Leathwaite International Holdings Limited

The Pay Index terms of use and privacy statement

The Pay Index is an innovative benchmarking service which allows individuals to view market information in the context of their employment in return for submitting their own relevant information anonymously, which will be included in aggregated benchmarking information available to users. These terms of use set out the basis on which you may use The Pay Index, and the basis on which we may use any personal data that we collect from you or that you provide in relation to The Pay Index.

By using The Pay Index, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use The Pay Index. We recommend that you print a copy of these terms for future reference.

You are also responsible for ensuring that all persons who access The Pay Index through your internet connection are aware of these terms, and that they comply with them.

1. Who we are and how to contact us

The Pay Index is operated by Leathwaite International Holdings Limited (“We”). Leathwaite International Holdings Limited is registered in England and Wales under company number 05467367 and have our registered office at Equitable House, 5th Floor, 47 King William Street, London EC4R 9AF. Our main trading address is at the same address. We are also the “data controller” for the purposes of data protection and privacy law.

To contact us, please email support@thepayindex.com.

2. We may make changes to these terms and to The Pay Index

We may amend these terms from time to time. Every time you wish to use The Pay Index, please check these terms to ensure you understand the terms that apply at that time. [These terms were most recently updated on 30 January 2018.]

3. We may alter, suspend or withdraw The Pay Index or information on it

We may update and change The Pay Index in any way from time to time in our entire discretion, provided that this will not adversely affect your rights under these terms.

We do not guarantee that The Pay Index, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of The Pay Index for any reason.

4. Your account

In order to use The Pay Index, you will need to set up an account (“Your Account”). As part of the set-up of Your Account, you will be asked to provide certain information about yourself (“Your Information”). The Pay Index relies on all users’ information being kept up to date, and you must therefore update Your Information at least once (but not more than twice in relation to role, function and salary) every twelve months to ensure continued access to The Pay Index.

Your Account will allow you to access The Pay Index for an initial 12 month period from the date on which you complete the set-up of Your Account and will then auto-renew for further 12 month periods. However, if you fail to update Your Information during any such 12 month period, your ability to access and use The Pay Index may be suspended. If you then fail to update Your Information within a further six months from the end of that 12 month period, Your Account will be terminated, and you will need to re-apply to set up a new account if you wish to continue to use The Pay Index.

We will contact you before suspension or termination to alert you to this.

5. You must keep your account details safe

In order to set up Your Account and to use The Pay Index, you will need a user identification code, password or other log-in information (“Account Details”). You must treat your Account Details as confidential. You must not disclose any of them to any third party. You are responsible for all use made of The Pay Index under your Account Details.

We have the right to disable any Account Details if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your Account Details, you must promptly notify us at support@thepayindex.com.

6. Your information

There are some important points to note about Your Information:

(a) You must ensure that it is accurate, as the value of The Pay Index to you and all other users is dependent on the accuracy of all information submitted to it;

(b) You must keep Your Information up to date – your account will enable you to do this, and for role, function and salary, you can update not more than twice in any twelve month period;

(c) You retain ownership of Your Information, and you grant us an irrevocable licence to incorporate Your Information into The Pay Index, subject to our compliance with our obligations under these terms;

(d) We will only use Your Information in The Pay Index to create and make available aggregated, statistical or other non-personal information. We will not allow The Pay Index to disclose any information from which you might be identified as the source or the subject of any particular piece of information;

(e) We reserve the right not to include some or all of Your Information in The Pay Index, for any reason;

(f) We will use standard best practice measures to safeguard any of Your Information which comprises personal data for the purposes of data protection law (“Personal Data”) against unauthorised or accidental access, destruction, corruption, disclosure or other adverse event;

(g) We will not make your Personal Data available to any other person, whether via The Pay Index or otherwise;

(h) The legal basis on which we will process your Personal Data is that it is necessary for us to perform our agreement with you to provide The Pay Index to you.

(i) We may retain Your Information after the termination of Your Account under section 4 above, provided that we do so in a way that does not identify you as its source. We will ensure that, within 6 months of termination of Your Account we do not hold any Personal Data relating to you, whether by way of destruction or irreversible anonymization.

