Please read this page carefully and in its entirety.
Client means a business who is granted a licence to use Our Site under a Licence Agreement.
Client Member means a Member who is using Our Site in their capacity as an authorised user of a Client in accordance with the terms of the Client’s Licence Agreement.
Data Protection Legislation means the Data Protection Act 1998 and (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998. Each of us must comply with the Data Protection Legislation.
Howamigoing or we or us means How Am I Going Ltd, a limited company registered in England and Wales under company number 09616647, and the owner and operator of Our Site.
Licence Agreement means the separate written agreement between Howamigoing and a Client in respect of its use of our Site, and each Client Members’ use of our Site.
Member means a registered user of Our Site.
Our Site means the website howamigoing.com and any related subdomains, services, tools or applications provided by Us.
We have developed an online feedback platform that enables you to give professional feedback to and receive professional feedback from other people.
We may also from time to time provide supplementary professional and personal development services to you (such as recommend books, online courses or coaching) based on the feedback that you receive, and other personal information and preferences received about you while using Our Site.
By using Our Site you accept these Terms
These Terms tell you the rules for using Our Site.
By using Our Site, you confirm that: (i) you are 18 years old or older; and (ii) you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use Our Site.
We recommend that you print a copy of these Terms for future reference.
There are other terms that may apply to you
If you are a Client using Our Site, the terms of your Licence Agreement shall also apply to your use of Our Site, as well as the terms on which any of your Client Members’ use Our Site. In the event of a conflict or any inconsistencies between these Terms and your Licence Agreement, the terms of your Licence Agreement shall prevail.
We may make changes to these Terms and Our Site
We may amend these Terms from time to time. Every time you wish to use Our Site, please check these Terms to ensure you understand the Terms that apply at that time.
These Terms were most recently updated on 25 April 2018.
We may update and change Our Site from time to time to reflect changes to our users' needs and our business. We will try to give you reasonable notice of any major changes which will result in a material decrease in the functionality of Our Site.
We may suspend or withdraw Our Site
We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, however there may be some circumstances (such as security emergencies) where it may not be practicable for us to give you advance notice. We will use commercially reasonable efforts to narrow the scope and duration of the suspension or withdrawal as is needed to resolve the issue that prompted such action.
You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
You must keep your account details safe
In order to become a Member of Our Site, you must complete all of the mandatory fields in the registration page.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
Ownership of your Contributions and Feedback
By using Our Site, you will provide us with content (including personal data) which you submit or transfer to us via Our Site (your Contributions). You are the owner of all intellectual property rights in your Contributions and the contents of your Feedback.
If you are a Client Member, you give us permission to distribute your Contributions and the contents of your Feedback data to the Client (being either your employer or the company engaging you for services (as appropriate) who obtained access for you to Our Site) and/or your nominated supervisor(s) within such Client.
You will indemnify us (and keep us indemnified), defend, and hold us harmless from and against all liabilities, damages and costs (including reasonable legal fees) arising out of a third-party claim in respect of or in connection with your Contributions (including in relation to intellectual property rights in the same).
This clause is in addition to, and does not relieve, remove or replace, a party's obligations under Data Protection Legislation.
Where you are using Our Site (and you are not a Client or a Client Member) and we process any Personal Data on your behalf when providing Our Service, we each record our intention that Howamigoing is the Data Controller (where Personal Data and Data Controller shall have the meanings as defined in Data Protection Legislation).
However, where you are using Our Site as a Client Member or a Client and we process any Personal Data on your behalf when providing the Service, we each record our intention that the Client shall be the Data Controller and we shall be the Data Processor (and Data Processor shall have the meaning as defined in Data Protection Legislation) and in any such case we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under these Terms:
(a) process the Personal Data only on your written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process Personal Data (Applicable Laws). Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
(b) ensure that we have in place appropriate technical and organisational measures to ensure a level of security appropriate to the risk, in particular those from accidental or unlawful loss, destruction or damage, alteration, unauthorised disclosure of or access to Personal Data, having regard to the state of technological development, the nature, scope, context and purposes of processing (as set out in the attached Schedule as amended from time to time) the risk of varying likelihood and severity for the rights and freedoms of natural persons and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
(d) not transfer any Personal Data outside the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
- you or we have provided appropriate safeguards in relation to the transfer;
- the Data Subject (which shall have the meaning as defined in the Data Protection Legislation) has enforceable rights and effective legal remedies;
- we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
- we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data;
(e) assist you, at your cost, by appropriate technical and organisational measures, insofar as this is possible, in responding to any request from a Data Subject in respect of exercising the Data Subject’s rights in Chapter III of the GDPR and assist you, taking into account the nature of processing and the information available to us, in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify you without undue delay on becoming aware of a Personal Data breach;
(g) at your written direction delete or return Personal Data and copies thereof to you on termination of these Terms and delete existing copies unless required by Applicable Law to store the Personal Data; and
(h) make available to you all information necessary to demonstrate our compliance with this clause and allow for and contribute to audits, including inspections, conducted by or on behalf of you.
