DEFINITION & INTERPRETATION
1.1 The definitions and rules of interpretation in this clause apply in this Agreement.;
Accreditation: The Customer’s accreditation to run any of the Supplier’s training courses further described by an accreditation letter and certificate issued by the Supplier to the Customer;
Agreement: the contract for the supply by the Supplier to the Customer of the the Services comprising these terms and conditions and the accreditation application form;
Change of Control: all be as defined in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly;
Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 8
Customer: means the person, company or other entity named as the customer in accreditation application form
Customer Data: the data inputted by the Customer, Authorised Users, or the Supplier on the Customer’s behalf in to the Application for the purpose of using the Services or facilitating the Customer’s use of the Services
Data Controller: has the meaning given to ‘Data Controller’, or ‘Controller’ as appropriate, in the Data Protection Laws;
Data Breach: means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed
Data Processor: has the meaning given to ‘Data Processor’, or ‘Processor’ as appropriate, in the Data Protection Laws;
Data Protection Laws: any and all laws, statutes, enactments, orders or regulations or other similar instruments of general application and any other rules, instruments or provisions in force from time to time relating to the processing of personal data and privacy applicable to the performance of this Agreement, including where applicable the Data Protection Act 1998, the Data Protection Bill, the Regulation of Investigatory Powers Act 2000, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and the GDPR (Regulation (EU) 2016/679), as amended or superseded;
Data Protection Regulator: means the UK Information Commissioner’s Office, the European Data Protection Board or any successor body to either regulator from time to time or any other regulator or supervisory authority with jurisdiction over either party
Data Subject: has the meaning given to ‘Data Subjects’ in the Data Protection Laws;
Effective Date: the date the Supplier receives a completed accreditation application form from the Customer
Fair Processing Notice: the Supplier’s fair processing notice, which can be found https://www.rtitb.com/nors-forms and as amended from time to time
Fees: means the Fees outlined in the accreditation application form, and such other sums agreed in writing which are payable from time to time between the Customer and Supplier
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC as updated, superseded or repealed from the time to time
Instructor List: a list maintained by the Supplier on behalf of the Customer in the RTITB Database for each of the Customer’s Sites, of those employees, agents and independent contractors who are qualified and approved to facilitate and deliver the Supplier’s training courses and which can be amended from time to time by the Customer giving written notice to the Supplier;
Intellectual Property: means all intellectual property rights including, but not limited to, patents, trade secrets, trade marks, service marks, copyrights and other rights in works of authorship (including rights in computer software), moral and artists’ rights, design rights, trade or business names, domain names, know-how and database rights and whether any of the foregoing are registered or unregistered and all rights or forms of protection of a similar nature in any country of RTITB
NORS: means the National Operator Registration Scheme; being a database which verifies and records training details and issues certification of attendance and/or achievement
Party: means either party to this Agreement (Customer and/or Supplier)
Personal Data: has the meaning given in the Data Protection Laws
RTITB Training: means accredited training courses including course materials and assessments, which are developed or accredited by RTITB, and which the Customer is authorised to deliver in the accreditation letter issued by RTITB
Sanction Policy: RTITB’s sanction policy, as set out in Schedule 2 and updated by RTITB from time to time
Supplier: RTITB Limited. A company registered in England and Wales – Registered Number 2476398 whose registered office is at Access House, Halesfield 17, Telford, Shropshire, TF7 4PW (“RTITB”)
System: the training and assessment system provided by RTITB, including the RTITB App
Term: a period ending as outlined in the accreditation letter issued by RTITB, starting from the Effective Date
Working Day: day other than a Saturday, Sunday or public holiday in England when banks in London are open for business
1.2 Words in the singular include the plural and in the plural include the singular and reference to any gender includes the other genders.
1.3 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.4 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.5 Clause, Schedule and paragraph headings shall not affect the interpretation of this Agreement.
1.6 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.7 The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules.
1.8 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.9 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.10 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.11 This Agreement shall be binding on, and enure to the benefit of, the parties to this Agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
1.12 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.13 A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this Agreement under that statute or statutory provision.
1.14 A reference to writing or written includes fax and email.
1.15 A reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference of this Agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this Agreement) from time to time.
1.16 References to clauses and Schedules are to the clauses and Schedules of this Agreement and references to paragraphs are to paragraphs of the relevant Schedule.
