and interactions with our websites and services to the extent it is necessary for our legitimate interest in developing and improving our websites and services and providing our users with more relevant content and service offerings, or where we seek your valid consent;
• Assessing and improving user experience: We process device and usage data as described in the section above, which in some cases may be associated with your Personal Data, in order to analyze trends in order to assess and improve the overall user experience to the extent it is necessary for our legitimate interest in developing and improving the service offering, or where we seek your valid consent;
• Reviewing compliance with applicable usage terms: We process your Personal Data to review compliance with the applicable usage terms in our customer's contract to the extent that it is in our legitimate interest to ensure adherence to the relevant terms;
• Assessing capacity requirements: We process your Personal Data to assess the capacity requirements of our services the extent that it is in our legitimate interest to ensure that we are meeting the necessary capacity requirements of our service offering;
• Identifying customer opportunities: We process your Personal Data to assess new potential customer opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the demands of our customers and their users' experiences;
• Registering office visitors: We process your Personal Data for security reasons, to register visitors to our offices and to manage non-disclosure agreements that visitors may be required to sign, to the extent such processing is necessary for our legitimate interest in protecting our offices and our confidential information against unauthorized access;
• Displaying personalized advertisements and content: We process your Personal Data to conduct marketing research, advertise to you, provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interest in advertising our websites or, where necessary, to the extent you have provided your prior consent (please see the "Your rights relating to your Personal Data" section, below, to learn how you can control how the processing of your Personal Data by Salesforce for personalized advertising purposes);
• Sending marketing communications: We will process your Personal Data to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent (please see the "Your rights relating to your Personal Data" section, below, to learn how you can control the processing of your Personal Data by Salesforce for marketing purposes); and
• Complying with legal obligations: We process your Personal Data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our websites, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.
• Where we need to collect and process Personal Data by law, or under a contract we have entered into with you, and you fail to provide the required Personal Data when requested, we may not be able to perform our contract with you.

Who do we share Personal Data with?

We may share your Personal Data as follows:

• With any of the providers openly listed in the Online Integrations section of the TutorCruncher system, including but not limited to

Daily.co – real-time video and audio API (https://www.daily.co/privacy)

Bramble – online tutoring (https://about.bramble.io/help/privacy-policy.html)

Groupworld – classroom software/online tutoring: (https://www.groupworld.net/privacy.shtml)

Blutick – mathematics tools powered by AI (https://blutick.com/gdpr/)

BitPaper – collaborative/whiteboarding tools (https://www.bitpaper.io/privacy-policy)

For these integrated partners, we may share information about a particular agency or account holder, along with a small amount of detail about those users availing of a particular tool (name and email address typically) under that account;

• With our contracted service providers, who provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support and data enrichment for the purposes and pursuant to the legal bases described above;
• If you use our services as an authorized user, with your affiliated customer responsible for your access to the services to the extent this is necessary for verifying accounts and activity, investigating suspicious activity, or enforcing our terms and policies;
• With third-party social media networks, advertising networks and websites, which usually act as separate controllers, so that TutorCruncher can market and advertise on third party platforms and websites
• If we are involved in a merger, reorganization, dissolution or other fundamental corporate change, or sell a website or business unit, or if all or a portion of our business, assets or stock are acquired by third party, with such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any transfer of Personal Data to an unaffiliated third party.
• We may also share anonymous usage data with TutorCruncher’s service providers for the purpose of helping TutorCruncher in such analysis and improvements. Additionally, TutorCruncher may share such anonymous usage data on an aggregate basis in the normal course of operating our business for example, we may share information publicly to show trends about the general use of our services.

Sharing and Overseas Transfers of Personal Data

Where we store your Personal Data

TutorCruncher processes and stores the Personal Data described in this Privacy Statement inside the UK mostly but also in the European Economic Area (“EEA”) and elsewhere. We have a presence in Australia, Canada, India and Switzerland, and our international reach is likely to continue to grow as new markets, customers, and opportunities arise. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Statement, EU GDPR, UK GDPR plus any localised data protection laws which apply in specific jurisdictions (recognising that our compliance with UK GDPR provides us with a highly regarded benchmark from which to build upon as we grow).

International transfers

Where we engage in some international transfers of Personal Data (those which would be considered to be outside the EEA and UK) we shall continue to make sure that appropriate safeguards are in place, such as the deemed application of standard contractual clauses approved by the European Commission. We shall continue to use these (or deem their application where relevant) and will also monitor the development of UK related standard contractual clauses by the ICO as and when appropriate and applicable.

How long do we keep your Personal Data?

We may retain your Personal Data for a period of time consistent with the original purpose of collection as above. We determine the appropriate retention period for Personal Data on the basis of the amount, nature and sensitivity of Personal Data processed, the potential risk of harm from unauthorized use or disclosure of Personal Data and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).

As a general rule in respect of Personal Data held on the TutorCruncher platform, we aim to retain such data for the duration of the contract held with a particular customer and for up to one year after the contract, after which time the Personal Data in question will be deleted.] There will be exceptions of course to this general rule for Personal Data required to be held for different legal purposes (such as board records, employee data, tax information).