You consent to us appointing other processors as a third-party processor of Personal Data under these Terms provided that we shall, prior to such appointment, inform you of any intended changes concerning the addition or replacement of such processors. We confirm that we have entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar, as regards the obligations under the Data Protection Legislation, to those set out in this Data Protection clause. As between ourselves, we shall remain fully liable for all acts or omissions as regards the obligations under the Data Protection Legislation of any third-party processor appointed by us pursuant to this clause.
Without prejudice to the generality of this clause, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of these Terms.
Either of us may, at any time on not less than 30 days’ notice, revise this clause by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to these Terms).
How you may use material on Our Site
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Except in relation to your Contributions and the contents of your Feedback (which you may deal with as you wish), you may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use and you may draw the attention of others to content posted on Our Site.
Except in relation to your Contributions and the contents of your Feedback (which you may deal with as you wish), 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.
Our status (and that of any identified contributors) as the authors of content on Our Site (other than the Feedback) must always be acknowledged.
You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of Our Site in breach of these Terms, we reserve the right to revoke your use of Our Site with immediate effect.
We shall protect your confidential information using commercially reasonable efforts and we shall not disclose your confidential information except:
- For the Permitted Purpose; and/or
- When required by law, a regulatory authority or legal process, but only after we have (if and to the extent permitted by law) used commercial reasonable efforts to notify you and given you an opportunity to challenge the disclosure.
Do not rely on information on this site
The content on Our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.
Although we make reasonable efforts to update the information on Our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Site is accurate, complete or up to date.
We are not responsible for websites we link to
Where Our Site contains 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.
You may use Our Site only for lawful purposes. You may not use Our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of these Terms.
- Not to access without authority, interfere with, damage or disrupt any part of Our Site; any equipment or network on which Our Site is stored; any software used in the provision of Our Site; or any equipment or network or software owned or used by any third party.
The nature of Our Service is such that we will permit you, via Our Site, to interact with other individuals to obtain Feedback. We will do our best to assess any possible risks for third parties when they respond to Feedback Requests and we will decide in each case whether it is appropriate to use moderation of Our Site (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on Our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Whenever you make use of a feature that allows you to make contact with a person via Our Site, you must comply with the content standards set out below. The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of your Contributions as well as to its whole.
You warrant that your Contributions comply with the content standards, and 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 as a result of your breach of warranty.
We will determine, in its discretion, whether your Contribution or the contents of your Feedback breach the content standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive.
- Be hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another's privacy.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from us, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
When we consider that a breach of these content standards has occurred, we may take such action as we deem appropriate.
Failure to comply with these content standards constitutes a material breach of these Terms upon which you are permitted to use Our Site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use Our Site.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to Our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these content standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
We also have the right to disclose your identity to any third party who is claiming that any Contribution submitted, transferred or shared by you via Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove your Contribution or refuse to share your Feedback if, in our opinion, it does not comply with these content standards.
You are solely responsible for securing and backing up your content. Please note that from the commencement of starting to draft a Feedback Request, you will have 24 hours of idle time within your browser to complete the relevant online form otherwise your entries will lost.
We are not responsible for viruses and you must not introduce them
We do not guarantee that Our Site will be secure or free from bugs or viruses.
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 Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. 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 Site will cease immediately.
Our responsibility for loss or damage suffered by you
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.
We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Rules about linking to Our Site
You may link to Our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website unless you are permitted to do so.
Our Site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out above.
Events outside our reasonable control
Neither you, nor we, shall be liable to each other for inadequate performance to the extent that this was caused by an event outside our respective reasonable control, for example but not limited to: natural disaster, an act of terrorism, riot, government action or internet disturbance.
Which country's laws apply to any disputes?
These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except where you are a resident in a jurisdiction outside of England and Wales, you may also bring proceedings in the jurisdiction in which you are resident.
You can end these Terms at any time you want by contacting us in writing either by post to our registered address or by email (See How to contact us below).
If you are a Client Member, we will notify and require approval from the relevant Client before deleting your account.
We reserve the right to delete your account after a prolonged period of inactivity.
How to contact us
Data Processing by How Am I Going Ltd
1.1 Subject matter
Personal information supplied by you.
1.2 Nature and Purpose of processing
Online processing necessary to provide Our Service and associated support.
1.3 Duration of the processing
Until the termination of these Terms.
1.4 Types of personal data
Contact details (including name, work email address, titles and location) and any other information you choose to provide us when using Our Service (including your Contributions and Feedback data) and technical information regarding your use of Our Service.
1.5 Categories of data subject
Users of Our Service.