2 GRANT OF RIGHTS
2.1 RTITB appoints the Customer as a non-exclusive accredited provider of RTITB training courses, to make available accredited training to all people and persons in the United Kingdom, Northern Ireland and Republic of Ireland
2.2 The grant of rights, and accreditation of the Customer, is personal and is conditional upon the Customer demonstrating that they meet and continue to meet RTITB’s requirements (as detailed in the “Accreditation” document as amended from time to time) and also conditional upon compliance by the Customer with the obligations set out in clause 4.
2.3 The Customer shall be liable to RTITB for all acts and omissions of the employees, agents and independent contractors it uses as if any such acts and omissions had been committed by the Customer itself.
3 OBLIGATIONS OF RTITB
3.1 In consideration of the payment of the Fees by the Customer to RTITB, RTITB agrees:
3.1.1 to maintain NORS to allow training information to be entered and accessed online and to provide relevant data to the Customer and other regulatory bodies as reasonably required from time to time;
3.1.2 to monitor the training provided by the Customer by means of gathering data from NORS, initial membership information, initial inspection visits/audits and thereafter by audits, inspection and visits as required to ensure quality standards are maintained;
3.1.3 to respond to emails and process applications within its published timescales
3.2 RTITB warrants it is the owner of all Intellectual Property Rights in all RTITB Training, systems and processes provided to the Customer for the provision of RTITB Training.
3.3 RTITB reserves the right at all times to audit the Customer’s performance and compliance with this Agreement, by visiting the premises at any time (including visiting to audit records or to perform mystery shopper checks), by telephoning/emailing people trained by the Customer, or otherwise as deemed reasonable by RTITB. The Customer will make individuals trained by the Customer aware that they may be contacted by as part of audits.
4 OBLIGATIONS OF THE CUSTOMER
4.1 In consideration of the rights provided under clause 2 in this Agreement the Customer agrees and undertakes as follows:
4.1.1 to ensure that RTITB Training delivered by the Customer is delivered in accordance with all RTITB requirements and criteria (as outlined in course instructor guides, course PowerPoints, supplementary information communicated in writing to the Customer, and the Accreditation Criteria as amended from time to time);
4.1.2 to provide suitable premises for the delivery of RTITB Training (as outlined in course instructor guides, course PowerPoints, supplementary information communicated in writing to the Customer, and the Accreditation Criteria as amended from time to time);
4.1.3 to maintain secure storage of training records and evidence of premises used and quality assurance records (for a period of at least six years from delivery of the RTITB Training) and provide suitable and appropriate administration;
4.1.4 to provide sufficient resources for training, teaching aids, materials and equipment including suitable systems of maintenance for equipment and vehicles (as outlined in course instructor guides, course PowerPoints, supplementary information communicated in writing to the Customer, and the Accreditation Criteria as amended from time to time);
4.1.5 to maintain policies for quality assurance, equal opportunities, Health and Safety, trainer standards/development and data protection which are appropriate for the provision of training;
4.1.6 to maintain suitable administration staff who are accountable for completing procedures for RTITB training and IT systems;
4.1.7 to provide appropriate procedures for dealing with complaints;
4.1.8 to engage appropriately qualified and experienced trainers registered with RTITB for the provision of training and maintain up to date records of instructors ensuring that training is only provided by instructors approved by RTITB (and are recorded on the Instructor List) and who have appropriate knowledge of the subject and industry and experience of delivering training;
4.1.9 to maintain, as a minimum, public liability and professional indemnity insurance as required by law and all other insurances required by law from time to time;
4.1.10 to allow RTITB or his/her representative the right to visit at any reasonable time without prior notice. As part of any quality visit the RTITB representative shall be entitled to participate in any RTITB training course which the Customer is permitted to deliver under the terms of this Agreement;
4.1.11 to take any necessary actions as reasonably notified by RTITB following a monitoring visit or audit, within the time scales indicated on any resultant action plan;
4.1.12 to abide by the sanctions (as defined in the RTITB Sanction Policy) reasonably imposed by RTITB should a significant quality issue be identified, sanctions may include suspension of training, suspension of accreditation or removal of accreditation and the forfeiture of fees;
4.1.13 to use RTITB training only as provided in this Agreement and to accurately record all RTITB training and certification of attendance and/or achievement via NORS (without falsification), to have computer systems capable of recording training and transmitting such details of training as may reasonably be required by RTITB onto a central database, and to transfer such details to NORS within three calendar months of the end of the training course;
4.1.14 to commit to ongoing review and improvement as required from time to time;
4.1.15 to co-operate fully with RTITB including RTITB’s right to audit the Customer’s compliance with this Agreement under clause 3 and to provide such information and assistance as may be required by RTITB;
4.1.16 to provide RTITB which such information as RTITB reasonably requires to enable RTITB to issue participants that attended a given course with a certificate of training;
4.1.17 to comply with the terms and conditions outlined in the Customer’s accreditation application form
4.1.18 to comply with all RTITB policies notified to it from time to time; and
4.2 The Customer shall not be entitled to exploit or enter into any commercial or other agreement to exploit any of the commercial rights or Intellectual Property Rights of RTITB other than as expressly permitted within this Agreement without the express prior written agreement of RTITB.
