Primary PE Passport Terms of Service

1. The Primary PE Passport User Privacy Policy
   1. During normal use of the App, evidence photos and attainment data is transmitted from the App to our data centres. This data is available on the Web Management Suite ONLY to users within the school, or setting, with the appropriate password.
   2. All staff using the App should be subject to their organisation's policy on ‘Acceptable use of Electronic Communications’. An example policy is available on request.
   3. Children featured on evidence photos should be subject to the organisation's standard, ‘Parental Permission for Photos,’ policy. An example policy is available upon request.
   4. The data stored in our data centres is used for no other purpose than to provide the services available in the App and associated website (www.primarypepassport.co.uk).
   5. DBS-checked Primary PE Passport staff may access your online account to assist with support queries. This permission can be switched off in the settings area on the Web Management Suite
   6. Your organisation agrees to allow PPEP to have regular contact with your school and school contact via telephone, email and post (where the details have been provided) in regards to the service we provide, updates, marketing and any essential information we need to communicate. Your organisation also agrees that an appropriate level of communication via the methods stated will be allowed after this trial has ended unless notified otherwise. This can be done via email to office@primarypepassport.co.uk.
2. Security Policy
   1. To avoid unauthorised access, the App can be locked with a user-defined PIN code.
   2. The App can be remotely deactivated should a device be lost or stolen.
   3. All data is held securely in the App and in our data centres within the British Isles.
   4. All email transfers use industry standard encryption. PDFs sent by email can only be read using a PIN code when you protect your App with a code.
   5. The Web Management Suite uses industry standard encryption.
   6. Website encryption is performed using a Global sign secure certificate.
   More details available upon request.
3. Data Protection
   1. In so far as required, both parties agree that they will comply with all applicable requirements of the (i) General Data Protection Regulation (EU) 2016/679 (GDPR) 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 (together, Data Protection Legislation). This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
   2. The parties acknowledge that for the purposes of the Data Protection Legislation, the school is the data controller and PPEP is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Schedule 1 sets out the scope, nature and purpose of processing by PPEP, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.
   3. Without prejudice to the generality of the opening clause, the school will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to PPEP for the duration and purposes of this agreement. 

   4. Without prejudice to the generality of the opening clause, PPEP warrants and undertakes that it shall, in relation to any Personal Data processed in connection with the performance by PPEP of its obligations under this agreement.
   5. process that Personal Data only on the written instructions of the school unless PPEP is required by the laws of any member of the European Union or by the laws of the European Union applicable to PPEP to process Personal Data (Applicable Laws). Where PPEP is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, PPEP shall promptly notify the school of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit PPEP from so notifying the school;
   6. ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the school, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development 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 its 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 it);
   7. assist the school, at the School's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
   8. notify the school without undue delay on becoming aware of a Personal Data breach;
   9. at the written direction of the school, delete or return Personal Data and copies thereof to the school on termination of the agreement unless required by Applicable Law to store the Personal Data;
   10. maintain complete and accurate records and information to demonstrate its compliance with this clause 7 (and allow for audits by the school or the school's designated auditor). ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
   11. not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the school has been obtained and the following conditions are fulfilled:
   12. (a) the school or PPEP has provided appropriate safeguards in relation to the transfer;
   13. (b) the data subject has enforceable rights and effective legal remedies;
   14. (c) PPEP complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
   15. (d) PPEP complies with reasonable instructions notified to it in advance by the school with respect to the processing of the Personal Data;
   16. The school consents to PPEP appointing additional third-party processors of Personal Data under this Agreement from time to time, provided that PPEP will give to the school a prior written 60 days’ notice to advise of any such additional third-party processors and the school does not object to the appointment of any such additional third- party processors during the 60 days’ notice period. Should the school object in writing to any such additional third-party processors being appointed by PPEP, it will have the right to terminate this agreement upon giving PPEP at least 30 days’ prior written notice in which case the school shall be entitled to the refund of the paid fee proportionate to the number of full months left from the then current initial or renewed subscription period from the termination date until the end of the applicable initial or renewed subscription period, which shall be the school’s sole and exclusive remedy if the school objects to any new third-party processor. PPEP confirms that it has entered or (as the case may be) will enter with each of the third-party processors into a written agreement substantially on that third party's standard terms of business incorporating terms which are substantially similar to those set out in this clause 7. As between the school and PPEP, PPEP shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 7.
   17. The parties may by mutual agreement revise this clause 7 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme.
   18. The school agrees to indemnify and keep indemnified PPEP and defend it at the school’s own expense against all costs, claims, damages or expenses incurred by PPEP or for which PPEP may become liable due to any failure by the school or its employees or agents to comply with any of the school’s obligations under this clause.
   19. The school shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
   20. This agreement stands as a data processing agreement between PPEP and the School. Additional information is detailed in the terms and conditions.
   21. The purpose of the data processing agreement is to provide the School with a safe mechanism for processing data. This is required for the school to receive full functionality of the Primary PE Passport app. This will benefit the School when tracking and assessing pupils’ development and achievements and having the information available to produce individual, class, year group and school reports.
   22. Organisations involved:
 The Primary PE Passport
 Data Items Required – see schedule 1.
   23. The organisations involved will only use the data provided to upload it to the app associated to the school. It will not be shared with any other body. Please see the privacy policy, security policy, data protection policy and terms of service in your original contract for more details.
4. SCHEDULE 1 Processing, Personal Data and Data Subjects
   1. Processing by PPEP
      1. Scope