(j) Please also see sections 10 and 11 below regarding more specific data protection / privacy issues.

7. How you may use The Pay Index and its content

We are the owner or the licensee of all copyright, database rights, trade marks, domain names, design rights and other intellectual property rights in The Pay Index, and in the content made available on it. Those works are protected by laws and treaties around the world. We reserve all such rights.

You may print off one copy, and may download or screenshot extracts, of information from The Pay Index for your personal use.

You must not modify the paper or digital copies of any materials you have printed off, downloaded or copied in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You may not pass or make available any of the information that you obtain from The Pay Index to any other person, or use it for any commercial purpose, without our prior written approval.

You must not use any part of the content available on The Pay Index for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of The Pay Index in breach of these terms of use, your right to use The Pay Index will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You must not attempt to gain unauthorised access to The Pay Index, the server(s) on which The Pay Index is hosted or any server, computer or database connected to The Pay Index or our business more generally.

8. Do not rely on information on The Pay Index

The content on The Pay Index is based on information that we have obtained from numerous sources. While we use reasonable endeavours to collate that information correctly, we cannot either verify or guarantee its accuracy. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on The Pay Index.

Although we make reasonable efforts to update the information on The Pay Index, we make no representations, warranties or guarantees, whether express or implied, that the content on The Pay Index is accurate, complete or up to date.

If you have any serious concerns about information provided on The Pay Index, please contact us on support@thepayindex.com.

9. We are not responsible for websites we link to

Where The Pay Index contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

10. Data Protection / Privacy

In relation to your Personal Data that you provide to us or that we collect from you in relation to your use of The Pay Index:

(a) We will only use it for the purposes of the operation of The Pay Index, including communicating with you in relation to The Pay Index;

(b) We will not use it to send marketing or other communications to you that are not related to The Pay Index unless you have given your consent to receive such communications;

(c) For administrative purposes, we may share it with any member of our group, which means our subsidiary undertakings, our parent undertakings and their subsidiary undertakings, as defined in section 1162 of the UK Companies Act 2006, provided that they are within the European Economic Area. Any use by other group members of one group member’s personal data beyond administration will be subject to all the requirements of applicable data protection law;

(d) We will not disclose it to any other person except:

(i) If our business or assets are sold, we may disclose it to the buyer;

(ii) If we are under a duty to disclose or share it in order to comply with any applicable legal obligation, or in order to enforce or apply these terms and any other agreements, or to protect our rights, property or safety or that of others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

(e) We will not transfer it outside the European Economic Area except to you when you are located outside the European Economic Area;

(f) We will hold it for so long as Your Account is active, and will cease to hold it in any personally identifiable form within 6 months of termination of Your Account;

(g) You have various rights, including:

(i) The right to ask us not to process your personal data for direct marketing purposes, even if you have given consent;

(ii) The right to ask us for access to the personal data we hold about you (see section 11 below for further details);

(iii) The right to ask us to rectify any personal data that we hold about you that is inaccurate or incomplete;

(iv) The right to ask us to delete your personal data in certain circumstances;

(v) The right to ask us to restrict our processing of your personal data in certain circumstances;

(vi) The right to object to our processing of your personal data in certain circumstances;

(vii) The right to require us to give you the personal data we hold about you in a structured, commonly used and machine-readable format so that you can provide that data to another data controller.

11. Exercising your data protection rights

You can exercise any of the rights set out at section 10(g), free of charge, by using any applicable methods set out in our communications with you, or by contacting us at support@thepayindex.com. In respect of certain of the rights referred to above, your right may be qualified by applicable law (which we will discuss with you following your request) or we may need more information from you, which we will ask you for following your request. We may ask you to provide further information in order to confirm your identity. Please also note that if you submit unfounded or excessive (for example repetitive) requests to exercise any of these rights, we reserve the right to make a reasonable charge for providing the requested information or taking the requested action, or to decline your request.

With particular reference to your right under section 10(ii) to access data we hold about you, you are entitled to be provided with:

(a) Information as to the purposes for which we process the data;

(b) Information as to the categories of the data that we are processing;

(c) Information as to the recipients or categories of recipients to whom the data has or will be disclosed;

(d) Information as to the envisaged period for which we will store the data, or if the basis on which that period will be determined;

(e) A copy of the data (further copies are available at a reasonable charge, which we will inform you of should you request further copies). Please note that this right is subject to the rights of others in relation to their own personal data, meaning that we cannot disclose data to you if it would involve disclosing data about someone else.

We should confirm to you our fulfilment of your request to exercise your rights within one month of our receipt of your request. If your request is particularly complex or extensive, we may, within that one month period, notify you of a need to extend the period by up to a further two months.

You may have the right to lodge a complaint with a data protection supervisory authority if you are concerned that we are not respecting your rights under data protection law. As we are located in the UK, our data protection supervisory authority is the Information Commissioner’s Office (www.ico.org.uk).

12. Our responsibility for loss or damage suffered by you

Your access to and use of The Pay Index is free of charge. As stated elsewhere in these terms, the information provided by The Pay Index is for the purposes of interest and information only, you are advised not to rely on it. The following provisions are therefore considered reasonable – if you do not wish to agree to them, please do not use The Pay Index. These provisions apply to loss or damage howsoever arising, whether in contract, tort (including negligence) or otherwise.

We do not exclude or limit in any way our liability to you to the extent that it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Nor do we exclude your right to compensation under data protection law. Subject to those exceptions:

(a) OUR LIABILITY IN RESPECT OF ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, SPECIAL OR EXEMPLARY LOSS OR DAMAGE IS EXCLUDED ENTIRELY.

(b) OUR LIABILITY IN RESPECT OF ANY LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS OR OTHER FINANCIAL LOSS IS EXCLUDED ENTIRELY.

(c) OUR LIABILITY IN RESPECT OF ANY LOSS OR DAMAGE TO GOODWILL OR REPUTATION IS EXCLUDED ENTIRELY.

(d) OUR LIABILITY IN RESPECT OF ANY OTHER LOSS OR DAMAGE IS EXCLUDED ENTIRELY.

(e) OUR LIABILITY IN RESPECT OF YOUR USE OF OR INABILITY TO USE PAYINDEX IS EXCLUDED ENTIRELY.

(f) OUR LIABILITY TO OTHER PEOPLE IS EXCLUDED ENTIRELY.

(g) ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS RELATING TO PAYINDEX AND OUR AGREEMENT WITH YOU ARE EXCLUDED ENTIRELY TO THE EXTENT THAT IT IS LAWFUL FOR THEM TO BE SO EXCLUDED.

(h) IF ANY OF THE ABOVE SENTENCES ARE FOUND TO BE ILLEGAL, INVALID OR UNENFORCEABLE, THE SENTENCE(S) SO FOUND TO BE ILLEGAL, INVALID OR UNENFORCEABLE WILL BE DEEMED DELETED FROM THESE TERMS, AND THE REMAINDER OF THESE TERMS SHALL CONTINUE TO APPLY IN FULL.

13. We are not responsible for viruses and you must not introduce them

We do not guarantee that The Pay Index will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access The Pay Index securely. You should use your own virus protection software.

You must not misuse The Pay Index by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or harmful. You must not attempt to gain unauthorised access to The Pay Index, the server(s) on which The Pay Index is hosted or any server, computer or database connected to The Pay Index or our business more generally. You must not attack The Pay Index via a denial-of-service attack or a distributed denial-of service attack or anything similar. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use The Pay Index will cease immediately.

14. Our trade marks

“LEATHWAITE” is our registered trade marks in various jurisdictions, and “THE PAY INDEX” is our unregistered trade mark. You are not permitted to use those marks without our approval, unless they are part of material you are using as permitted under section 7 above.

15. Governing law and where disputes will be heard

Unless and to the extent that this section is mandatorily overruled by other applicable law, these terms, and your agreement for the use of The Pay Index, are governed by English law, and you and we both agree that the courts of England and Wales will have exclusive jurisdiction in relation to any dispute.