4.3 The Customer shall not:
4.3.1 represent itself as an agent of RTITB for any purpose;
4.3.2 pledge RTITB’s credit;
4.3.3 give any condition, warranty or representation on RTITB’s behalf;
4.3.4 commit RTITB to any contracts; or
4.3.5 use the RTITB Training materials or any Intellectual Property of RTITB for any purpose other than as expressly agreed in writing with RTITB.
4.3.6 Produce ID cards that are similar in design, colour, content or layout to RTITB’s Cards or eCards.
4.3.7 Reference RTITB in any way for training which is not successfully registered on NORS. If the training is for material handling equipment or where confusion could arise the Customer shall include a disclaimer on the certificate/ID card/evidence of attendance/training that clearly states the training is not recognised, endorsed or approved by RTITB in any way.
4.4 The Customer shall not sub-license the rights granted to it under this Agreement to any third party.
4.5 The Customer shall not, without RTITB’s prior written consent, make any promises or guarantees about RTITB Training courses beyond those contained in the material supplied by RTITB.
4.6 In exercising its rights under clause 2 above, the Customer shall:
4.6.1 exercise its obligations with best care, skill and diligence in accordance with best practice;
4.6.2 obtain and at all times maintain all necessary licences and consents and comply with all applicable laws and regulations;
4.6.3 observe all health and safety rules and regulations and any other health and safety requirements that may apply in respect of its exercise of the rights granted in clause 2;
4.6.4 not do or omit to do anything which may cause RTITB to lose any licence, authority, approval, consent or permission on which it relies for the purposes of conducting its business or which might otherwise harm the reputation of RTITB; and
4.6.5 ensure that the provisions of this Agreement are complied with and shall ensure that it has adequate procedures to monitor and securely manage user names and passwords for all people with access to its systems.
4.7 The Customer acknowledges that any breach of the above provisions can lead to the suspension or removal of accreditation and could lead to the withdrawal of accreditation
5 FEES
5.1 The Customer hereby undertakes to pay to RTITB the Fees as set out in the accreditation application form
These shall include the following:-
5.1.1 Accreditation Fees;
5.1.3 NORS Fees;
5.1.4 Follow up visit fees (if required); and
5.1.5 Any other fees which the parties may from time to time agree in writing.
5.2 All Fees shall be exclusive of VAT, which RTITB shall add to its invoices at the appropriate rate.
5.3 The parties agree that RTITB may review and increase its Fees from time to time. RTITB shall give the Customer written notice of any such increase 60 calendar days before they begin. If such increase is not acceptable to the Customer, it may, prior to the end of the then current Accreditation Year, terminate this Agreement with effect from the end of that Accreditation Year by giving notice to RTITB in writing.
5.4 Unless otherwise agreed between the parties in writing, the Customer shall pay each invoice submitted to it by RTITB, in full and in cleared funds, within 30 days of receipt to a bank account nominated in writing by RTITB.
5.5 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay RTITB on the due date, RTITB may:
5.5.1 charge interest on such sum from the due date for payment at the annual rate of 8% above the official bank rate of the Bank of England, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Customer shall pay the interest immediately on demand; and
5.5.2 suspend the Customer’s accreditation until payment has been made in full.
5.5.3 suspend the Customer’s access to RTITB systems until payment has been made in full
5.6 All sums payable to RTITB under this Agreement shall become due immediately on its termination, despite any other provision. This clause 5 is without prejudice to any right to claim for interest under the law, or any such right under this Agreement.