         The Supplier will process the school’s Personal Data strictly in accordance with this agreement for the purpose of providing the services to the School under this agreement.

      2. Nature

         Any school Personal Data provided by the school, including non- sensitive personal data and, potentially, special categories of personal data, at the discretion of the school.

      3. Purpose of processing

         To carry out the services within and outside the EEA as directed by the school.

      4. Duration of the processing

         For as long as is necessary to comply with this agreement for the provision of services by PPEP to the school, and to comply with PPEP statutory obligations, if applicable.

   2. Types of personal data
      • As may be provided by the school from time to time, including but not limited to: - Name of child 
 - Class 
 - Year Group 
 - SEND 
 - Disadvantaged 
 - EAL
 - Gender 
 - Ethnicity 
 - Pupil Premium
      • As well as other types of Personal Data as may be submitted by the school to PPEP from time to time to enable PPEP to provide the services under this agreement.
   3. Categories of data subject

      Any categories as may be necessary for PPEP to provide its services under this agreement as may be directed by the school, including but not limited to the lead contact at school, teachers and pupils.

• Terms of Service

  Primary PE Passport Terms of Licence and Use. This Agreement details the licence we grant you and governs your use of Primary PE Passport (PPEP). By using PPEP you are agreeing, either yourself or on behalf of your establishment, to the terms that appear below whether you or your establishment have purchased or another party, for example only your Local Authority is paying for the subscription. The Headlines The headlines of our terms and conditions are below (please do take the time to read the detailed terms and conditions that follow these headlines and the fine print, as you will be bound by them and we cannot cover all the important terms in these headlines):

  • You can use PPEP with limited functionality for free, but for access to most of the features you will need to buy a subscription.
  • Your subscription is limited to the agreed setting (which doesn’t extend to chains, federations etc. unless specifically agreed in writing), can’t be transferred to anyone else, and can only be used on the number of devices that you’ve bought a subscription for.
  • When your subscription expires we’ll keep your data for 30 days, but after that we reserve the right to delete it.
  • You are responsible for keeping your passwords and logins secure and for using PIN codes where possible.
  • You are also responsible for keeping a record of all devices on which PPEP is installed.
  • We will do our best to make sure that all the information and guidance in PPEP is accurate, but this doesn’t amount to a warranty.
  • We will try to make sure that PPEP is available as close to 100% of the time as we can, but we can’t be liable for any losses that result if the service is unavailable.
  • We will do everything we reasonably can to keep your data secure and we will take all reasonable steps to comply with the requirements of the Data Protection Act. Should there be a breach of the data held by the Company we will ensure that schools are notified within 48 hours.
  • If you wish to make a legal claim which relates to your use of PPEP, the most you will be able to recover is the amount you have paid in any given subscription period for PPEP. We won’t be liable for any pure economic loss you suffer in any circumstances.
  • We have an additional Security and Privacy policy, which covers how we will use any personal information you supply us with.

• Restrictions Except as otherwise expressly provided herein, you may not:
  • copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile, modify or alter any part of the Product
  • use the Product on behalf of, share or permit to be shared, the Product with any third party
  • use or permit to be used the Product for anything other than the Purpose
  • attempt or provide a means to execute any bulk download operations, cache or otherwise store any content other than for what would reasonably be regarded as normal use including for data backup
  • knowingly use the Product in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware, spam, pornography or other offensive purposes
  • knowingly use the Product in any manner or for any purpose that violates any applicable law or regulation, or any right of any person including, but not limited to, Intellectual Property Rights, or privacy rights.
• Ownership

  The Product and all Intellectual Property Rights contained therein, are and shall at all times remain the sole and exclusive property of PE Passport.

