Terms of Use

 

1. Introduction

1.1          This website (“our Site”) promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.

1.2          Use of our Site is on the following terms (the “Terms of Use”). If you do not agree to these Terms of Use, please stop using our Site immediately. By accessing and using our Site you are indicating your acceptance to be bound by these Terms of Use. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on our Site about how our Site operates and the services which are available, including our Privacy & Cookie Policy and Trading Terms (if applicable).

 

1.3       We reserve the right to change these Terms of Use from time to time without prior notice by changing them on our Site.

 

2.         Accessing our Site

2.1          We cannot guarantee that our Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet-connected device.

2.2          You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any content on our Site will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

2.3          From time to time, we may restrict access to certain features or parts of our Site, or our entire Site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

2.4          We reserve the right, in our discretion, to withdraw, suspend or modify our Site or certain features or parts of our Site with or without notice to you, where we have reason to do so. There may also be times when our Site or certain features or parts of our Site become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our Site or any service available on or through our Site.

3. Using our Site

3.1          You must use our Site and the information available from our Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

3.2          You cannot use our Site:

1. for any unlawful purpose;
2. to send spam;
3. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
4. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
5. to tamper with, update or change any part of our Site;
6. in a way that affects how it is run;
7. in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
8. using any automated means to monitor or copy our Site or its content, or to interfere with or attempt to interfere with how our Site works.

4.            Intellectual property rights

4.1          All content on our Site including but not limited to text, software, photographs and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trade marks, logos or other proprietary marks, or any of the content of our Site, in whole or in part, except as provided in these Terms of Use.

5. If you provide content for our Site

5.1       If you provide any material to our Site (for example, by providing ratings and reviews, comments, articles or uploading any other content in any format (including video) (each “User Content”) you agree to grant us permission, irrevocably and free of charge, to use the User Content (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking sites.

5.2       You own your User Content at all times, and you continue to have the right to use it in any way you choose.

5.3       By providing any User Content to our Site you confirm that such User Content:

1. is your own original work or you are authorised to provide it to our Site and that you have the right to give us permission to use it for the purposes set out in these Terms of Use;
2. will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
3. does not take away or affect any other person’s privacy rights, contract rights or any other rights;
4. does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our Site;
5. will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly; and
6. will not contain any form of mass-mailing or spam.

5.4       If you do not want to grant us the permissions set out above, please do not provide any material to our Site.

5.5       We have no obligation to publish your User Content on our Site and we retain the right to remove any User Content at any time and for any reason.

5.6       We do not edit, pre-vet or review any User Content displayed on our Site. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.

6. Our liability

6.1       Although we hope our Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Site or its content, to the fullest extent such liability can be excluded by law.

6.2       There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.

6.3                    Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:

1. profits, sales, business, or revenue;
2. business interruption;
3. anticipated savings;
4. business opportunity, goodwill or reputation;
5. use of, or corruption to information; or
6. information.

 

6.4       If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:

1. use of, or inability to use, our Site;
2. use of or reliance on any content displayed on our Site; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
3. theft, destruction of information or someone getting access to our records, programs or services without our permission; or
4. goods, products, services or information received through or advertised on any website which we link to from our Site.

 

7.  General

7.1       Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

7.2        Any formal legal notices should be sent to us using the details set out on our Site.

7.3       Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.

7.4       If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.

 

8. Governing Law and Jurisdiction

 

8.1       These conditions make up the whole agreement between you and us in how you use our Site. If a court decides that a condition is not valid, the rest of the conditions will still apply.

8.2.      The laws of England and Wales apply to your use of our Site and these conditions. We control our Site from within the United Kingdom. However, you can get access to our Site from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using our Site you agree that the laws of England and Wales will apply to everything relating to you using our Site and you agree to keep to these laws. We have the right to take you to court in the country you live in.

9. How to contact us

9.1       If you experience problems with our Site or would like to comment on it, please feel free to contact us by using the details set out on our Site.

 

Privacy & Cookie Policy 

 

Introduction 

Mark Jordan Driving collects and processes your personal information in accordance with this privacy notice.  This notice provides you with information regarding our obligations and your rights in compliance with the General Data Protection Regulation (GDPR). 

Mark Jordan Driving is owned and run by Mark Jordan, whose registered office is at 11 Fairfields, Branston, Burton on Trent. DE14 3PE   

Information That We Collect From You 

We will collect data directly from you (the customer) during telephone conversations, from email, text messaging, website chat box or from your parent or anyone else that you give permission to provide such information required to book driving lessons and form a contract with us. We may also collect payment data from telephone conversations, BACS transfers or from our website ecommerce facility. 