6 FORCE MAJEURE
6.1 Neither Party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any circumstances beyond the reasonable control of that Party (“Event of Force Majeure”) of which it has notified the other Party in writing and the time for performance of that obligation shall be extended accordingly.
6.2 If an Event of Force Majeure continues for more than sixty (60) days in a manner which prohibits performance by a Party of its obligations under this Agreement, the other Party may terminate the Agreement immediately by written notice to the Party affected by the Event of Force Majeure, and, in such event, neither Party shall have any further obligations under this Agreement.
7 TERMINATION
7.1 Either Party may terminate this Agreement at any time on not less than 3 (three) months’ notice
7.2 RTITB may terminate this Agreement forthwith in the event of any non-payment of Fees by the Customer
7.3 Either party may terminate this Agreement forthwith in the event of the following:
8.3.1 any material breach of the terms of this Agreement;
8.3.2 the other party becomes, or is reasonably likely to become, insolvent or bankrupt; and
8.3.3 the other party’s business ceasing to trade or appearing likely to cease to trade;
7.4 The Customer agrees and acknowledges that in the event of termination (for whatever reason) of this Agreement and, without prejudice to any legal rights existing at the time of termination, no Fees will be refunded.
8 CONFIDENTIALITY AND RTITB’s PROPERTY
8.1 The Customer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by RTITB, its employees, agents, consultants or subcontractors and any other confidential information concerning RTITB’s business or its products which the Customer may obtain.
8.2 The Customer may disclose such information as may be required by law, court order or any governmental or regulatory authority.
8.3 The Customer shall not use any information provided by RTITB for any purpose other than to enable it to perform the rights granted to it under clause 2 of this Agreement.
8.4 The Customer acknowledges and agrees that all Intellectual Property in the RTITB Training courses, NORS, and materials, is owned by RTITB. The Customer shall only use such Intellectual Property to the extent necessary to enable it to exercise the rights granted to it under clause 2 above.
9 WARRANTIES AND LIABILITY
9.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
9.2 Nothing in this agreement limits or excludes the liability of either Party:
9.2.1 for death or personal injury resulting from negligence; or
9.2.2 for fraud or fraudulent misrepresentation; or
9.2.3 for any liability incurred as a result of any breach of the clause as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
9.3 Subject to clause 11.2:
9.3.1 RTITB shall not under any circumstances whatever be liable for:
9.3.1.1 loss of profits; or
9.3.1.2 loss of business; or
9.3.1.3 depletion of goodwill and/or similar losses; or
9.3.1.4 loss of anticipated savings; or
9.3.1.5 loss of goods; or
9.3.1.6 loss of contract; or
9.3.1.7 loss of use; or
9.3.1.8 loss of corruption of data or information; or
9.3.1.9 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
9.3.2 In each Accreditation period or part of an Accreditation period, RTITB’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the Accreditation Fee received by RTITB in respect of that Accreditation period.
10 ANTI-BRIBERY COMPLIANCE
10.1 The Customer shall:
10.1.1 comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (Relevant Requirements);
10.1.2 have and shall maintain in place throughout the term of this Agreement its own policies and procedures to ensure compliance with the Relevant Requirements, and will enforce them where appropriate;
10.1.3 promptly report to RTITB any request or demand for any undue financial or other advantage of any kind received by the Customer, in connection with the performance of this Agreement; and
10.1.4 immediately notify RTITB (in writing) if a foreign public official becomes an officer or employee of the Customer or acquires a direct or indirect interest in the Customer (and the Customer warrants that it has no foreign public officials as officers, employees or direct or indirect owners at the date of this Agreement).
10.2 The Customer shall ensure that all of its suppliers, agents and subcontractors who perform services or provide goods in connection with this Agreement do so only on the basis of a written contract which imposes on and secures from such persons terms equivalent to those imposed on the Customer in this clause 10 (Relevant Terms). The Customer shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to RTITB for any breach by such persons of any of the Relevant Terms.
11 DATA PROTECTION
11.1 The parties shall comply with Schedule 1 (Data Protection).
12 VARIATION
12.1 No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
13 WAIVER
13.1 A waiver of any right or remedy under this Agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
13.2 No single or partial exercise of any right or remedy provided under this Agreement or by law shall preclude or restrict the further exercise of any such right or remedy.
