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General Terms & Conditions for use of website
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General terms and conditions of use of website
1. Use of our site
1.1 Your use of this website is subject to these terms and conditions ("these Conditions").
By using this site you are agreeing to be bound by these Conditions and our Privacy Policy. If you do not agree to these Conditions, do not use this Site. In addition, if you purchase any of our goods or services, then that purchase is governed by our Terms of Business (see paragraph 4 below). Please read these; they are important.
1.2 We may change these Conditions at any time without giving you notice, so please check them regularly.
2. Intellectual property rights
2.1 Except where otherwise indicated, the Material on this website is protected by copyright, database rights and other intellectual property rights that belong to Diversity Practice Limited. (DP) All DP's rights in the content and design of the website are reserved.
2.2 Notwithstanding the above, you may read, print and download material from the website - other than third-party material - free of charge, provided it is:
• for your private use or for use in the ordinary course of your business;
• reproduced accurately;
• not used in a misleading context; and,
• the source of the material is identified and the copyright status acknowledged.
2.3 However, you may not republish, disseminate or transmit any of that material, or exploit it for commercial purposes, make any derivative work, or copy it for any other purpose without first obtaining our written permission, or that of the rights owner. If you wish to seek such permission please contact: info@diversitypractice.com
3. Data protection and privacy
3.1 DP wants to protect the privacy of visitors to our website and that of our customers. Please read our Privacy Policy; it will help you to understand how we use your personal data. We may change our privacy policy at any time without giving you notice, so please check it regularly.
3.2 Whenever you give us personal data, you are consenting to its collection and use in accordance with our Privacy Policy.
4. Purchase of goods and services
4.1 Our Terms of Business apply whenever you wish to order goods or services from us.
4.2 In the event of any conflict or inconsistency between these Conditions and our Terms of Business, our Terms of Business will prevail but only to the extent necessary to resolve that conflict or inconsistency.
5. Third party goods and services and links
5.1 If you purchase goods or services from third parties, even if you have been directed from our site to them, any contract you enter into with those third parties and any use you make of their website is a matter between you and them. DP has no liability for the quality or type of services or goods provided by any third party we may mention on our site or to whom our site is linked. It is for you to make your own judgment about them.
5.2 Any information, offer or service made available by any third party on this site, or on any site to which this site is linked, is that of the author or provider, and not of DP. We do not necessarily endorse, and we are not responsible for, the accuracy or reliability of, any such information, offer or service.
5.3 DP makes no representations and gives no warranty about any other websites (other than www.f8assessment.com) or any information, offer or service on them. We have no control over their content or availability. DP will not be liable for any loss or damage caused by or in connection with use of, or reliance on, any content, goods or services available on or through any other website.
5.4 Any concern you have about any external link should be directed to that site's website administrator or webmaster.
6. Accuracy of information and disclaimer
6.1 We try to ensure that any information on our site is accurate, but we make no representations and give no warranty that any information is accurate, up to date or complete. We accept no liability for any loss or damage caused by inaccurate information or by the manner in which that information is used or interpreted by others.
6.2 If you find any inaccurate information on our site, please let us know immediately by contacting: info@diversitypractice.com
7. Our liability
7.1 Where you have purchased goods or services, our liability is governed by our Terms of Business.
7.2 We have no liability for the inability of anyone to access our site or any information, material or service on it, and we do not warrant that our site will operate without interruption.
7.3 We do not exclude or limit our liability for death or personal injury caused by our negligence or for any fraud on our part, or for any liability which cannot be excluded by law.
7.4 Subject to Condition 7.3, we will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of our site or information on it (whether direct or indirect).
7.5 Except as expressly set out in our Terms of Business (which applies only in relation to any purchased goods or services) we exclude to the fullest extent permitted by law all warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose).
7.6 The information on this site is not intended to address your particular requirements; it does not constitute any form of advice or recommendation by DP and is not intended to be relied upon by you in making (or refraining from making) any decisions. Where appropriate you should take professional advice.
8. Privacy Policy
DP is committed to protecting your privacy. Simply visiting DP's websites does not require you to reveal personal information. But if you ask us for information, order goods or services, register with us, use our services or report a problem, we collect any personal information you submit to us, and details of the transactions between you and us. In addition, we store information you may give us about your interests, or we may learn about these from your use of our goods and services. This statement explains how we use the information that you give us.
Please do not send us any personal data about anyone else without their permission.
Whenever you give us personal data via our website, you are consenting to its collection and use in accordance with our privacy policy.
Uses made of information collected
The personal information that we collect is used:
• to provide you with goods and services;
• for customer administration;
• for mailing information to you about our other goods and services in which you may be interested, including our regular newsletter;
• to provide, on request, personalised computer-generated reports via our Factor 8 Different Leaders assessment service;
• to personalise our service to you;
• to seek your views on products and services;
• for technical administration of our websites.