The Fine Print

These are our legally binding Terms and Conditions applicable to all use of Primary PE Passport, which consists of a Web Suite (the Web-Suite) and an Application or App which runs on certain tablet computers and some smartphones (the Devices or Device).

1. Provision of Service
   1. The licence to use Primary PE Passport (PPEP) is granted to you by Primary PE Passport Ltd. Company number 09311471(Primary PE Passport), whose registered office is at John Walker Accountancy, 1 Davyhulme Circle, Urmston, M41 0ST. All references to us, or Primary PE Passport, in this document refer to Primary PE Passport Ltd.
   2. The free version of the PPEP App may be downloaded and used free of charge, without the use of a subscription, but in order to use the full functionality of PPEP a subscription must be purchased. By continuing to use PPEP you agree to abide by these terms and conditions regardless of whether or not a subscription has been purchased.
   3. By purchasing a subscription, you are granted a limited non-exclusive, non-transferable licence to use PPEP, including any such features as are agreed by us, and with you, in writing at the time of purchase.
   4. You may use your subscription on no more than the number of tablet devices agreed by us and with you, with you in writing.
   5. You may only use your subscription at the setting or settings explicitly agreed with us in writing. Schools or organisations that are part of chains, federations or similar collections or associations are treated for the purpose of this agreement as separate institutions. Each such organisation will require its own licence unless the contrary is explicitly agreed with us in writing.
   6. The subscription fee shall be payable on, or before, the date of commencement of your subscription. Unless otherwise stated all prices quoted to you are exclusive of VAT or other sales tax and such tax must be paid by you where legally due. If any part of the subscription fee is unpaid, we reserve the right to suspend use of PPEP.
   7. You must make all payments due without any set-off, counterclaim or any other deduction.
   8. You must maintain reasonable security measures to safeguard PPEP from access or use by any unauthorised person, including ensuring that the PIN code feature is used to lock the PPEP app on each device, taking reasonable steps to maintain security of passwords and PIN codes and log-in information. You must promptly contact us by emailing info@PrimaryPEPassport.co.uk to request password changes or deactivation if you become aware that a device has been lost or stolen; a user has left your employment, or that your security has been compromised.
   9. You must retain the PPEP App under your control and maintain a full and accurate record of the devices on which the App is located and you agree that you will produce a copy of that record to Primary PE Passport upon request.
   10. These terms and conditions (including any documents referred to within them) contain all the terms on which we provide PPEP to you. They supersede any prior promises, representations, undertakings or implications made.
   11. Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
   12. If Primary PE Passport reasonably believes that your login is being used in any way which is not permitted by this Agreement, Primary PE Passport reserves the right to cancel access rights immediately on giving notice to you and to block access from your login.
   13. We may include your name in our list of customers made available to the public and, subject to your prior written consent, may include in our marketing materials a case study concerning your use of PPEP.
   14. If you are using the free version of PPEP we do not undertake to retain any of your data. If you have paid for a subscription, we will allow you to have access to any of your data stored for a 30 day period following termination of your subscription. We reserve the right to permanently delete all such data after expiry of that 30 day period. It is therefore your responsibility to make back-ups of any data that you wish to preserve before the expiry of that period.
2. Ownership of Copyright and Intellectual Property Rights
   1. The name Primary PE Passport and the PPEP App and Web-Suite (including any images, designs, photographs, animations, video, audio, music and text incorporated into PPEP) are owned by Primary PE Passport and its partners and are protected by United Kingdom copyright laws and international treaty provisions.
   2. You may not (without prior written permission from Primary PE Passport):
      1. Attempt to circumvent the copy protection in the PPEP App or copy the PPEP App.
      2. Reverse engineer, decompile, or disassemble the PPEP app or anything on the Web- Suite.
   3. If in our reasonable opinion PPEP is, or may become, the subject of an intellectual property claim, we shall be entitled to replace or modify PPEP so that it becomes non- infringing, but is the equivalent in all material respects to its previous specification prior to modification.
   4. We shall have no liability for any intellectual property claim arising from any use of PPEP which is not in accordance with this agreement, including any modification of PPEP by you or a third party, or from the use of any version other than the most recent version of PPEP.
3. Warranties and Acknowledgements
   1. You undertake to use PPEP in compliance with all applicable laws and in a manner that does not infringe any third party rights.
   2. PPEP may include certain features designed to assist you to comply with legal or regulatory requirements or guidelines including stage objectives and outcomes. We may also provide general guidance on various topics including suggested policies. In doing so you acknowledge that you rely on such features or guidance at your own risk. It is your responsibility to satisfy yourself that PPEP, and your use of it, complies with any legal or regulatory requirements or guidelines that apply to you and that PPEP is otherwise suitable for your purposes