14 INDEMNITY
14.1 The Customer shall keep RTITB indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by RTITB as a result of or in connection with:
14.2 any claim made against, or loss suffered by RTITB arising out of, or in connection with, a breach of this agreement or the negligent exercise by the Customer (including its employees, agents or subcontractors) of its rights under this agreement
15 CUMULATIVE REMEDIES
15.1 Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
16 SEVERANCE
16.1 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
16.2 If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
17 ENTIRE AGREEMENT
17.1 This Agreement and any documents referred to in it constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of this Agreement.
17.2 Each Party acknowledges that, in entering into this Agreement, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement. Each Party agrees that its only liability in respect of those representations and warranties that are set out in this Agreement (whether made innocently or negligently) shall be for breach of contract.
17.3 Nothing in this clause shall limit or exclude any liability for fraud.
18 ASSIGNMENT
18.1 The Customer shall not, without the prior written consent of RTITB, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under this Agreement.
18.2 RTITB may at any time assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under this Agreement.
18.3 Each Party that has rights under this Agreement is acting on its own behalf and not for the benefit of another person.
19 RIGHTS OF THIRD PARTIES
19.1 A person who is not a party to this Agreement shall not have any rights under or in connection with it.
20 GOVERNING LAW AND JURISDICTION
20.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
20.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
Schedule 1
DATA PROTECTION
1. DEFINITIONS
| Expression | Meaning |
|---|---|
| “Data Controller” | Has the meaning given in the Data Protection Laws; |
| “Data Processor” | Has the meaning given in the Data Protection Laws; |
| “Data Protection Laws” | Means any and all laws, statutes, enactments, orders or regulations or other similar instruments of general application and any other rules, instruments or provisions in force from time to time relating to the processing of personal data and privacy applicable to the performance of this Agreement, including where applicable the Data Protection Act 1998, the Data Protection Bill, the Regulation of Investigatory Powers Act 2000, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) as amended or superseded and the GDPR (Regulation (EU) 2016/679); |
| “GDPR” | Means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC. |
2. COMPLIANCE WITH DATA PROTECTION LAWS
2.1. The Parties shall each comply with their respective obligations under the applicable Data Protection Laws.
2.2. In respect of personal data shared under this Agreement, RTITB and the Customer shall be Independent Data Controllers in respect of training services and will each be using data for their own purposes (the Customer as employer/training deliver and RTITB as service provider). The Customer may also be acting as Data Processor for RTITB for the purposes set out in clause 2.3 below.
2.3. The Data Processor’s processing activities shall be limited to the following activity:
2.3.1. Collecting personal data on behalf of the Data Controller in order for the Data Controller to verify the required standard of training has been met and to issue certification. The personal data will be entered into the Data Controller’s online registration system (NORS) with limited access by the Data Processor.
2.3.2 Having access to the personal data on the Data Controller’s online registration system (NORS) for the purposes of administration of RTITB training.
2.4.For the avoidance of doubt the personal data collected by the Data Processor in accordance with this Agreement will be further processed by the Data Controller and its subcontractors.