After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.

Your rights relating to your Personal Data

Your rights

You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws and, in particular, if you are located in the EEA, these rights may include:

• To access your Personal Data held by us (right to access)
• To rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete (right to rectification)
• To erase/delete your Personal Data, to the extent permitted by applicable data protection laws (right to erasure right to be forgotten)
• To restrict our processing of your Personal Data, to the extent permitted by law (right to restriction of processing)
• To transfer your Personal Data to another controller, to the extent possible (right to data portability)
• To object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection
• Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"). Automated Decision-Making currently does not take place on our websites or in our services
• To the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

How to exercise your rights

To exercise your rights, please contact us by using the information in the “Contact us” section, below. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honour your request. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. If you are an employee/contractor/client/student/affiliate of a TutorCruncher customer, we recommend you contact your company's system administrator for assistance in correcting or updating your information.

Some registered users may update their user settings, profiles, organization settings and event registrations by logging into their accounts and editing their settings or profiles.

To update your billing information, discontinue your account and/or request return or deletion of your Personal Data and other information associated with your account, please contact us by using the information in the “Contacting us” section below or check out our help article How can I remove my own data as a user?

Your rights relating to customer data

As described above, we may also process Personal Data submitted by or for a customer to our cloud products and services. To this end, if not stated otherwise in this Privacy Statement or in a separate disclosure, we process such Personal Data in the role of a mere processor on behalf of a customer (and/or its affiliates) who is the responsible controller of the Personal Data concerned (see the "Responsible TutorCruncher entity" section above). We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those set forth in this Privacy Statement. If your data has been submitted to us by or on behalf a TutorCruncher customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only access a customer's data upon instruction from that customer, if you wish to make your request directly to us, please provide to us the name of the TutorCruncher customer who submitted your data to us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.

Your preferences for email marketing communications

If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails. Additionally, you may unsubscribe by contacting us using the information in the “Contacting us" section, below. Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information.

If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from TutorCruncher by clicking on the “unsubscribe” link located on the bottom of TutorCruncher marketing emails.

Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information.

How we secure your Personal Data

We take precautions including organizational, technical and physical measures to help safeguard against the accidental or unlawful destruction, loss, alteration and unauthorized disclosure of, or access to, the Personal Data we process or use.

In the event there is an occasion in future where there is an unauthorised use or breach with respect to Personal Data, TutorCruncher shall comply with UK GDPR expectations and timelines (including a 72 hour investigation and reporting window) in order to mitigate the risk to any individuals affected.

While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us by using the information in the “Contacting us” section, below.

Changes to this Privacy Statement & Privacy Updates

We will update this Privacy Statement from time to time to reflect changes in our practices, technologies, legal requirements and other factors. When embarking on a new product feature, or taking on a new third party partner, or expanding into new territories, we endeavour to capture and determine the level of privacy risk via proportionate internal consideration and screening exercises. That will then inform any updates to this Privacy Statement or to our business practices which may be required.

If we do feel changes are necessary, we will update the “effective date” at the top of this Privacy Statement. If we make a material update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our website or by contacting you using the email address you provided.

We encourage you to periodically review this Privacy Statement to stay informed about our collection, processing and sharing of your Personal Data.

Data protection officer

Our data protection officer is Tom Hamilton Stubber, Managing Director of TutorCruncher.

Contacting us and others

To exercise your rights regarding your Personal Data, or if you have questions regarding this Privacy Statement please fill out this form or mail us at:

Data Protection Officer, TutorCruncher, The Food Exchange New Covent Garden Market SW8 5EL United Kingdom.

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to formally write to the Information Commissioner's Office at www.ico.org.uk, or to the relevant data protection supervisory authority in your country of residence. The ICO can be contacted at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. They can be contacted by telephone on 0303 123 1113 or 01625 545 745.

GDPR Compliance

Data Processing Agreement

The Data Processing Agreement (DPA) is a contract between a data controller and a data processor, and covers the items required under Art. 28 GDPR. This includes the roles and responsibilities of the parties when personal data is processed.

Download DPA template between TutorCruncher and your company.

Subprocessors

To support TutorCruncher in delivering its Services, TutorCruncher engages Service Providers, Sub-processors and affiliates to assist TutorCruncher with its data processing activities on behalf of TutorCruncher Users as defined in our Services Agreement.

Due Diligence

Before engaging any service provider, we perform due diligence, including a vendor security assessment. Our service providers are subject to contract terms designed to ensure that these service providers process personal data only for the purposes of providing services to TutorCruncher and in accordance with our commitments to Users and applicable data protection laws. We have DPAs with each of these providers.

We periodically check each providers DPAs and Privacy Policies to make sure they do not change and that our customers' data is safe.

Providers

This list doesn't include information shared with one of our 3rd party integrations which you as a user can choose to connect to TutorCruncher. See their details here.