We also:
• use data collected through completion of our assessment tool to produce statistics for research purposes.
The data is used only in an anonymous form; no individual is identified.
Right to opt out of direct communications
If you do not wish DP to use your personal information for direct marketing of our goods and services, please notify us by email. (See Contact us.)
Please note, however, that occasionally we may need to communicate with you for administrative or operational reasons.
Cookies
'Cookies' are pieces of information stored by a user's web browser and stored on your hard drive, which help to identify the user when he or she visits a particular web page; this enables the visit to be personalised, eg to simplify the login process for registered users. DP's websites use cookies, but it is possible to turn off the cookie function (see the Help menu on your browser for details). However, if you do this, it will restrict the services you can use or our site may not work as well as we intend.
We only use cookies to give us information about the number of visitors to different parts of our website – we do not use them to identify you as an individual, but only to enhance your visit to our site.
Security and disclosure
We are committed to ensuring the security and integrity of personal information that we hold and have put in place appropriate technical and organisational safeguards to ensure this. We welcome updates at any time from our clients and enquirers relating to information that we hold about them.
We will not disclose your personal information to third parties except:
• as necessary to fulfil your order(s) for our goods and services and to validate your payment details;
• to suppliers that process data on our behalf;
• where we believe, in good faith, that it is necessary to comply with the law or to protect the safety of DP, our customers or their clients, or the public.
Some of these third parties may be located outside the European Economic Area, eg credit card processing companies.
However, where a Different Leader completes the Factor 8 Different Leaders Assessment Tool under the direction of one of our qualified customers, and DP performs a service scoring that instrument for the customer, we will send the Different Leader’s results to that customer in order that they may give appropriate feedback to the individual who took the instrument.
We may also provide your personal data to anyone to whom our business or business assets are transferred.
We may use and disclose aggregated and anonymised information for marketing, product development, strategic or research purposes. In such data, no individual customer will be identifiable.
As with all electronic communication, when you give us personal data by that means, the data may be sent electronically to servers anywhere in the world and may be used, stored and processed anywhere in the world, including countries outside the European Economic Area (many of whom do not have stringent data protection laws).
Whenever and wherever we collect, process or use personal data, we take steps to ensure that it is treated securely and in accordance with our privacy policy.
Links to other sites
This policy applies only to information collected by DP. Links within our sites to those of other organisations are not covered by this policy.
Contacting us
This is the website of the Diversity Practice Ltd. If you have any questions about DP's privacy policy, or wish to opt out of direct marketing or you wish to request any information about your personal data, please e-mail: admin@diversitypractice.com
Changes to this policy
This privacy policy was produced in June 2009. The Diversity Practice Ltd reserves the right to modify or update the policy from time to time.
The Diversity Practice Ltd
DLC House
64 Upper Mulgrave Road
Cheam, Surrey, SM2 7AJ
Company Number 04686481.
Copyright
Except where otherwise indicated, the material on this site is protected by copyright, database rights and other intellectual property rights that vest in the Diversity Practice Limited. All DP's rights in the content and design of the website are reserved.
Notwithstanding the above, users may read, print and download material from the website - other than third party material - free of charge, provided it is:
• for research, private study or for internal circulation within an organization;
• reproduced accurately;
• not used in a misleading context; and,
• the source of the material is identified and the copyright status acknowledged.
However, you may not make any profit from the use of that material and you may not republish, disseminate or transmit any of that material, exploit it for commercial purposes, make any derivative work or copy it for any other purpose without first obtaining our written permission or that of the rights owner. If you wish to seek such permission, please contact: admin@diversitypractice.com
General
8.1 No delay, neglect or forbearance on the part of DP in enforcing any of these Conditions will be or be deemed to be a waiver or in any way prejudice any right of DP.
8.2 If any of these Conditions is, for any reason, held to be unenforceable, illegal or otherwise invalid in any way, the unenforceable, illegal or invalid provision will not affect any other Condition and those Conditions will continue in full force and effect.
8.3 These Conditions are governed by English law and you agree you will only sue us in the courts of England. The place of performance of the contract will be England.
8.4 No addition to or modification of any provision of these Conditions will be binding on DP unless made in writing and signed by its duly authorised representative.
9. Further information
9.1 If you wish to raise any query, please contact: info@diversitypractice.com
9.2 The Diversity Practice Ltd. is a company registered in England which has the registered number 04686481.
9.3 Our registered office is at:
Hillview, 22 The Drive
Coulsdon, Surrey
CR5 2BL
Guidelines for Ethical Use of Tests & Questionnaires
Adherence to ethical standards in using any assessment tools psychometric instrument is important to protect and preserve respondents' rights, as well as the integrity of the instrument. Registered Users of DP's assessment tools are expected to achieve high standards in administering and interpreting the tools, and in protecting the relevant copyright and trade marks. Registered Users who can be shown to have contravened the guidelines set out below may be refused access to any further DP Restricted Materials, and they may be asked to return any Materials in their possession.