3. DATA PROCESSING OBLIGATIONS
3.1. In respect of any personal data to be processed by the Customer acting as Data Processor pursuant to this Agreement, the Customer shall:
3.1.1. provide appropriate technical and organisational measures in such a manner as is designed to ensure the protection of the rights of the data subject and to ensure a level of security appropriate to the risk;
3.1.2. not engage any sub-processor without the prior specific or general written authorisation of the Data Controller (and in the case of general written authorisation) the Data Processor shall inform the Data Controller of any intended changes concerning the addition or replacement of other processors, thereby giving the Data Controller the opportunity to object to such changes);
3.1.3. ensure that any sub-processor that is engaged to process such Personal Data by the Data Processor is subject to data protection obligations that are similar to those applicable to the Data Processor under this Schedule;
3.1.4. process that personal data only to perform its obligations under this Agreement or other documented instructions from the Data Controller and for no other purpose save to the limited extent required by law;
3.1.5. at the end of the provision of services relating to processing personal data under this Agreement, at the Data Controller’s option either return or destroy the personal data (including all copies of it) immediately, unless required to store the personal data by law. For the avoidance of doubt this clause does not apply to personal data for which the Customer is a Data Controller, including training records provided from RTITB to the Customer and personal data already processed by the Customer outside of this Agreement;
3.1.6. ensure that all persons authorised to access the personal data are subject to obligations of confidentiality;
3.1.7. make available to the Data Controller all relevant information necessary to demonstrate compliance with the obligations laid out in Article 28 of GDPR and this Schedule to the extent that it is applicable and allow for and contribute to audits, including inspections, conducted by the Data Controller or another auditor mandated by the Data Controller; provided that, in respect of this provision the Data Processor shall immediately inform the Data Controller if, in its opinion, an instruction infringes Data Protection Laws;
3.1.8. taking into account the nature of the processing provide assistance to the Data Controller, insofar as possible, in connection with the fulfilment of the Data Controller’s obligation to respond to requests for the exercise of data subjects’ rights pursuant to Chapter III of the GDPR to the extent applicable;
3.1.9. provide the Data Controller with assistance in ensuring compliance with articles 32 to 36 (inclusive) of the GDPR (concerning security of processing, data breach notification, communication of a personal data breach to the data subject, data protection impact assessments, and prior consultation with supervisory authorities) to the extent applicable to the Data Controller, taking into account the nature of the processing and the information available to the Data Processor;
4. INTERNATIONAL DATA TRANSFERS
4.1. The Customer shall not transfer personal data outside the EEA or to an international organisation without ensuring adequate safeguards are in place in accordance with the Data Protection Laws.
4.2. When transferring Personal Data in accordance with paragraph 4.1 above, the Customer shall notify the Data Controller in relation to that personal data and shall document the safeguards used.
5. DETAILS OF PROCESSING ACTIVITIES
5.1. The following table sets out the details of processing as required by Article 28 of GDPR:
Authorised Sub-Processors
List the sub-processors who will process Personal Data.
Those instructors listed on the Instructor List on the RTITB database
| Purposes for which the Personal Data shall be processed
Please specify the purposes for which the Data Processor intends to process the Personal Data. |
Personal data shall be processed by the Customer for the following purpose:
|
| Description of the categories of the data subjects
Please specify the categories of data subject whose Personal Data shall be processed under this Agreement. |
Individuals attending RTITB training courses. |
| Description of the categories of Personal Data
Please specify the categories of Personal Data that shall be processed under this Agreement. |
Name, contact details, date of birth, employer name, photo, qualifications. |
| Description of transfers of Personal Data to a country outside of the EEA
Please record transfers of Personal Data outside of the EEA, recording the country and/or international organisation and, where applicable, please document suitable safeguards. |
The Customer shall not transfer personal data which it processes as a Data Processor pursuant to this Agreement to a country outside of the EEA. |
| The envisaged time limits for erasure of the different categories of Personal Data
Please specify how long you think the Personal Data will be retained for, where possible.,/td> |
The Customer shall only process personal data as a Data Processor for up to a period of 120 days from the point at which the training is completed. |
| General description of technical and organisational security measures
Where possible, please describe the measures put in place under Article 32(1) GDPR. |
The Customer shall:
|
6. RTITB Processing
6.1. RTITB shall process the data as a Data Controller for the following purposes:
6.1.1. to provide individuals receiving training pursuant to this agreement with service communications relating to their training and safety;
6.1.2. to run analytics on the personal data for the purposes of improving the services offered by RTITB, in the legitimate interests of RTITB;
6.1.3. to verify to HSE and to employers, prospective employers, and recruitment agents of an individual who has received a qualification pursuant to this agreement that such qualification was obtained.
6.1.4 to provide individuals receiving training pursuant to this agreement with marketing communications only where consent has been obtained
6.1.5 Recording and verifying completed RTITB training
6.1.6 Enabling RTITB to remind individuals receiving training of when their RTITB registration is due to expire
6.1.7 Providing training services and related services (e.g. to allow certificates to be printed, and to carry out necessary checks against fraud prevention)
6.2. Each Party shall be a Data Controller in relation to the professional contact details of the other Party which constitute personal data. These shall be processed for the purposes of performance of this Agreement.
