Be the Business Terms & Conditions: The Productivity Programme
These terms and conditions of participation (“Terms”) apply to any participation in Be the Business Programmes (together the “Services”). The Services facilitate a relationship between parties participating in The Productivity Programme (the “Programme”).
In these Terms any reference to “you” or “your” is to a participant business leader (‘Participant’) who is the recipient of support from the Programme.
Reference to ‘Board Members’ or ‘Mentors’ are to those individuals providing support on a voluntary basis, including as part of the Inspiring Leaders Programme (“Inspiring Leaders”).
‘Be the Business’ is the trading name of The Productivity Group, a charitable company limited by guarantee with registered charity number 1173660, company number 10754958 and registered at 10 Queen Street Place, London, England, EC4R 1AG.
By participating in the Programme, you are accepting these Terms, and you acknowledge that you hereby understand the following:
- The scope of the advice given to you will only ever be of a general nature and you accept that no advice or guidance provided to you is intended to constitute or be a substitute for professional advice.
- Board members or mentors act as volunteers (“Volunteer(s)”) in providing their services and therefore act in a personal capacity; not on behalf of their employer.
- It is the role of the Volunteers to deliver the Programme in accordance with the Product Description as a minimum, leveraging their experience and case studies where appropriate
- In relation to provision of the Services, there must be no form of paid contract or paid arrangement between a volunteer and Participant, and no cash, cash equivalent or gifts shall be exchanged. Should either party want to enter into a commercial relationship, they are obliged to inform Be the Business immediately and terminate these Services.
- Be the Business may also terminate this agreement immediately and without notice to you if you are in breach of our code of conduct or any of the key policies referenced.
- In the event of unprofessional or discriminatory treatment being experienced or observed in the course of these Services, you agree to report any incident to the Be the Business team immediately at programmes@bethebusiness.com
- Participating parties will each be able to view each other's names via programme delivery processes. This information must be treated as confidential and not shared other than in accordance with delivery of the Services by you.
- To the extent permitted by law, Be the Business will have no liability towards Participants or Volunteers (howsoever arising) in relation to your participation in the Services
- During the Services, Participants and volunteers may disclose confidential and personal information to each other for the purpose of building up a relationship of support and advice. The party disclosing shall be the “Discloser” and the parties receiving the information shall be the “Recipient”.
- For the purposes of the Services, confidential information means: all know-how, data, information, trade secrets, or materials, in any form whether marked confidential or not, including but not limited to conceptions, inventions, developments, improvements, designs, techniques, technical data, market information, including sales, costs, prices, customers and suppliers, forecasts, marketing and any commercial and financial, technical and business strategic plans already disclosed or to be disclosed to Recipient by Discloser.
- A Recipient undertakes:
- not to use the confidential information for any purpose except for the purpose of the Services, without obtaining the prior written agreement of the Discloser.
- to keep the confidential information secure and not to disclose it to any third party except for the purpose of the Services and where any third party knows they owe a duty of confidence to the Discloser and are bound by obligations of confidentiality.
By participating in the Services, you acknowledge that Be the Business:
- makes no representation or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability of any Participant, Volunteer, or the Services. Any reliance a participant places upon Volunteer is therefore strictly at their own risk;
- is not liable for any false, inaccurate, inappropriate information provided by a participant, volunteer or any third party;
- is not liable to you or any other third party for any loss or damage (including, without limitation, loss of profits) arising directly or indirectly from participation in the Services.
These Terms are governed by, and are to be construed in accordance with, English law. The English Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, these Terms.
Information and Data Sharing
Be the Business is committed to protecting your personal information and will implement all appropriate technical and organisational measures to safeguard it.
Your personal information will only be used for the purposes of the programme. However, information about you may be disclosed to Be the Business team for support in the event that information shared implies that the Discloser is or may be a risk to themselves or other parties.
The organisations involved in the Programmes have a written agreement to safely share data between us and will comply with all relevant data privacy legislation.
In respect of the personal information that is processed by Be the Business, Be the Business is the data controller and we work with several third party processors in line with our privacy notice. We will only use your data to match you with someone who either needs advice and support to monitor and evaluate the effectiveness of the Productivity Programme and profiling to identify the ways we can best support businesses.
Be the Business works with partners to share best practice to benefit the business community.
If you have been referred to a Be the Business Programme by a third party, for example a membership association, business network or other business support provider, for the purposes of providing you access to a Be the Business Programme through their services or referral, Be the Business may share the following data about you with the relevant third party where you identify them as your referral source in the application question “How did you hear about us”.:
- Full name
- Email address
- Company name
- Status (e.g. registered / unmatched / matched)
If you want to opt out of this, you can do so by emailing programmes@bethebusiness.com.
The purpose of sharing the data is:
- So that the third party can understand the engagement of, and thus the value of offering this programme to those they support.
- To invite Volunteers and Business Representatives to specific events where relevant
- And to allow the third party to gather feedback from you on the Be the Business Programmes
By giving us your information, you are consenting to sharing the data listed above with us, and any organisation you identify as a referral source, for the purposes above.
We will hold your data securely on our systems for as long as you are in the programme and then delete in line with our retention schedule. Be the Business will uphold your data subject rights. If you would like more information about how your personal information is looked after, and to find out who to contact for more information, visit: Be the Business privacy notice
Controlling your personal information
You can modify your profile information at any time by emailing programmes@bethebusiness.com
These terms may be amended without notice to you. We encourage you to review these terms from time to time. We will post amendments to these terms on our website; the amendments will take effect when posted on our website www.bethebusiness.com
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1 --- 8 September 2023