We respectfully remind Licensed Users of questionnaires of obligations that form part of an assessment procedure. These are:
• To follow the administration, scoring and interpretation instructions contained in the manual of the instrument concerned, to ensure that tests and questionnaires are properly used
• To ensure that no unqualified person is allowed to administer, score or interpret our 360 assessment tools
• To tell respondents how long data (eg results) will be kept on file, and indicate to whom and under what circumstances data will or will not be released
• To take reasonable steps to keep individuals' results confidential, only divulging them to someone other than the respondent when there is legitimate cause and with the respondent's full knowledge
• To observe all applicable laws on the protection of personal data
• When communicating results, to ensure that their implications are clear to the recipient, and to explain the limitations of the assessment tools in any report
• To use their best efforts to see that the respondent receives adequate information about the theory on which the test or scales are based and appropriate feedback on his or her results, preferably in a face-to-face setting
• Never to contravene copyright law by photocopying, computerising or adapting any part of a test or indicator, proprietary scoring system or its profile form
• To take corrective action where bad practice or breach of copyright or infringement of trade mark is evident in their organisation
• To review results regularly, including the outcome of decisions taken on them, and to pay attention to differences between groups, in particular those of a different race, gender, ethnic background or who are disabled
Where a Licensed User moves to a new employer or a new section of their existing employer, and is unable to take with him or her any Restricted Materials in his or her possession, it is the Licensed User's responsibility to ensure that the Materials are not left in the care of an unqualified person. It may be possible, for instance, to pass them on to a colleague who is registered with DP and is qualified to use the relevant Restricted Materials. In the event that there are no known qualified individuals registered with DP to whom the Restricted Materials may be entrusted, Registered Users may wish to contact DP Client Support Team to discuss possible return for credit of resaleable unopened packs of current Materials.
Further information on some of the issues raised above is given in the appendices that follow.
Appendices to Guidelines for ethical use of tests and questionnaires
Appendix I - Additional guidelines for the ethical use of the F8 Different Leaders Assessment Tool (F8DLAT)
Commitment to the constructive use of individual differences
F8DLAT practitioners are committed to using the F8DLAT to support the self-awareness and development of individuals and teams. The F8DLAT should never be used to assess ability or to restrict or limit an individual's options.
Administration and dissemination of results
The taking of the F8DLAT should always be voluntary. Administration should preferably be done face to face or on the telephone, but postal administration is permissible, as is administration by e-assessment. Feedback of the F8DLAT results should always be provided in a full and complete manner and may be provided in group or individual settings. Whilst the self assessment version of the tool results in an immediate electronically generated report delivered direct to Leader, it is not sufficient to provide feedback of on the 360 assessment tool by sending an electronically generated report through the mail.
Appendix III - Proper use of trade marks
DP produces many Materials under exclusive licence. DP asks that its trade marks and those of its suppliers be acknowledged. It also offers the following practical advice about the legal protection of trade marks:
The TM symbol represents a trade mark, while the ® symbol represents a trade mark legally registered in a particular country or countries.
The appropriate symbol (TM or ®) should appear by the first reference to the trade mark within any document, or in the first place where it is used prominently.
A footnote legend, indicating the ownership of the trade mark, should be put at the bottom of the page or at the end of the text or document. It is normal to use small print for the footnote.
If it is not possible to reproduce the TM or ® symbol, use an asterisk after the trade mark and to precede the footnote legend.
Note that the terms "Factor8 Different Leaders Assessment Tool®" and "F8DLAT®" are both registered trade marks. If they are both used within a document, then the ® symbol should appear by the first reference to each. These trade marks are registered with respect to software, printed matter and the training of people in use of our products.
This advice applies particularly to consultants referring to trade marks within their proposals, client reports, promotional literature or advertising.
Appendix IV - Copyright
General
Breach of copyright is theft of property and no aspect of DP's copyright or the copyright of its licensors should be infringed.
It is an infringement of copyright to make a copy of any test or questionnaire component. The reproduction of the following materials by any means is an offence, whether or not the reproduced materials are sold:
• Manuals and related texts
• Question booklets and all questionnaire items, whether singly or in a group
• Answer sheets
• Client report or feedback forms
• Profile charts as they appear on report forms
• Score keys/patterns of answers
• Software programs and accompanying documentation
• Training materials
(This list is not intended to be exhaustive.)
A publisher's copyrights are its most valuable property. Copyright protects authors' creative effort and the integrity of its materials. Any infringement of copyright severely affects the ability of publishers to produce materials economically. The resulting loss of income reduces the funding available for research and development of new instruments, and leads to poorer updating services.
Computer software
It is also illegal to incorporate any of the components listed above into computer software used for the administration, scoring and interpretation of a questionnaire or test. The profile chart as it appears on published forms is also a copyright work, and it may not be used in a computer presentation system - even one that simply generates reports when data (scores) are input into a computer.
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