6.3. Where personal data is provided to RTITB by the Customer pursuant to services provided under this Agreement, the Customer shall, in a form prescribed by RTITB from time to time:
6.3.1. provide the data subject with an option to consent to marketing communications;
6.3.2. record detail of any consents obtained pursuant to clause 6.3.1 above and provide evidence of such consents to RTITB; and
6.3.3. provide the data subject with a copy of RTITB’s fair processing notice.
Schedule 2 – RTITB’s Sanction Policy
Audits and Sanctions
RTITB will regularly audit your performance in order to establish compliance with accreditation criteria, and to assist you to provide the best possible training. Auditing will be conducted through visits to the site, ‘mystery shoppers’, data analysis, and through surveys with individuals who have been trained. Audits may be planned events or they may be unannounced, but in any event cooperation between all parties will help achieve the best possible result.
At the conclusion of any audit, you will receive a full report containing the findings of the audit; this will include both areas of good practice and areas that require improvement. In the event that areas of improvement are identified, RTITB will offer guidance on adjustments and changes necessary to meet the required standard within an agreed timescale. However, in the event that the required standard is not met within the agreed timescale accreditation may be removed and notification made to the Accrediting Bodies Association for Workplace Transport (ABA).
A number of audit outcomes are possible, including (but not limited to, depending on the situation):
| Level 0 | Full compliance. No shortfalls identified during audit sample. |
| Level 1 | Shortfalls identifiedA timeframe has been agreed to rectify the shortfalls and implement appropriate steps to prevent re-occurrence. |
| Level 2 | Serious shortfalls identified.Shortfalls identified are serious enough to warrant a follow up visit(s) which will be charged at a rate of £466+VAT |
| Level 3 | Evidence of maladministration identified.Direct access to the NORS Extranet suspended. During the period of direct certificate suspension, candidate registrations will only be possible in a supervised format with RTITB. The duration and level, of intervention on the part of RTITB will vary, depending on the nature of the audit findings. Follow-up visits may be required; these will be charged at £466+VAT. |
| Level 4 | Evidence of malpractice identified.Accredited status suspended. Additionally, the Accrediting Bodies Association for Workplace Transport (ABA) will be notified. Depending on the findings of the audit, follow-up visits (charged at £466+VAT per visit) may be necessary. |
| Level 5 | Evidence of serious or ongoing maladministration/malpractice.When serious or ongoing maladministration/malpractice is identified, Accreditation will be withdrawn permanently. Additionally, the Accrediting Bodies Association for Workplace Transport (ABA) will be notified. |
Appeals Procedure
In cases where organisations have their accredited status suspended or revoked, the affected organisation can appeal the decision. The appeals procedure follows a clear process:
Step 1: The organisation must submit its appeal in writing within 15 working days of the initial decision. Appeals can be emailed to standards@rtitb.com, please include subject header: ‘In Commercial Confidence, RTITB.
Alternatively, appeals can be sent through the post to:
In Commercial Confidence, RTITB
Access House
Halesfield 17
Telford
TF7 4PW
The appeal notification should include the grounds/rationale for the appeal, copies of all relevant correspondence, and any supporting information.
The managing director will, within 15 working days of receiving a non-frivolous appeal, chair a review of the appeal submission with at least two senior RTITB managers who have not been directly involved in the disputed audit or audit findings. The appeal review group will vote by majority whether to uphold or decline the appeal.
Step 2: If the appellant is dissatisfied by the result of the appeal review, they may escalate their appeal to the Chairman of RTITB. Correspondence should be sent to
In Commercial Confidence
Mike Williams, RTITB Chairman
Access House
Halesfield 17
Telford
TF7 4PW
Alternatively, correspondence can be sent via email to: mike.williams@rtitb.com, please include the subject header ‘In Commercial Confidence’.
Notification of the appellant’s wish to escalate the appeal must be received by the Chairman within 15 working days of the initial appeal review, and the correspondence should include the grounds for continued dissatisfaction, copies of all relevant correspondence, and any supporting information.
Within 15 working days of receiving notification of the appellant’s correspondence, the Chairman will take one of the following steps, depending on the nature and content of the appeal:
1. Uphold the decision of the initial appeal
2. Correspond directly with the appellant regarding the matter, in order to reach a resolution
3. Refer all correspondence to representatives of the RTITB board of directors for their review and decision — a majority vote is required
4. Call a hearing, which will be attended by the appellant and members of the RTITB board of directors.
Any decisions taken at this stage will be final.
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