   3. You acknowledge that PPEP has not been produced to meet your individual specifications and cannot be tested in advance in every possible operating combination and environment, and that it is not possible to produce software that is known to be error free in all circumstances.
   4. You acknowledge that we will process personal data in accordance with our Security and Privacy Policy.
   5. Primary PE Passport will use its reasonable skill in making PPEP available to you and in ensuring its continuing availability during your subscription. However, because of the nature of the Internet and computer software and hardware, errors and omissions do occur and Primary PE Passport does not give any other warranties in respect of PPEP and do not warrant that PPEP will be available 100% of the time. Further, you should not take the accuracy of the information provided for granted and Primary PE Passport makes no warranty that PPEP is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
4. Limitations of Liability and Indemnities
   1. PPEP is provided on an ‘as is and as available basis’, and to the maximum extent compatible with the law, without warranties or representations of any kind as to merchantability, non-infringement or fitness for any particular purpose.
   2. Primary PE Passport will use its reasonable endeavours to resolve faults in PPEP during the Subscription. You agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur up to an amount equivalent to the fee actually paid or payable in relation to your use for the relevant term of PPEP. Where you using the free version, your only remedy will be to terminate your use of PPEP.
   3. To the maximum extent permitted by applicable law, in no event shall Primary PE Passport be liable for any damages which arise out of the use or inability to use PPEP (including, without limitation, damages for the loss of business profits, business interruptions, loss of business information, or other pecuniary loss), even if Primary PE Passport has been advised of the possibility of such damages. In any event entire liability to you under this Agreement, or with regard to PPEP, shall be limited to the amount actually paid for PPEP in your most recent subscription fee payment.
   4. In no event will Primary PE Passport be liable for any economic losses, loss of goodwill or reputation, special indirect or consequential losses or damage to or loss of data.
   5. Primary PE Passport shall have no liability of any kind of any loss or damage to the extent that they result from your breach of this agreement.
5. Additional Data Information
   1. We will make backups of your data, but we do not guarantee that the backups will be made at sufficient regularity for your purposes. It is your responsibility to protect yourself against the risk of damage to or loss of data by making your own backups of the data whether by frequent use of the facility in PPEP to create reports or otherwise.
   2. If you give us instructions that are, in our judgment, incompatible with the proper running of our operations, we will be at liberty to refuse to continue to provide data processing services to you.
   3. Nothing in this agreement shall prevent either party complying with any legal obligation imposed by a regulator or court.
   4. You are responsible for the data you supply to us and shall ensure that it complies with all applicable laws and is not unlawful, false, misleading, abusive or offensive.
   5. You acknowledge that PPEP and the information it extracts are dependent partly on the accuracy of the data that you supply to us. For the avoidance of doubt, we are not responsible for checking the accuracy of the data you supply to us.
6. Security
   1. We have put in place technology and procedures which are committed to keeping all data held securely and away from unauthorised access. Our operational procedures to collect and store the data in a secure manner include encryption and firewalls to protect the servers and the uploading of data encrypted [using SSL technology].
   2. We cannot guarantee the security of data transmitted via the internet and any data must be transmitted at your own risk. For this reason we do NOT encourage schools to transmit any data to us via email. We encourage all data to be uploaded via our school admin upload area which incorporates secure web technology to reduce any risk.
   3. Where login or passcode details have been supplied, you are responsible for keeping those details secure and we strongly advise that you do not share those details.
   4. We ask for correspondence to be sent only to our company email.
   5. Privacy Policy and Cookies. The information that you provide about yourself to Primary PE Passport will only be used by Primary PE Passport in accordance with its Security and Privacy Policy. We use cookies on the Web-Suite and by using PPEP you consent to the use of such cookies, full details of how we use them are contained within our Security and Privacy Policy. Please read the Security and Privacy Policy carefully and if you have any questions please email support@primarypepassport.co.uk
7. Jurisdiction and miscellaneous
   1. The English Courts will have exclusive jurisdiction over any claim arising from or related to your use of PPEP. These terms of use are governed by English law. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make as they are binding on you.
   2. If any part of these terms are unlawful, void or unenforceable for any reason such part, shall to the extent required be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of these terms and shall not in any way affect any other circumstances or the validity or enforcement of these terms.
   3. Save insofar as expressly provided in these terms, no third party may enforce any clause in these terms under the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from such Act. This document last updated 5th December 2016