 

How we use your personal data 

• We use your personal data to provide our services or products to you.  We may also use Customer Data to telephone, text, email and send you postal (direct mail), to ensure you are fully aware of our terms and conditions, booking confirmation and any other information we deem necessary to fulfil our contract with you.
• Our driving instructors may use driving lesson recording devices, like dashcams or similar video recording devices that are utilised to enhance your training experience. The data and footage captured may also be used as evidence in the event of an insurance claim or police investigation.  
• We use franchised driving instructors to provide you with driving lessons. Your personal data such as name, address and phone number will be passed to the driving instructor that has been allocated to provide your driving lessons. They will also receive information regarding payments made but this will not include any card details unless you choose to make a payment to them direct. 
• All of our franchisees have completed GDPR training and signed a letter of compliance for your protection. 
• Upon the successful passing of your practical driving test, it’s our standard operating practice to request a photograph that we can place on our website and social media such as Facebook and Google My Business for marketing purposes. It is your absolute right to refuse or consent to having a photo taken and for its use as part of our marketing strategy. 

 

We respect your privacy at all times. Your information will never be disclosed or shared with others without your consent, unless required to do so by law.  

• User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.  

 

• Technical Data that includes data about your use of our website and online services such as your IP address, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant content and advertisements to you and to understand the effectiveness of our advertising.  Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy. 

  

Sharing or Disclosing Your Personal Data 

Whilst we will never disclose or share your data with others without your consent, we use third party processors to provide our services; these companies will process or store your information on our behalf. 

We use the following third parties: 

• We use Theory Test Pro to provide Theory test preparation and training. For more information about Theory Test Pro please read their privacy policy -
• We use Siteground to host our website.  For more information about Sitegrounds privacy notice please read their privacy notice Siteground Privacy Policy
• We ensure all processors acting on our behalf act in accordance with this privacy notice.

 

• Links To Other Sites
  Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

Your Rights 

Under GDPR you have the right to access personal information that Mark Jordan Driving processes about you. 

You can request from us information about -  

• The personal data we hold about you 
• The categories of personal data concerned 
• The purposes of the processing 
• Details to whom your personal data has/will be disclosed 
• How long we retain your personal data 

• If we did not collect the data directly from you, information about the source 

You may also request from us the following-  

• That we update any incomplete or inaccurate data about you 
• Request that we delete your personal data in accordance with GDPR 

You may request we action your rights by contacting us at 11 Fairfields, Branston, Burton on Trent. DE14 3PE  Or by emailing us at info@markjordandriving.co.uk 

To ensure your data is protected, if we receive a request from you to exercise your rights, we will ask you to verify your identity before acting on the request. 

International Transfers  

Your personal data may be processed outside the EU by us or the third parties we use.  Your personal data may be processed in the following countries. 

• We use Siteground to host our website.  For more information about Siteground  https://www.siteground.co.uk/privacy.htm 
• We use G.mail g-suite for our email services for more information about G-suite please read their privacy policy by searching -  Google Privacy Policy
• We use Shedul for our online diary. For more information about Shedul please read their privacy notice Fresha Privacy Policy

The suppliers noted above are all part of the EU – US Privacy Shield and are GDPR Compliant 

 

Where these transfers take place, we will ensure the same high standard of protection for your personal data at all times. 

Security & Safeguarding Measures 

All personal data collected is transferred and stored securely, using industry standard encryption protocols, and approved transfer mechanisms.  Please note however, that we cannot guarantee that the measures we maintain will guarantee the security of the information. 

Our team is trained on the importance of Privacy and Data Protection and will adhere to our internal policies.  

How Long We Retain Your Data 

Mark Jordan Driving only retains personal information for as long as is necessary.  For further details on our data retention periods please contact us. 

 

COOKIE POLICY 

 

What's a cookie? 

 

• A "cookie" is a piece of information that is stored on your computer's hard drive and which recordshow you move your way around awebsite so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.     

• Cookies are used by nearly all websites and do not harm your system.

If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.  

How do we use cookies?  

• We use cookies to track your use of our website. This enables us to understand how you use the site and track any patternswith regards how you are using our website. This helps us to develop and improve our website as well as products and / orservices in response to what you might need or want. 

 Cookies are either:

- Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or  

- Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. [We use persistent cookies for Google Analytics]   

• Cookies can also be categorised as follows:

- Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and / or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.  

- Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.  

- Functionality cookies: These cookies allow our website to remember choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.  

[Please note that third parties who advertise on our website (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies]