KnowledgeBrief Policies

Inspiring leadership at all levels

We empower great leaders and managers through applied learning experiences

Core KnowledgeBrief policies for the safe and effective learning experience for you and everybody involved.

Statement of British Values

We follow governmental principles on British Values throughout college, these are:

Liberty

The freedom to live as you wish and go where you want.
Helping you to making informed choices.
Taking responsibility for your choices and exercising them safely.
Making sure you know your rights.

Rule of Law

Fairness in the way people are dealt with.
Exploring the laws that govern and protect us.
Understanding the consequences if these rules are broken.
Considering that these may be different from religious laws.

Democracy

The belief in freedom and equality between people.
A broad general knowledge & respect of public institutions and services.
Helping you to influence decision-making through the democratic process.
Explaining the advantages and disadvantages of democracy.

Mutual Respect

Tolerance of those with different respects and beliefs.
Understanding how your behaviour has an effect on your own rights and those of others.
Respecting other people’s differences, other cultures and ways of life.
Challenging prejudicial or discriminatory behaviour.

Statement of British Values, v1, 23/07/2018

Equality and Diversity Inclusion Policy

What is the policy about?

Equality and Diversity rights and responsibilities are enshrined in law (the Equality Act 2010) and are clearly important in the creation and maintenance of a harmonious society and working environment. KnowledgeBrief (KB) are committed to treating everyone fairly, we respect and value the diversity of our learners, clients, employees, suppliers, partners, employers and all other people we work with.


Why is it important?

KnowledgeBrief has a positive, outcome-based view of equality, diversity and inclusion (ED&I). The legal and moral drivers for ED&I are clear. Yet, there are also very positive business benefit drivers for ED&I. Our research into high performing organisations and across the services we provide, is that ED&I are essential conditions for effective business innovation and change. We see the real benefits that multiple perspectives bring to problem solving and ideation. We have learnt that advanced organisations actively design teams to feature ED&I so that they function effectively through the innovation lifecycle – and far better than teams that do not. We understand the role of ED&I in the development and sustaining of a vibrant and high potential culture of innovation.

Multiple sources and many our clients note that effective 21st Century leadership is defined by openness, collaboration and engagement, with organisational forms emerging to suit this less hierarchical, control-focused way of working. ED&I, drawing on all the talents, is again a feature of today’s open, future- & change-focused leaders. At the same time, many organisations see talent attraction, development and retention as a critical component of great performance and, where sought, competitive advantage. The lack of ED&I is now more widely recognised as a serious detriment to organisational health. KnowledgeBrief’s own experience in this field is positive. From the beginning, the company’s founders have actively recruited people with diverse backgrounds to create an international, inclusive and diverse organisation that lives innovation as a core value. We believe in ED&I not least because it works for us.


KB Application

We will strive to ensure that learning and recruitment opportunities are available to all. No individual will be excluded from a learning or recruitment opportunity on the grounds of their age, disability, sex, gender identity, race or ethnicity, sexual orientation, pregnancy and maternity, religion or belief, or marriage and civil partnership.

This policy applies to:

  • actual and prospective learners (‘learner’ is used as a common term to also denote client and customer where appropriate),
  • employees (individuals who work for the company either on a permanent, temporary, contractual or voluntary basis),
  • employers (individual or organisations who are in receipt of KnowledgeBrief services).

We will:

  1. Provide learning and working environments that respect difference and protects the diversity of those working within them.
  2. Raise individual awareness of the importance of equality and diversity and good relations between people of different groups.
  3. Develop the awareness and skills of individuals to promote fairness, inclusivity and good relations.
  4. Support all learners as far as reasonably possible to pursue the learning programme.
  5. Strongly encourage suitably qualified applicants from a wide range of backgrounds to apply and join KB.
  6. Ensure that everyone is enabled to achieve positive outcomes, whatever their background.
  7. Ensure fair and equal access to learning and recruitment and take action to promote equality.
  8. Make reasonable and practicable adjustments to enable individuals to participate in recruitment, learning or work. Where this is not feasible, we will identify alternative options/solutions.
  9. Provide KnowledgeBrief services only to employers who support our commitment to equality and diversity and comply with related requirements

Disclosure and additional support provisions

Before starting and during learning/employment, individuals will be given opportunity (in confidence) to disclose any disability or learning difficulty they may have. This is to ensure we put in place additional or alternative support. We will explain why this information is being sought and how it will be used.

Where a learner or employee declares a disability, reasonable steps will be taken to accommodate this by making reasonable adjustments. In circumstances where this is not possible, we will identify alternative options/provision.

Induction and Equality Training

All individuals will receive an induction into their learning/employment and working environment. We will make everyone aware of our commitment to equality and diversity, and how to make us aware of any dissatisfaction or concern.

Learning and Working Environment

We are committed to creating open and conducive learning and working environments where everyone has the right to be treated with dignity and respect. We are opposed to and will not tolerate any form of bullying, harassment or unacceptable behaviour. We will ensure all individuals have clear routes to report incidents and/or concerns and for these to be managed fairly and fully.


What do I need to do?

All KB people are expected to:

  • Communicate and behave with courtesy, kindness and respect and in accordance with our policies and procedures
  • Inform their manager if they have any additional needs or are experiencing difficulties in learning or working with us
  • Value and respect individual differences and the contributions of others
  • Maintain a safe and secure learning and working environment
  • Let the management team know immediately if they are unhappy with any aspect of learning or working with KnowledgeBrief or have witnessed anything of concern.

Complaints / Grievances

We will make all individuals aware of the steps to follow should they wish to raise a concern, grievance or make a complaint. We will aim to resolve any concerns or problems as quickly as possible and if we cannot resolve it, we will explain why and say what we can do.

  • For learners: The quickest and easiest way for a learner to raise a concern or make a complaint is to do so via their tutor, or supervisor.
  • For employees: The company will take any complaint seriously and will seek to resolve any grievance which it upholds. KB won’t penalise employees for raising a grievance, unless the complaint is both untrue and made in bad faith. Any employee (found to be) breaching this policy will be regarded as behaving in a manner that constitutes an act of misconduct and will be dealt with through the disciplinary procedure.
  • For employers: If you wish to make a complaint or raise a concern of unlawful discrimination, bullying, harassment and/or unacceptable behaviour by a KnowledgeBrief employee, you should contact the Head of Programmes.

If you wish to make a complaint or raise a concern of unlawful discrimination, bullying, harassment and/or unacceptable behaviour by a KnowledgeBrief employee, you should contact the HR department.


Miscellaneous

Sources and Further Reading

Equality Act 2010
Equality and Human Rights Commission

Relevant KB Policies and Documents

Diversity & Inclusion Strategy 2021-22
Bullying & Harassment Policy
Complaints Policy and Procedure
Grievance Procedure
Health & Safety Policy
Recruitment Policy
Whistleblowing Policy

KB Policy For Equality & Diversity v1.4, 03/02/2021

KnowledgeBrief Complaints Procedure

What is the policy about?

This policy outlines the procedure to be followed by apprentices and employers of apprentices to make a complaint about services provided by KnowledgeBrief.

We will make all individuals aware of the steps to follow should they wish to raise a concern, grievance or make a complaint.

Complaints relating to other policies, such as Safeguarding, may be processed in accordance to the Safeguarding Policy.

Why is it important?

KnowledgeBrief is dedicated to delivering a high-quality service and takes feedback from both apprentices and employers very seriously. It is KnowledgeBrief’s aim to settle complaints promptly, fairly and courteously in the best interest of all parties, and to address areas where improvement is required. KnowledgeBrief is keen to ensure that the interests and well-being of all those associated with a complaint are properly safeguarded.

KnowledgeBrief will:

  • be receptive to genuine expressions of dissatisfaction,
  • deal with complaints promptly and fairly,
  • learn from complaints and make changes where necessary,
  • promote equality and diversity.

Apprentices and employers can be assured that formal submission of a complaint will not prejudice any opinion of the apprentice or employer or be used to adversely affect any later dealings with the apprentice or employer.

Responsibility and implementation

The HR Manager has overall responsibility for the effective operation of the policy and for ensuring compliance with the relevant statutory framework.

Leaders and Managers have a specific responsibility to ensure the fair application of this policy and all employees are responsible for supporting colleagues and ensuring its success.

KnowledgeBrief aims to handle complaints in a manner which:

  • encourages informal conciliation nearest to the source of the complaint,
  • is efficient and fair,
  • treats complaints with appropriate seriousness, sympathy and confidentiality,
  • facilitates early resolution,
  • where relevant, ensures that KnowledgeBrief practice improves as a result.

For effective oversight of processes and provision, KnowledgeBrief’s Senior Management Team will monitor the complaints received to check for evidence of trends in failure of provision or delivery. An anonymised summary of complaints on record and how they have been managed will also be reported bi-annually to the Advisory Board.

Key Terms

An ‘informal complaint’ is defined as an issue which an apprentice or employer wishes to raise with a member of KnowledgeBrief staff, without using the formal complaints process. Informal complaints are usually quick to resolve and unlikely to require an in-depth investigation.

A ‘Complaint’ is defined as ‘an expression of dissatisfaction about KnowledgeBrief’s action or lack of action, or about the standard of service provided by, or on behalf of KnowledgeBrief’.

Application

Who can use the complaint procedure?

Apprentice or employer of apprentices on one of KnowledgeBrief’s apprenticeship standards may use this procedure.

A group of apprentices may use this procedure to make a collective complaint provided that one apprentice identifies him/herself as the main contact for purposes of communication.

Anyone wishing to make a complaint is encouraged to do so personally. Anonymous complaints will not be considered unless there are exceptional and evidence-based reasons to do so. In many circumstances, raising a concern anonymously could impede investigation and communication of the outcome.

Procedure

The process for raising a complaint by an apprentice or employer is detailed below:

Stage 1: Informal complaints

Where possible, complaints should be raised immediately. The quickest and easiest way for an apprentice or employer to raise a concern or make a complaint is do so via their Skills Coach. Complaints from an apprentice or employer can also be raised with the Head of Delivery Excellence ([email protected]) or via [email protected]. The aim is to resolve the problem directly and informally at the earliest opportunity. It is anticipated that the vast majority of complaints will be resolved in this manner.

Acknowledgement of the complaint will be provided within 48 hours, and a full response given within 10 working days.

Although Stage 1 is informal, a written outcome should be recorded by the Head of Delivery Excellence on the Customer Relationship Management (CRM) system.

If the apprentice or employer is unable to raise the complaint at the source, or is dissatisfied with the outcome, they should make a formal complaint (see Stage 2 below).

Stage 2: Formal complaints

To make a formal complaint an apprentice or employer should put the matter in writing to KnowledgeBrief by email to [email protected], ensuring the word ‘complaint’ is in the subject line, copying in the Head of Delivery Excellence Team ([email protected]).

The email should set out the details of the complaint in full and what would be an appropriate resolution. The apprentice or employer should provide evidence if appropriate.

The Head of Delivery Excellence will log the complaint on the Customer Relationship Management (CRM) system.

KnowledgeBrief will acknowledge receipt of the complaint within 48 hours, and the complaint will be forwarded to an ‘Investigating Officer’ who has not been previously involved with the complaint. The Investigating Officer will be a member of the Senior Management Team. The Investigating Officer will review all information submitted and meet with relevant members of staff to review the complaint. The Investigating Officer will also speak with the apprentice or employer complainant to clarify facts where required. As part of the process, mediation may be offered to resolve the complaint. If mediation is offered, revised timescales for the resolution of the complaint will be agreed in writing between KnowledgeBrief and the complainant.

A written response relating to the findings of the inquiry will be issued by the Investigating Officer within a maximum of 10 working days from the date of receipt of the original complaint.

If the apprentice or employer complainant is not satisfied with the action taken, he/she may proceed to Stage 3 of the procedure (see below).

Stage 3: Review

Where apprentices or employers are not satisfied with the response provided by KnowledgeBrief at Stage 2, upon request the complaint can be escalated for investigation to the board of Directors for review. A formal response will be sent within 10 working days to resolve the complaint or offer an Action Plan.

Stage 4: Complaints Adjudicator

If after exhausting this process the apprentice or employer complainant is still not satisfied, they can escalate their complaint to the Complaints Adjudicator at the Education and Skills Funding Agency (ESFA).

[email protected]
Telephone: 0800 015 0400 or 0247 682 6482

Please note that the ESFA will not usually investigate complaints more than 12 months after the original decision or action has been taken.

EN 2A KB Complaints policy v1.3, 07/11/2019

Anti-bullying and Harassment

What is the policy about?

Harassment is unwanted conduct which violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. It may be on the grounds of sex, marital status, race, disability, religion or beliefs, sexual orientation, age or gender reassignment. For the purposes of this Policy this list should be considered non-exhaustive, and harassment or bullying on any grounds will not be tolerated by the Company. Harassment may be persistent or an isolated incident, obvious or subtle, face-to-face or indirect.

KnowledgeBrief (KB) wishes to provide a stimulating and supportive working environment which will enable its staff to fulfil their personal potential and creativity. Such an environment cannot exist where any member of staff is subjected to harassment, intimidation, aggression or coercion.

Also, KB wishes to ensure an open, transparent and safe working environment where all KB people feel able to speak up. Hence KB is committed to listen to the important concerns of all KP people. In instances about important concerns or knowledge of wrongdoing “blowing the whistle” the escalation route is the same as for harassment or bullying outlined in this policy.

Why is it important?

KB is fully committed to the principles of equality and diversity in the workplace and regards harassment as a form of discrimination. As such KB will not tolerate any form of bullying or harassment. The legal and moral drivers for preventing bullying and harassment are clears. Yet, there are also very positive business benefits: our research into high-performing organisations and across the services we provide, is that a working environment providing psychological safety enhances business performances. We have learnt that advanced organisations actively design safe working environments, where people can thrive and contribute more and better to the organisational objectives.

What is harassment?

Examples of behaviour which may constitute harassment or bullying include (but are not limited to):

  • spreading malicious rumours; professional or social exclusion; insulting behaviour;
  • unwelcome sexual advances or physical contact; unfounded threats relating to job security;
  • calculated undermining of an employee’s competence, for example through a consistently unreasonable or unfair workload, overbearing supervision or unnecessary circulation of critical memoranda;
  • physical assault;
  • verbal abuse, threats, derogatory name-calling, ridicule, insults and offensive or embarrassing jokes;
  • offensive emails, texts or visual images;
  • derogatory graffiti/insignia or display of derogatory or offensive material; and inciting others to commit any of the above.

What is whistleblowing?

Whistleblowing is the term used when an employee passes on information concerning wrongdoing. The wrongdoing will typically (although not necessarily) be something they have witnessed at work. To be covered by whistleblowing law, an employee who blows the whistle must reasonably believe two things: (1) They are acting in the public interest. This means in particular that personal grievances and complaints are not usually covered by whistleblowing law. (2) An employee must reasonably believe that the disclosure tends to show past, present or likely future wrongdoing falling into one or more of the following categories:

  • criminal offences (this may include, for example, types of financial impropriety such as fraud);
  • failure to comply with an obligation set out in law;
  • miscarriages of justice;
  • endangering of someone’s health and safety;
  • covering up wrongdoing in the above categories.

KB Application

This policy applies to:

  • actual and prospective learners (‘learner’ is used as a common term to also denote client and customer where appropriate),
  • employees (individuals who work for the company either on a permanent, temporary, contractual or voluntary basis),
  • employers (individual or organisations who are in receipt of KnowledgeBrief services).

We will:

  1. Provide learning and working environments that respect difference and protects the diversity of those working within them.
  2. Raise individual awareness of the importance of preventing bullying and harassment.
  3. Consider recognised act of bullying and harassment as disciplinary offence and may constitute gross misconduct.
  4. Ensure that everyone can access clear and transparent procedures to log complaints and grievances.
  5. Demonstrate, through visible leadership at all levels of the organisation, that we welcome and encourage all KB people to make disclosures.

What do I need to do?

All KB people are expected to:

  1. Be responsible for their own behaviour and should ensure that they comply with this policy at all times.
  2. Any employee who feels that they have been subjected to harassment or bullying by any other member of staff, or a third party, or have an important concern, should raise the matter as soon as reasonably practicable.
  3. Inform their manager or Director Justin Gowen in the absence of that manager or where their complaint is against that specific manager.
  4. If the complaint is against directors, inform Head of Business & Performance Management, Katherine Raleigh. Any issues should be raised internally first.
  5. As a Manager, be responsible for implementing this Policy and bringing it to the attention of employees.
  6. As a Manager, take any complaint seriously and deal with it promptly, confidentially, fairly and consistently.

Complaints / Grievances

Informal Procedure

If the employee feels able, they should speak up at the time when they feel harassed or bullied. It is important to be direct and for the employee to state explicitly that they feel they are being harassed and that the behaviour is unacceptable to them. The employee can also discuss the matter with another colleague or their supervisor and ask them to speak to the harasser on their behalf. Where the informal procedure has not resolved an employee’s complaint, a formal grievance can be raised by the employee.

Formal Procedure

Any employee who feels that they have been subjected to harassment or bullying may at any time decide to deal with the issue through formal procedures, regardless of whether informal steps have been taken or not.

They could write a letter which clearly identifies the offending behaviour and requests that it stops immediately. The employee should sign and date any such letter and ensure that a copy is kept for any possible future formal complaint. It is also advisable that the employee keep an ‘incident diary’ of any offending behaviour. Where employees are not happy with the outcome of the formal grievance procedure they can appeal this decision internally.

The Company will investigate any informal or formal complaint thoroughly and fairly.

Consequences of Breach

Harassment is a disciplinary offence and will be dealt with according to the Company’s Disciplinary Procedures. Bullying, harassment, victimisation or discrimination may constitute gross misconduct, punishable by summary dismissal without notice.

Employees should bear in mind that harassment or bullying may also constitute a criminal offence punishable by a fine and/or imprisonment.

Customer outcomes

Third Party Harassment

Third party harassment refers to harassment of an employee by any person who is not an employee of the Company. Third party harassers may include:

  • customers or clients of the Company,
  • suppliers of the Company,
  • independent contractors.

Any employee who believes that they have been the victim of third party harassment should immediately inform their immediate line manager of the incident.

Where an employee has been harassed on more than one occasion, the Company will take such steps as are reasonably practicable to prevent any recurrence.

For the purposes of third party harassment, it is immaterial whether the third party harasser is a different person in each instance of harassment.

Induction and Anti-Bullying and Anti-Harassment Training

All individuals will receive an induction into their learning/employment and working environment. We will make everyone aware of our commitment to prevent bullying and harassment, and how to make us aware of any dissatisfaction or concern.

Learning and Working Environment

We are committed to creating open and conducive learning and working environments where everyone has the right to feel safe from bullying and harassment. We will ensure all individuals have clear routes to report incidents and/or concerns and for these to be managed fairly and fully.


Links, References & Further Reading

Equality Act 2010
Acas (Advisory, Conciliation and Arbitration Service)
Department for Business Innovation & Skills: Whistleblowing; Guidance for Employers and Code of Practice

Whistleblowing law is located in the Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998). It provides the right for a worker to take a case to an employment tribunal if they have been victimised at work or they have lost their job because they have ‘blown the whistle’.

Anti-bullying and Harrassment Policy, 27/02/2018, v1.3

Policy and Procedure for Safeguarding and PREVENT

What is the policy about?

The scope of our Safeguarding and Prevent policy and duties extend to Learners and Clients, Employees and Associates, Customers/Employers, Suppliers, Sub-contractors and External Stakeholders and visitors. By detailing the Safeguarding policy, KB also include the Prevent policy. A concern related to Prevent should be treated in the same way KB should treat a safeguarding concern. This means that any member of the groups is at risk of radicalisation regardless of whether they are classed as vulnerable or at-risk individuals.

Safeguarding is the term that describes the function of protecting all of our learners.

At present we have no learners who under the age of 18.

This includes the following:

  • Ensuring that the wellbeing of adults is promoted. This includes taking the adults views, wishes, feelings and beliefs into account in deciding any action.
  • Protecting the rights of adults to live in safety, free from abuse and neglect.
  • Working together with organisations to prevent and stop the risks and experience of abuse or neglect.
  • Recognising that adults sometimes have complex interpersonal relationships and as a result may be ambivalent, unclear or unrealistic about their personal circumstances and thusly puts their safety or well-being at risk.

It is an important priority and a key responsibility of KnowledgeBrief (KB) and its employees. All suspicions or allegations will be taken seriously. Employees should be aware that the needs of the those at risk are paramount.

Prevent is one element of the government’s counter-terrorism strategy. It aims to stop people from becoming terrorists or supporting terrorism. The Counter Terrorism and Security Act (2015) has placed a further statutory duty on all training providers to “have due regard to the need to prevent people from being drawn into terrorism”. It also aims to promote British Values which include democracy, rule of law, individual liberty and mutual respect and tolerance.

Why is it important?

KB’s mission is to deliver an outstanding experience to its learners and an excellent service to its clients.

As a provider of high-quality education, development, and qualification services, we have a clear duty of care to our clients and learners. As a provider of government funded schemes, we have an obligation to support the ethos and objectives of those schemes. In addition to these requirements, our research-based findings and insight confirm the importance of a psychologically safe environment to deliver high performances. We believe that a safe place for learning is essential for achieving the best possible results in business and in personal development.

For these reasons, the following principles are essential elements of KB’s culture:

  • The welfare of all learners in general and adults at risk is KB’s primary concern.
  • All learners have a right to safeguarding from abuse.
  • It is everyone’s responsibility to report any concerns about abuse, neglect or radicalisation to the Designated Safeguarding Lead (DSL).
  • All incidents of alleged poor practice, misconduct and abuse will be taken seriously and responded to promptly and appropriately.
  • All data will be processed in accordance with the Data Protection Act.

Other Key Terms

What is abuse?

Abuse is any behaviour towards a learner that deliberately or unknowingly causes significant harm, endangers life or violates their rights. Abuse includes physical, sexual, emotional, psychological, financial, material, neglect, acts of omission, discriminatory and institutional abuse.

Significant harm is not only ill-treatment (including sexual abuse and forms of ill treatment which are not physical) but also the impairment of, or an avoidable deterioration in, physical or mental health, and the impairment of physical, intellectual, emotional, social or behavioural development.

Who is a vulnerable adult?

A vulnerable adult is defined as a person “who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself or unable to protect him or herself against significant harm or exploitation” (Department of Health 2000).

What is meant by Radicalisation?

Radicalisation is a process which somebody goes through in order to support or become involved in extremist activities or terrorism. An individual’s initial beliefs are not the primary indicator of potential radicalization. Individuals who initially have strong, moderate or no particular opinions can be radicalized. It can be a process that happens online or in meeting people, and their conversations and their opinions are gradually changed over time.

British Values

Democracy is the culture built upon freedom and equality where all opinions matter and where all voices and opinions count.

Rule of Law is about agreed rules and responsibilities which are fair and clear to ensure a safe, happy and secure place to live and work.

Individual Liberty involves the protection of your rights and the rights of others you work with.

Respect and Tolerance for all with different faiths and backgrounds and celebrating diversity.

On our KBPro platform we have a technique on British Values and its application in todays business world. When learners join the programme they are asked the read this technique and complete the associated insight question.

These values are exemplified at KB, and all relate with the Equality Act 2010.

Please see APPENDIX A.

Safe Learning Environment

A safe learning environment is one:

  • In which the health, safety and welfare of learners has been assessed and any special needs are identified and catered for.
  • In which staff are alive and vigilant to the possibility of abuse and take measures to prevent that possibility howsoever observed.
  • Where there is a sound and known reporting system for any incident.
  • Where staff take reasonable and practical precautions to avoid any suspicions of abuse being brought against them.

Occasionally we will use external speakers at our training days. We have an external speaker’s policy which all of our external speakers are required to read and sign.

This policy ensures that:

  • Speakers will not act in a manner of intolerance that demeans any individual or group based on their ethnicity, race, religion and/or belief, sexuality, gender, disability, age or lawful working practices and which give rise to an environment in which people will experience, or could reasonably, fear harassment, intimidation or violence.

If an incident occurs where these standards have not been met then we ask that you contact your Skills Coach or the safeguarding team – [email protected] .

How do I report a safeguarding concern?

If you have a question or concern regarding safeguarding or prevent you can contact your Professional Learning Advisor (PLA) or the KnowledgeBrief safeguarding team:  [email protected] .

If you have a question or concern regarding safeguarding or prevent you can contact your Skills Coach or the KnowledgeBrief safeguarding team: [email protected]

If you prefer to reach out to your Skills Coach, that is fine. They will then pass it onto KnowledgeBrief’s Designated Safeguarding Lead (DSL) Sam Marshall Davies. KnowledgeBrief’s other Safeguarding Officers are Rossana Zetti and Rachel Cox.

If you yourself are going through a challenging time we can provide you with a number of organisations who may be able to help you. Please contact [email protected] or your Skills Coach.

KB Application

Our approach is as follows: KB’s 5 Ps

  • Prevention

    It is better to act before harm occurs. We help identify and report signs of concern, abuse (verbal or otherwise), radicalisation and extremism, and suspected criminal offences. In all our work, we consider how to make people safer. We prevent issues by utilising the onboarding calls and induction of learners to identify specific needs, safeguarding learner disclosure sheets allowing learners to disclose vulnerability so we can support them through their studies, informing clients and learners about KB Safeguarding services, having a KB Safeguarding area (Support Centre), and Support Teams and ongoing educating and training for KB employees to prevent issues from occurring.

  • Proportionality

    Deliver a proportionate and least intrusive response appropriate to the risk presented in order to protect the welfare of any potential vulnerable adult. We discuss with the individual and where appropriate, with partner agencies what to do where there is risk of significant harm before we take a decision. Risks are an element of many situations and should be part of any wider assessment. An appropriate response involves the DSLs, risk assessments, action plans, links with external agencies and intervention strategies.

  • Protection

    To provide support and representation for those in greatest need, we have effective ways of assessing and managing risk. Our complaints and reporting arrangements for abuse and suspected criminal offences operate effectively and we promote active dialogue with KB employees. Effective communication and dialogue, identify and report to DSLs, lock away files, storage of sensitive data (pastoral log system/ format).

  • Partnership

    Finding local solutions through services working with communities. We encourage sharing information locally. Development of links and trust with the community and external agencies, e-bulletin, sharing of information and good practice from partners and KB.

  • Personal Accountability

    Adopting accountability and transparency in delivering safeguarding. The roles of all employees are clear, together with the lines of accountability. Staff are trained to understand what is expected of them and others, and recognise their responsibilities to each other, act upon them and accept collective responsibility for safeguarding arrangements. Have transparency of the DSL’s roles and your roles as KB staff and ensure you all know the correct procedures when raising a safeguarding issue.

KB has a Designated Safeguarding Lead (DSL), whose role is to:

  • Receive information from any employees/ learners who have safeguarding concerns and record it.
  • Assess the information promptly and carefully, clarifying and obtaining more information about the matter appropriately with the relevant people.
  • Make a formal referral to the police and/or other external agencies where required so to do.
  • DSL has links with Counter Terrorism Regional Coordinators: Jake Butterworth and Jennie Fisher (London).
  • Ongoing monitoring and assessment of learner welfare.
  • Ongoing training of KB employees.
  • Update learners about safeguarding and prevent.

All allegations against KB Employees will be immediately investigated by the DSL. If an allegation is made against the DSL then the Chief Executive will conduct the investigation.

What I need to do?

KB employees should be aware that the needs of the adult or child at risk are paramount and must always act in the best interests of the adult or child at risk. If in doubt consult the Designated Safeguarding Lead (DSL). Employees should always adhere to the Safeguarding policy and accept training offered to keep updated and informed. KB employees should work together to safeguard those they work with and know how to report a concern through the appropriate KB safeguarding reporting procedures. KB employees should remain aware about extremism and radicalisation threats on a local, national and international scale.

Procedures for Safeguarding

  • It is important that you NOTICE the situation and do not ignore any identified concern/s. If a safeguarding issue is brought to your attention, this must be treated as a priority over all other work.
  • Then you should CHECK the concern by getting information correctly from the individual, if the individual feels comfortable sharing. If in doubt speak to the DSL for guidance. For safeguarding cases it is better for the DSL to carry out the check.
  • In case of disclosure or reasonable belief of a safeguarding issue, you should SHARE immediately, by sharing your concern with a member of the Safeguarding Team: Sam Marshall Davies (DSL) or Rossana Zetti (Deputy Safeguarding Lead). In the event the DSL is not available the Deputy Safeguarding Lead should be contacted.
  • An oral, then written report should be provided to the DSL who will keep a confidential record of any such information.
  • Guidance about a specific incident may be obtained from the DSL
  • The DSL will assess the situation and if considers that there has been or is reasonably likely to be an incident of abuse or neglect or there are radicalisation threats and concerns, they will report the matter to the relevant third parties.
  • The matter will be reported with consent if the individual is over 18 unless there are concerns around immediate harm to life or to the harm of someone under 18.
  • Always remember and apply the NOTICE; CHECK; SHARE method.

    Disclosure of Abuse

    • If an individual has disclosed an incident or prolonged period of abuse it is important that leading questions are not asked.
    • You should remain vigilant, making proper and accurate notes.
    • In the event the individual disclosing the abuse is over 18 and has mental capacity then disclosure of this abuse is based on their consent.
    • If you have any questions, please reach out to KB’s DSL or Deputy.

Learner and Client Outcomes

Safeguarding has an impact on learners and clients because such issues may affect our clients’ employees – i.e. learners on our courses. Therefore, any issues arising will be handled sensitively and effectively with our customers will value our proactive approach. Learners will be supported with their studies and all KB employees will know how to deal with safeguarding concerns/ issues.

Safer Recruitment

All staff who have substantial access to apprentices have been checked as to their suitability to work. This included verification of their identity and qualifications, satisfactory references, a satisfactory barred list check, an enhanced DBS check, a right to work in the UK check, and additional overseas checks for those who have lived or worked abroad.

Once the DBS checks are complete, the DBS will send a certificate (the DBS certificate) to the applicant. The applicant must show the original DBS certificate to their potential employer before they take up post or as soon as practicable afterwards. Where we allow an individual to start work in regulated activity before the DBS certificate is available, the College ensures that the individual is appropriately supervised and that all other checks, including a separate barred list check, have been completed.

A Single Central Record of employment checks is held by People Management and checked quarterly. The information that is recorded in respect of staff members is whether the following checks have been carried out or certificates obtained, and the date on which each check was completed/certificate obtained:

Induction and Safeguarding Training

All individuals will receive an induction into their learning/employment and working environment. KB will make all parties aware of our commitment to equality and diversity, and how to make us aware of any dissatisfaction or concern.

KB will ensure continual Safeguarding training and regular updates from the Safeguarding Team. Regular training and workshops regarding other areas of safeguarding will be organised to ensure that policies and procedures are embedded within the culture and practice of KB.

Whistleblowing

We recognize that learners cannot be expected to raise concerns in an environment where staff fail to do so.

All staff are aware of their duty to raise concerns about the attitude or actions of colleagues and are regularly reminded of this. Staff are aware how to raise concerns and who to share these with. This is detailed in our Whistleblowing Policy which should be viewed alongside this policy.

Whistleblowing concerns about the CEO or any other senior manager in relation to the abuse of apprentices should be in writing to the Board Director.

Where a staff member feels unable to raise an issue with their employer or feels their genuine concerns are not being addressed, other whistleblowing channels may be open to them.

The NSPCC whistleblowing helpline is available for staff who do not feel able to raise concerns regarding child protection failures internally.

Staff can call: 0800 028 0285 – line is available from 8:00 am to 8:00 pm, Monday to Friday and Email: [email protected]

Staying Safe Online

As a blended learning provider, the vast majority of our programme is administered and accessed online by both learners and staff. Therefore, it is important for all parties to understand how to stay safe online.

We recommend reading the NCSC Stay Safe Online Guidance created by the UK government. This detailed guidance and advice, as well as top tips, on how to stay safe online.

How does KB support learners in staying safe online?

Action Results
Robust safeguarding policy. Appropriate understanding and steps are taken with online safety by both apprentices, staff and the business more broadly.
Visible information, contact and reporting mechanisms on KBProfessional. Learners can see information whilst online about how to recognise and report any issues.
Password protected and ringfenced learning platforms for each client. Only learners form the specific client can access their individualised URL.
Password protected platforms. No non-learners are able to access the platform.
Training sessions: Zoom links are only accessible through the KBProfessional platform. Only learners with active passwords are able to attend sessions.
Training sessions on Zoom have a password and waiting room. Access is only granted to recognised and registered attendees.
Training sessions undertaken and facilitated carefully by KnowledgeBrief staff with appropriate safeguarding training and knowledge. Learners are guided through the sessions effectively and interactions are facilitated to ensure they are appropriate.
Learners are taught about the appropriate way to deal with data security, working from home and professional online interactions in their programme. This ensures everyone regardless of previous experience understands what is required to keep themselves and others safe online.
Online discussion centres on platforms are checked regularly by KnowledgeBrief employees. Any inappropriate language or sentiment is picked up and removed and relevant action taken with the apprentice.
Cyber essentials accredited. Ensures we are meeting relevant online and data safety.

Protocol for online meetings and 1:1s with learners to keep everyone safe and interactions professional.

Do:

  • Ensure your safeguarding training is up-to-date.
  • Ensure you have agreed the protocols and timing of all 1:1 on-line activity with under 18s or vulnerable adults with parents/carers prior to the 1:1 taking place, including appropriate location, dress and conduct. The 1:1 must then take place only at the days/times agreed with parents. Parents and carers should be present in the home at the time. If at any time you feel uncomfortable with something done or said during a 1:1 call, you should end the call as soon as possible and report any concerns to your line manager and / or safeguarding officer.
  • Test your audio and video before a scheduled call.
  • Record any live classes so that the video can be reviewed if any issues arise.
  • Be punctual and courteous. Introduce yourself and take note of other attendees’ names so you can address them by name. Turn off call tone on your phone. Treat this just like you would a face-to-face meeting with a student, colleague or other adult.
  • Conduct yourself in a professional manner throughout the call - as an employee you represent the company and its professional values throughout the call.
  • Conduct video calls to learners or colleagues from a desk or other appropriate location.
  • Remind students that all audio/video may be recorded, to safeguard both parties and this wouldn’t routinely be shared.
  • Make sure to have current version of any software and applications loaded before scheduled calls. Test your audio and/or video before a scheduled call.
  • Look at your screen, pay attention to others and when speaking make sure to look at your camera.
  • Use the ‘blur background option’ to hide any background, if needed.
  • When you have your video on you can see yourself and your surroundings just as others on the call can, so check this.
  • Make sure you have good light. Adjust lighting or use a portable light source to make sure you have good lighting on you from the front without having to look directly into a harsh light, e.g.: by pointing a strong desk lamp at the wall you’re facing.
  • Ensure you are appropriately dressed; smart business attire or ‘business casual’ at all times.
  • Mute your microphone when not needing to talk to avoid background noise.
  • Keep sessions to a reasonable length to avoid interfering with family activity.
  • Consider posting your comments/questions on completion of the on-line conversation, in the chat window.

Don't:

  • Multi-task; your audience will be aware.
  • Shout; the other participants will tell you if they cannot hear.
  • Click your pen, tap on your desk or anything else annoying or distracting.
  • Eat or drink, other than water, tea / coffee.
  • Position yourself with other people or pets in view; what’s around and behind you can be seen.
  • Leave multiple applications open during the call as it may affect the quality.
  • Wear stripes or heavy patterns creating pixelation of images.

Useful further guidance:
https://www.tes.com/news/coronavirus-10-safeguarding-rules-teachers-home
https://learning.nspcc.org.uk/news/2020/march/undertaking-remote-teaching-safely/
https://www.nspcc.org.uk/keeping-children-safe/online-safety/internet-connected-devices/

Policy Links

Safeguarding Policy

https://www.gov.uk/government/publications/ofsted-safeguarding-policy

Safeguarding and Radicalisation

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/635262/Safeguarding_and_Radicalisation.pdf

Prevent guidance

https://www.gov.uk/government/publications/prevent-duty-guidance

Keeping Children Safe in Education (2020)

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/954314/Keeping_children_safe_in_education_2020_-_Update_-_January_2021.pdf

Approval

This policy has been remotely approved by our Board and is available on our website.

References and further reading

KB Techniques:

  • Social Learning Theory
  • Corporate Social Responsibility
  • Emotional Intelligence
  • Assessing Health and Safety
  • British Values

See:

Link to KB Business Processes (KB Business Process handbook in progress)

This policy links to the following policies which make up part of the KB Business Process Handbook:

  • Staff Safeguarding and Welfare Policy
  • Whistleblowing
  • Bullying and Harassment
  • Special Educational Needs
  • Health and Safety
  • Equality and Diversity Inclusion
  • Data Protection Policy
  • Social Media Policy
  • Complaints
  • APPENDIX

    APPENDIX A

    British Value

    How does KB exemplify these?

    Democracy

    Freedom to choose which training days to attend.

    Learner feedback surveys

    Learners have freedom to express their thoughts at sessions through open and collective discussions

    The majority of level 5 learners select their own study units based on preference

    Discussion boards

    SCAN publications discussions

    ILJ flexibility and freedom

    Curriculum/ resources/ PLA equal opportunity

    Catered approach for special needs

    The Rule of Law

    Safeguarding

    GDPR

    Harassment and bullying

    SEN

    Health and safety

    Equality, Diversity and Inclusion

    Complaints

    Email privacy policy

    Conflict of interest policy

    Social media policy

    Working at home policy

    External Speakers Policy and Training day procedures

    Curriculum- Techniques on the platform

    Individual Liberty

    Working at home policy

    Flexible working

    SEN adjustments

    Safeguarding policy

    Mutual Respect and Tolerance

    KB employees come from different faiths and backgrounds

    Learners and clients come from different sectors, abilities, SEN learners are welcome on our programmes

    Support team assists learners with mental health, learning support needs.

    KB Safeguarding Policy, 01/03/2021, VERSION 1.8

    Learner Exclusion Policy

    Learners are responsible for their own behaviour and should ensure that they comply with this Policy at all times.

    The following non-exhaustive list gives examples of offences that KnowledgeBrief will normally regard as misconduct that may result in a learner being excluded from KnowledgeBrief services:-

    • Theft, fraud, dishonesty or deliberate falsification of records;
    • Fighting, assault or other violent behaviour;
    • Deliberate use of KnowledgeBrief systems to access or distribute material of a pornographic, offensive, obscene or inappropriate nature;
    • Incapability at a KnowledgeBrief meeting due to the effect of alcohol or drugs;
    • Possession, custody or control of illegal drugs at a KnowledgeBrief meeting or premises;
    • Bullying, harassment, victimisation or discrimination.

    Learners should bear in mind that any of the above may also constitute a criminal offence punishable by a fine and/or imprisonment.

    KB DOC 7.7 Learner Exclusion Policy, v2, 31/01/2019

    Special Educational Needs Policy

    Having a special educational need (SEN) or a disability does not prevent you from being a KnowledgeBrief learner, KnowledgeBrief treat all learners equally.

    Before starting and during learning, individuals will be given opportunity (in confidence) to disclose any disability or learning difficulty they may have. This is to ensure we put in place additional or alternative support. We will explain why this information is being sought and how it will be used.

    Reasonable Adjustment is a legal term introduced under the Disability Discrimination Act 1995. KnowledgeBrief have a duty to make reasonable adjustments where arrangements or physical premises place the disabled person at a substantial disadvantage in comparison with persons who are not disabled. The following list provides a few examples:

    • physical adjustments to premises,
    • acquiring specialised equipment or altering existing,
    • providing supervision or additional support,
    • offering flexible learning hours or patterns,
    • offering a flexible enrollment process,
    • providing additional learner training,
    • providing additional services, such as a sign language interpreter.

    KnowledgeBrief aim to offer appropriate levels of support and encourage the involvement of the learner’s employer and co-learners. KnowledgeBrief tutors will support the learner’s induction and provide on-site training support where needed.

    Individual development plans are used to plan and monitor the student’s learning progress. Learning targets will include encouraging the social inclusion of the learner within the KnowledgeBrief programmes.

    KnowledgeBrief identify the most 'natural' ways in which we can support people with disabilities in their learning, working in partnership with employers and all concerned. More intensive and personalised approaches are available if needed.

    KB DOC 7.8 Special Educational Needs Policy v1, 24/07/2018

    Privacy Policy

    Introduction

    We aim to provide you with transparency and control over your information. KnowledgeBrief are committed to respecting your privacy, so every KnowledgeBrief product is designed to minimise the collection and use of your data whenever possible.

    This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can request and manage your information.

    We help organisations to innovate by applying new management and leadership techniques, improving management and leadership delivery for better results.

    Covering all management disciplines, we help to build capability by:

    • producing very high quality, innovative management and leadership content in formats that are easy to use,
    • creating engaging, advanced and intuitive technology services for individuals and groups,
    • designing and managing professional development programmes that make a marked business difference.

    When you use our services, we need to record your information in a variety of ways. For example, you can sign up for a KBProfessional account and you are able to manage your personal profile like name, email, job title, or sign up to attend a training day where we record your attendance. Across our services you can either edit your personal information or can request us to manage it or provide it.

    To help explain things as clearly as possible, we’ve added definitions for key terms. And if you have any questions about this Privacy Policy, you can contact us at [email protected].

    We want you to understand the types of information we collect when you use our services

    We collect information to provide our services to all our users and learners – from basic things like your company or job title, to more complex things like your educational qualifications. The information KnowledgeBrief collects, and how the information is used, depends on how you use our services.

    When you’re not signed in to our KBProfessional platform, we store information we collect with unique identifiers tied to the browser, application or device you’re using. This helps us do things like provide you with the right content while using our service.

    When you’re signed in, we also collect information that we store with your KnowledgeBrief account, which we treat as personal information.

    Things you create or provide to us

    If you decide to register with or use our services you will be asked to provide certain information about yourself, this includes your name, email address and contact details when you:

    • sign up to the website or KBProfessional platform as an individual or through your organisation,
    • sign up to use the website or KBProfessional platform via an integrated service, such as Google,
    • request and receive customer support,
    • request and receive learning support,
    • provide billing and payment information,
    • register for events,
    • post comments using the website or KBProfessional platform,
    • participate in discussion boards or other collaboration mechanisms provided by the website or KBProfessional platform.

    We also collect the content you create, upload, or receive from others when using our services. This includes things like emails you write, photos you upload, documents you upload and comments you make.

    Information we collect as you use our services

    Your apps and browsers

    We collect technical information about the apps, browsers, and devices you use to access our services, which helps us provide support to you and helps improve our services to you.

    The information we collect includes your browser type and version, your geographical location, your computer or mobile operating system and cookie data. We also collect information about your visit, including the address of the web page you visited before using our service, the date and time of your visit, page response times, download errors and the length of your visit.

    Your activity

    We collect information about your activity in our services, which we use to do things like update your learning progress or suggest content you might like. The activity information we collect may include:

    • content you read,
    • courses you enrol on,
    • terms you search for,
    • purchases you make,
    • people with whom you communicate via comments,
    • content you upload or create.

    If you are a KBProfessional user, you can visit your profile and see your activity information that’s saved in your account.

    Using our Services

    What is personal data?

    Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:

    Any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

    Why does KnowledgeBrief need to collect my personal data?

    In order for us to provide you the service to you we need to collect personal data from you. In any event, we are committed to ensuring that the information we collect, and use is appropriate for this purpose, and does not constitute an invasion of your privacy.

    Consent is required for KnowledgeBrief to process your personal data, but it must be explicitly given. Where we are asking you for sensitive personal data, we will always tell you why and how the information will be used.

    By consenting to this you are giving us permission to process your personal data specifically for the purposes identified.

    Why does KnowledgeBrief need to collect my personal data?

    This privacy policy together with our Terms & Conditions and any other documents referred to in this Privacy Policy, defines the basis on which any personally identifiable information (Personal Data) we collect from you, or that you provide us with, will be processed by us. Please read this Privacy Policy so that you understand how we treat your Personal Data in respect of your use of our websites and/or the KBProfessional platform and/or any other service provided by KnowledgeBrief.

    The data controller responsible in respect of the information collected by our services is KnowledgeBrief Ltd, a private limited company registered in England with number 0545162 whose registered office is at 85 Great Portland Street, London, W1W 7LT the data protection registration number is Z2841145.

    By using our services, you are accepting the terms of this Privacy Policy. By consenting to this Privacy Policy you are giving us permission to process your personal data specifically for the purposes identified in this policy.

    We implement technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Please see our data protection policy for more details.

    What are cookies and how does KnowledgeBrief use them?

    A cookie consists of a piece of text sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. We use cookies in accordance with our Cookie Policy.

    We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to keep track of your activity whilst you navigate the website. We will use the persistent cookies to enable our website to recognise you when you visit.

    Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

    Can I have an account if I’m under 16 years old?

    You may not have account on the service if you are under the age of 16. We do not collect information from or create content specifically for children under 16. If we discover or suspect that you are a user of the website or services who is under the age of 16, we will have to close your account.

    Information for parents or guardians, please see our account termination information in our Terms & Conditions.

    What does KnowledgeBrief use my information for?

    We will use information you give us:

    • To improve our services to you.
    • To send you non-marketing email notifications from the website or services to you which you have specifically requested.
    • To send you marketing communications relating to our business which we think may be of interest to you, where you have specifically requested this, by post, by email or similar technology. You can inform us at any time if you no longer require marketing communications, you can unsubscribe from marketing emails by using the “unsubscribe” included in the email.
    • To send you goods purchased via the website or services and supply you with services purchased via the website or service.
    • To send statements and invoices to you and collect payments from you
    • To deal with enquiries and complaints made by you or about you relating to the website or service.

    By using our website or service, you agree that we can access, aggregate and use non-personally identifiable data we have collected from you. This non-personally identifiable data will not identify you or any other living person. We may use this non-personally identifiable data to:

    • Help us understand how our customers are using our website or service.
    • Allow us to provide information to our customers regarding the uses and benefits of the website or service.
    • Provide useful business insights from the aggregated data.
    • Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive). By using the website or service, you consent to Personal Data being collected, held and used in this way and for any other use you authorise.

    Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive). By using the website or service, you consent to Personal Data being collected, held and used in this way and for any other use you authorise.

    Will KnowledgeBrief share my personal information with anyone else?

    We may share your Personal Data with any member of our organisation (KnowledgeBrief Ltd) such as employees or officers.

    Information we share with third parties

    We may share your information with selected third parties including:

    • Business partners, suppliers or subcontractors insofar as reasonably necessary for the purposes of providing the website or services to you. We use third parties to supply the hardware infrastructure, storage and associated services necessary for us to provide the website or service. All information submitted to third parties will be encrypted. By using our website or services you consent to our third-party service partners having access to your Personal Data.
    • Personal Data we disclose to third parties. We follow strict guidelines in the storage and disclosure of information you have given us.

    We may disclose your Personal Data to third parties:

    • To the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling.
    • If KnowledgeBrief Ltd and its assets are acquired by a third-party, in which case Personal Data held by it about its customers will be one of the transferred assets.
    • If we are required disclose or share your Personal Data by law in connection with any legal proceedings or prospective legal proceedings; or in order to establish, exercise or defend our legal rights. This includes providing information to others for the purposes of fraud prevention and reducing credit risk.

    In complying with legal processes, we strive for transparency. We will make reasonable effort, when permitted, to notify users of the website or services of any disclosure of their information, unless we are legally prohibited from doing so.

    KnowledgeBrief Ltd will not pass on your personal data to third parties without first obtaining your consent.

    The website or services contains links to other websites. We are not responsible for the privacy policies or practices of third-party websites.

    Under what circumstances will KnowledgeBrief contact me?

    Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.

    Can I find out the personal data that KnowledgeBrief holds about me?

    Access

    KnowledgeBrief Ltd at your request, can confirm what information we hold about you and how it is processed. If KnowledgeBrief does hold personal data about you, you can request the following information:

    • Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU.
    • Contact details of the data protection officer, where applicable.
    • The purpose of the processing as well as the legal basis for processing.
    • If the processing is based on the legitimate interests of KnowledgeBrief Ltd or a third-party, information about those interests.
    • The categories of personal data collected, stored and processed.
    • Recipient(s) or categories of recipients that the data is/will be disclosed to.
    • If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
    • How long the data will be stored.
    • Details of your rights to correct, erase, restrict or object to such processing.
    • Information about your right to withdraw consent at any time.
    • How to lodge a complaint with the supervisory authority.
    • Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
    • The source of personal data if it wasn’t collected directly from you.
    • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

    Right to deletion, rectification and data export

    We permit you to delete, rectify and export information you have provided to us, subject to our Terms & Conditions and our legal obligations.

    Retention

    We retain Personal Data for as long as we provide the website or services to you. For the purposes set out below we may keep some data after your account is closed or you cease using the service.

    After you have closed your account we may retain Personal Data where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, maintain security, prevent fraud and abuse, resolve disputes, enforce our Terms & Conditions, offer new features you may be interested in, or complete your request to stop receiving further messages from us. If none of these obligations applies we will delete your Personal Data with 12 months of your account being closed.

    We will retain non-personally identifiable information after you have closed your account.

    What forms of ID will I need to provide in order to access this?

    KnowledgeBrief Ltd accepts the following forms of ID when information on your personal data is requested:

    • Passport
    • Driving license
    • Birth certificate
    • Utility bill (from last 3 months)

    How do I make a complaint?

    If you have any complaints about our use of your information, contact us using the details at the bottom of this Privacy Policy or contact the UK supervisory authority — The Information Commissioner’s Office (“ICO”).

    Our Complaints Policy is available here.

    The data controller and contact information

    The data controller responsible in respect of the information collected on our website or services is KnowledgeBrief Ltd, a private limited company registered in England with number 0545162 whose registered office is at: 85 Great Portland Street
    London, W1W 7LT
    The data protection registration number is Z2841145.

    For information on how to contact KnowledgeBrief, please visit our contact page.

    Our data protection representatives can be contacted directly here:
    Email (UK): [email protected]
    Telephone (UK): 0204 5511855

    KB DOC 1.2 Privacy Policy v5, 12/02/2021

    Data Protection

    KnowledgeBrief data storage and the EU Data Protection Directive

    The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.

    KnowledgeBrief is a cloud provider of the professional development and training platform KBProfessional which is a private cloud platform. KnowledgeBrief KBManage is also a cloud platform. KnowledgeBrief customers who have a corporate or organisation KBProfessional platform have control over the purpose for which personal data will be processed with their platform. KnowledgeBrief customers who have registered on the KBManage platform have control over their personal data that they submit into the platform.

    The answers to these questions will help you understand how KnowledgeBrief protects personal data that you store in KBProfessional and KBManage.

    How does KnowledgeBrief ensure secure storage of the data I hold?

    For all KnowledgeBrief products, we strive to keep customer data highly protected and to be as transparent as possible about how we secure it.

    Data Encryption

    We use the latest recommended encryption to protect your data. KBProfessional and KBManage customer data is encrypted in transit and at rest.

    We work hard to maintain best practices for encryption and browser support and therefore we do not support older browsers.

    Data Center Security

    KnowledgeBrief customer data is hosted in our hosting providers secure data centers. These data centers implement physical and technical security controls including, but not limited to - strict physical access controls, professional security staff, surveillance and intrusion detection.

    Backup and availability

    Our systems are constantly backed up to allow us to restore access to your data in the unlikely event of a system failure. We constantly monitor our services and our technical staff are immediately alerted to any problems allowing us to quickly resolve unexpected issues.

    Internal controls

    We have strict internal processes to limit access to systems and infrastructure to key staff on a needs-only basis.

    Updates

    Our KBProfessional and KBManage systems are regularly updated and because these services are accessed through a browser our customers are always using the latest version.

    Who can access my data?

    In order to provide the KBProfessional and KBManage services, we have authorised staff who have access to manage functions within the service e.g. qualifications. We also have authorised operations staff who have access to the infrastructure that hosts our services and therefore the underlying data. However, we never access specific customer data unless we are working to resolve a customer issue.

    What happens to my data if I no longer use the service?

    As described in the Data Protection section of our Terms & Conditions customers can choose to request the permanent deletion of their data.

    What is KnowledgeBrief’s data retention policy and timescale?

    We will retain your personal information for as long as we provide the KBProfessional or KBManage service to you, please the Retention section of our Privacy Policy.

    Will my data be shared with third parties?

    We will never disclose your personal information to anyone else except where we have to do so in accordance with our Privacy Policy, see the information on sharing and disclosure.

    Data Protection Contact Information

    The data controller responsible in respect of the information collected on our website or services is KnowledgeBrief Ltd, a private limited company registered in England with number 0545162 whose registered office is at: 85 Great Portland Street
    London, W1W 7LT
    The data protection registration number is Z2841145.

    You can obtain our full Data Protection Policy from the Data Protection Owner who can be contacted directly here:
    Email (UK): [email protected]
    Telephone (UK): 0204 5511855

    KB DOC 1.0 Data Protection Policy v3, 02/03/2021

    Cookie Policy

    Introduction

    KnowledgeBrief Ltd (“us”, “we” or “our”) use cookies on our websites and the KBProfessional application (“the Service”). By using the website or Service you consent to the use of cookies. Our Cookie Policy explains our use of cookies and how our third-party partners may use cookies on our website or Service, your choices regarding cookies and information about what cookies are.

    What are cookies?

    Cookies are small text files that are placed on your computer by websites that you visit. Cookies are widely used to make websites work more efficiently. Cookies also provide information to the owners of the website.

    We may use both “session” cookies and “persistent” cookies on our website or Service. We will use the persistent cookies to enable our website or Service to recognise you when you visit. We will use the session cookies to keep track of you whilst you navigate the website or Service.

    Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

    How does KnowledgeBrief use cookies?

    The list below explains some examples of the cookies we use and why we use them.

    • Purpose: Website/Application
      Provider: KnowledgeBrief (knowledgebrief.com, kbmanage.com, kbprofessional.com)
      Information: We use these first party cookies (i.e. cookies set up KnowledgeBrief). exp_*, kb* prefixed cookies are used to manage your page visits and to make the KBProfessional application to work. We use cookies such as auth0I to manage your login and logout of our KBProfessional application.
    • Purpose: Site Analytics
      Provider: Google Analytics
      Information: Selected third-party cookies. These cookies collect information about our visitors to our website/application. This information helps us to improve your experience of using our website/application. These cookies record anonymous statistics. If you choose not to allow these cookies we will not be able to include your visits in our statistics. A user can delete these cookies through their browser settings.
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      Provider: CloudFlare
      Information: Selected third-party cookies. The __cdfuid cookie is used to identify our websites and KBProfessional application and apply security settings and threat detection. It does not correspond to any other cookie and does not store any personally identifiable information. A user can delete these cookies through their browser settings.
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      Information: Selected third party cookies. Optimizely is used by CloudFlare to analyse browser activity, establish user profile and to aid in user experience. A user can delete these cookies through their browser settings.

    For specific information about our use of Cookies, please contact us at [email protected]

    KB DOC 1.5 Cookie Policy v2, 30/10/2019

    Terms and Conditions

    Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for the provision of the Hosted Services shall be governed by these Terms and Conditions, by using KnowledgeBrief "Services" you are expressly accepting these Terms and Conditions.

    1. Definitions

    1.1 Except to the extent expressly provided otherwise, in these Terms and Conditions:

    "Account" means an account enabling a person to access and use the Hosted Services, including both administrator accounts and user accounts;

    "Agreement" means a contract made under these Terms and Conditions between the Provider and the Customer;

    "Business Day" means any weekday other than a bank or public holiday in England;

    "Business Hours" means the hours of 09:00 to 17:30 GMT/BST on a Business Day;

    "Charges" means the amounts specified in the Services Order Form as at the Effective Date;

    "Customer" means the person or entity identified as such in the Services Order Form;

    "Customer Data" means all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by the Customer (but excluding analytics data relating to the use of the Platform and server log files);

    "Customer Personal Data" means any Personal Data that is processed by the Provider on behalf of the Customer in relation to the Agreement, but excluding data with respect to which the Provider is a data controller;

    "Data Protection Laws" means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable to Customer Personal Data, the General Data Protection Regulation (Regulation (EU) 2016/679);

    "Documentation" means the documentation for the Hosted Services produced by the Provider and delivered or made available by the Provider to the Customer;

    "Effective Date" means following the Customer completing and submitting the online Services Order Form published by the Provider on the Provider's website, the date upon which the Provider sends to the Customer an order confirmation;

    "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

    "Hosted Services" means knowledgebrief.com, kbmanage.com, kbprofessional.com which will be made available by the Provider to each Customer as a service via the internet in accordance with these Terms and Conditions;

    "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

    "Personal Data" has the meaning given to it in the Data Protection Laws;

    "Platform" means the platform managed by the Provider and used by the Provider to provide the Hosted Services, including the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and server software is installed;

    "Provider" means KnowledgeBrief Limited, a company incorporated in England and Wales (registration number 0545162) having its registered office at 85 Great Portland Street, London, W1W 7LT;

    "Services" means any services that the Provider provides to the Customer, or has an obligation to provide to the Customer, under these Terms and Conditions;

    "Services Order Form" means an online or offline order form published by the Provider and completed and submitted by the Customer incorporating these Terms and Conditions by reference;

    "Support Services" means support in relation to the use of, and the identification and resolution of errors in, the Hosted Services, but shall not include the provision of training services;

    "Supported Web Browser" means the current release from time to time of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, or any other web browser that the Provider agrees in writing shall be supported;

    "Term" means the term of the Agreement, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2; and

    "Terms and Conditions" means all the documentation containing the provisions of the Agreement, namely the main body of these Terms and Conditions and Schedule 1 (Acceptable Use Policy), including any amendments to that documentation from time to time.

    2. Term

    2.1 The Agreement shall come into force upon the Effective Date.

    2.2 The Agreement shall continue in force indefinitely, subject to termination in accordance with Clause 15.

    2.3 Unless the parties expressly agree otherwise in writing, each Services Order Form shall create a distinct contract under these Terms and Conditions.

    3. Hosted Services

    3.1 The Provider hereby grants to the Customer a non-exclusive licence to use the Hosted Services by means of a Supported Web Browser for the purposes of Professional Training and Development during the Term.

    3.2 The licence granted by the Provider to the Customer under Clause 3.1 is subject to the following limitations:

    (a) the Hosted Services may only be used by persons as specified in the Services Order Form;

    (b) the Hosted Services may only be used by the named users identified in Services Order Form, providing that the Customer may change, add or remove a designated named user in accordance with the procedure set out therein; and

    (c) the Hosted Services must not be used at any point in time by more than the number of concurrent users specified in the Services Order Form, providing that the Customer may add or remove concurrent user licences in accordance with the procedure set out therein.

    3.3 Except to the extent expressly permitted in these Terms and Conditions or required by law on a non-excludable basis, the licence granted by the Provider to the Customer under Clause 3.1 is subject to the following prohibitions:

    (a) the Customer must not sub-license its right to access and use the Hosted Services;

    (b) the Customer must not permit any unauthorised person to access or use the Hosted Services;

    (c) the Customer must not use the Hosted Services to provide services to third parties;

    (d) the Customer must not republish or redistribute any content or material from the Hosted Services;

    (e) the Customer must not make any alteration to the Platform, except as permitted by the Documentation; and

    (f) the Customer must not conduct or request that any other person conduct any load testing or penetration testing on the Platform or Hosted Services without the prior written consent of the Provider.

    3.4 The Customer shall use reasonable endeavours, including reasonable security measures relating to administrator Account access details, to ensure that no unauthorised person may gain access to the Hosted Services using an administrator Account.

    3.5 The Provider shall use all reasonable endeavours to maintain the availability of the Hosted Services to the Customer at the gateway between the public internet and the network of the hosting services provider for the Hosted Services, but does not guarantee 100% availability.

    3.6 The Customer must comply with Schedule 1 (Acceptable Use Policy), and must ensure that all persons using the Hosted Services with the authority of the Customer or by means of an administrator Account comply with Schedule 1 (Acceptable Use Policy).

    3.7 The Customer must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services.

    3.8 The Customer must not use the Hosted Services:

    (a) in any way that is unlawful, illegal, fraudulent or harmful; or

    (b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    3.9 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.

    3.10 The Provider may suspend the provision of the Hosted Services if any amount due to be paid by the Customer to the Provider under the Agreement is overdue, and the Provider has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Hosted Services on this basis.

    4. Customer Data

    4.1 The Customer hereby grants to the Provider a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of the Provider's obligations and the exercise of the Provider's rights under the Agreement. The Customer also grants to the Provider the right to sub-license these rights to its hosting, connectivity and telecommunications service providers, subject to any express restrictions elsewhere in the Agreement.

    4.2 The Customer warrants to the Provider that the Customer Data will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.

    5. Support Services

    5.1 The Provider may provide the Support Services to the Customer during the Term, but shall have no obligation to do so; any such Support Services shall be subject to this Clause 5.

    5.2 The Provider may make available to the Customer an email-based helpdesk.

    5.3 The Provider shall provide the Support Services with reasonable skill and care.

    5.4 The Customer may use the helpdesk for the purposes of requesting and, where applicable, receiving the Support Services; and the Customer must not use the helpdesk for any other purpose.

    5.5 The Provider shall respond promptly to all requests for Support Services made by the Customer through the helpdesk.

    5.6 The Provider may suspend the provision of the Support Services if any amount due to be paid by the Customer to the Provider under the Agreement is overdue, and the Provider has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.

    6. No assignment of Intellectual Property Rights

    6.1 Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights from the Provider to the Customer, or from the Customer to the Provider.

    7. Charges

    7.1 The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions.

    7.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the Customer to the Provider.

    7.3 The Provider may elect to vary any element of the Charges by giving to the Customer not less than 30 days' written notice of the variation.

    8. Payments

    8.1 The Customer must pay the Charges to the Provider in advance of the period to which they relate.

    9. Distance contracts: cancellation right

    9.1 This Clause 9 applies if and only if the Customer enters into the Agreement with the Provider as a consumer - that is, as an individual acting wholly or mainly outside the Customer's trade, business, craft or profession - where the Agreement is a distance contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

    9.2 The Customer may withdraw an offer to enter into the Agreement with the Provider at any time; and the Customer may cancel the Agreement entered into with the Provider at any time within the period:

    (a) beginning when the Agreement was entered into; and

    (b) ending at the end of 14 days after the day on which the Agreement was entered into,

    subject to Clause 9.3. The Customer does not have to give any reason for the withdrawal or cancellation.

    9.3 The Customer agrees that the Provider may begin the provision of services before the expiry of the period referred to in Clause 9.2, and the Customer acknowledges that, if the Provider does begin the provision of services before the end of that period, then:

    (a) if the services are fully performed, the Customer will lose the right to cancel referred to in Clause 9.2; and

    (b) if the services are partially performed at the time of cancellation, the Customer must pay to the Provider an amount proportional to the services supplied or the Provider may deduct such amount from any refund due to the Customer in accordance with this Clause 9.

    9.4 In order to withdraw an offer to enter into the Agreement or cancel the Agreement on the basis described in this Clause 9, the Customer must inform the Provider of the Customer's decision to withdraw or cancel (as the case may be). The Customer may inform the Provider by means of any clear statement setting out the decision. In the case of cancellation, the Customer may inform the Provider using the cancellation form that the Provider will make available to the Customer. To meet the cancellation deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.

    9.5 If the Customer withdraws an offer to enter into the Agreement, or cancels the Agreement, on the basis described in this Clause 9, the Customer will receive a full refund of any amount the Customer paid to the Provider in respect of the Agreement, except as specified in this Clause 9.

    9.6 The Provider will refund money using the same method used to make the payment, unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.

    9.7 The Provider will process the refund due to the Customer as a result of a cancellation on the basis described in this Clause 9 without undue delay and, in any case, within the period of 14 days after the day on which the Provider is informed of the cancellation.

    9.8 Purchases made from REED.co.uk

    Under this policy, you may cancel your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. This is called a "Cancellation Period". Note that if you redeem your voucher during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the course and get any refund for it.

    In case you decide to cancel your purchase of a course, it can be done in the following way:

    By filling out Cancellation Form and sending it via KnowledgeBrief Ltd, 85 Great Portland Street, London, W1W 7LT.

    If you cancel the purchase of a course within 14 calendar days as mentioned above, we will refund you for all payments made as a part of your purchase within 14 calendar days from the day we accept that you are entitled to a refund.

    10. Data protection

    10.1 Each party shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.

    10.2 The Customer warrants to the Provider that it has the legal right to disclose all Personal Data that it does in fact disclose to the Provider under or in connection with the Agreement.

    10.3 The Customer shall only supply to the Provider, and the Provider shall only process, in each case under or in relation to the Agreement, the Personal Data of registered users of the platform of the following types: an individual consumer, an employee or member of the Customers organisation ; and the Provider shall only process the Customer Personal Data for the following purposes: for providing the Services.

    10.4 The Provider shall only process the Customer Personal Data during the Term and for not more than 30 days following the end of the Term, subject to the other provisions of this Clause 10.

    10.5 The Provider shall only process the Customer Personal Data on the documented instructions of the Customer (including with regard to transfers of the Customer Personal Data to any place outside the European Economic Area), as set out in these Terms and Conditions or any other document agreed by the parties in writing.

    10.6 The Provider shall promptly inform the Customer if, in the opinion of the Provider, an instruction of the Customer relating to the processing of the Customer Personal Data infringes the Data Protection Laws.

    10.7 Notwithstanding any other provision of these Terms and Conditions, the Provider may process the Customer Personal Data if and to the extent that the Provider is required to do so by applicable law. In such a case, the Provider shall inform the Customer of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.

    10.8 The Provider shall ensure that persons authorised to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

    10.9 The Provider and the Customer shall each implement appropriate technical and organisational measures to ensure an appropriate level of security for the Customer Personal Data, including the measures specified in the information security policy of the Provider (as it may be updated by the Provider from time to time).

    10.10 The Provider must not engage any third party to process the Customer Personal Data without the prior specific or general written authorisation of the Customer. In the case of a general written authorisation, the Provider shall inform the Customer at least 14 days in advance of any intended changes concerning the addition or replacement of any third party processor, and if the Customer objects to any such changes before their implementation, then the Provider must not implement the changes. The Provider shall ensure that each third party processor is subject to equivalent legal obligations as those imposed on the Provider by this Clause 10.

    10.11 As at the Effective Date, the Provider is hereby authorised by the Customer to engage, as sub-processors with respect to Customer Personal Data, third parties within the following categories: qualification providers.

    10.12 The Provider shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organisational measures to assist the Customer with the fulfilment of the Customer's obligation to respond to requests exercising a data subject's rights under the Data Protection Laws.

    10.13 The Provider shall assist the Customer in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws. The Provider shall report any Personal Data breach relating to the Customer Personal Data to the Customer within 24 hours following the Provider becoming aware of the breach. The Provider may charge the Customer at its standard time-based charging rates for any work performed by the Provider at the request of the Customer pursuant to this Clause 10.13.

    10.14 The Provider shall make available to the Customer all information necessary to demonstrate the compliance of the Provider with its obligations under this Clause 10 and the Data Protection Laws.

    10.15 The Provider shall, at the choice of the Customer, delete or return all of the Customer Personal Data to the Customer after the provision of services relating to the processing, and shall delete existing copies save to the extent that applicable law requires storage of the relevant Personal Data.

    10.16 The Provider shall allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer in respect of the compliance of the Provider's processing of Customer Personal Data with the Data Protection Laws and this Clause 10. The Provider may charge the Customer at its standard time-based charging rates for any work performed by the Provider at the request of the Customer pursuant to this Clause 10.16.

    10.17 If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under these Terms and Conditions, then the parties shall use their best endeavours promptly to agree such variations to these Terms and Conditions as may be necessary to remedy such non-compliance.

    11. Warranties

    11.1 The Customer warrants to the Provider that it has the legal right and authority to enter into the Agreement and to perform its obligations under these Terms and Conditions.

    11.2 All of the parties' warranties and representations in respect of the subject matter of the Agreement are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.

    12. Acknowledgements and warranty limitations

    12.1 The Customer acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of these Terms and Conditions, the Provider gives no warranty or representation that the Hosted Services will be wholly free from defects, errors and bugs.

    12.2 The Customer acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of these Terms and Conditions, the Provider gives no warranty or representation that the Hosted Services will be entirely secure.

    12.3 The Customer acknowledges that the Provider will not provide any legal, financial, accountancy or taxation advice under these Terms and Conditions or in relation to the Hosted Services; and, except to the extent expressly provided otherwise in these Terms and Conditions, the Provider does not warrant or represent that the Hosted Services or the use of the Hosted Services by the Customer will not give rise to any legal liability on the part of the Customer or any other person.

    13. Limitations and exclusions of liability

    13.1 Nothing in these Terms and Conditions will:

    (a) limit or exclude any liability for death or personal injury resulting from negligence;

    (b) limit or exclude any liability for fraud or fraudulent misrepresentation;

    (c) limit any liabilities in any way that is not permitted under applicable law; or

    (d) exclude any liabilities that may not be excluded under applicable law,

    and, if a party is a consumer, that party's statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.

    13.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in these Terms and Conditions:

    (a) are subject to Clause 13.1; and

    (b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

    13.3 The Provider will not be liable to the Customer in respect of any losses arising out of a Force Majeure Event.

    13.4 The Provider will not be liable to the Customer in respect of any loss of profits or anticipated savings.

    13.5 The Provider will not be liable to the Customer in respect of any loss of revenue or income.

    13.6 The Provider will not be liable to the Customer in respect of any loss of business, contracts or opportunities.

    13.7 The Provider will not be liable to the Customer in respect of any loss or corruption of any data, database or software.

    13.8 The Provider will not be liable to the Customer in respect of any special, indirect or consequential loss or damage.

    13.9 The Customer accepts that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, the Customer accepts that we are a limited liability entity and agree that the Customer will not bring any claim personally against individual officers or employees in respect of any losses the Customer may suffer in connection with the Services or these terms of use. This will not, of course, limit or exclude the liability of the Provider itself for the acts and omissions of our officers and employees.

    The Customer agrees to the publication of comments, reviews and/or feedback relating to the them, by others, on our Services. The Customer acknowledges that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and the Customer agrees that they will not hold the Provider liable in respect of any such comments, reviews and/or feedback, irrespective of whether the Provider is aware or ought to have been aware of such comments, reviews and/or feedback.

    14. Force Majeure Event

    14.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

    15. Termination

    15.1 Without prejudice to our other rights under these terms of use, if the Customer breaches these Terms and Conditions in any way, or if the Provider reasonably suspect that the Customer has breached these Terms and Conditions in any way, the Provider may:(a) send the Customer one or more formal warnings;(b) temporarily suspend the Customers access to the Services;(c) permanently prohibit the Customer from accessing the Services;(d) block computers using the Customers IP address from accessing the Services;(e) contact the Customers internet services provider and request that they block the Customers access to the Services;(f) bring court proceedings against the Customer for breach of contract or otherwise;(g) suspend and/or delete the Customers account with the Services; and/or

    Where the Provider suspends or prohibits or blocks the Customers access to our Services or a part of our Services, the Customer must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

    15.2 addition to the Providers rights and remedies in Clause 14.1, if a Customer or a Customers registered user breaches these Terms and Conditions in any way, or if the Provider reasonably suspects that a Customer or a Customers registered user has breached these Terms and Conditions in any way, the Provider may cancel the Customers account or the Customers registered users account.

    16. Effects of termination

    16.1 Upon the termination of the Agreement, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.9, 8, 10.1, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 10.13, 10.14, 10.15, 10.16, 10.17, 13.1, 13.2, 13.3, 13.4, 13.5, 13.6, 13.7, 13.8, 16, 19 and 20.

    16.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Agreement shall not affect the accrued rights of either party.

    16.3 Within 30 days following the termination of the Agreement for any reason:

    (a) the Customer must pay to the Provider any Charges in respect of Services provided to the Customer before the termination of the Agreement; and

    (b) the Provider must refund to the Customer any Charges paid by the Customer to the Provider in respect of Services that were to be provided to the Customer after the termination of the Agreement,

    without prejudice to the parties' other legal rights.

    17. Notices

    17.1 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods:

    (a) sent by email to the relevant email address specified through the Hosted Services, in which case the notice shall be deemed to be received upon receipt of the email by the recipient's email server; or

    (b) sent using the contractual notice mechanism incorporated into the Hosted Services, in which case the notice shall be deemed to be received upon dispatch,

    providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.

    18. Subcontracting

    18.1 Subject to any express restrictions elsewhere in these Terms and Conditions, the Provider may subcontract any of its obligations under the Agreement.

    19. General

    19.1 No breach of any provision of the Agreement shall be waived except with the express written consent of the party not in breach.

    19.2 If any provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

    19.3 The Customer hereby agrees that the Provider may assign the Provider's contractual rights and obligations under the Agreement to any successor to all or a substantial part of the business of the Provider from time to time - providing that such action does not serve to reduce the guarantees benefiting the Customer under the Agreement. The Customer must not without the prior written consent of the Provider assign, transfer or otherwise deal with any of the Customer's contractual rights or obligations under the Agreement.

    19.4 The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.

    19.5 Subject to Clause 13.1, a Services Order Form, together with these Terms and Conditions and any Schedules, shall constitute the entire agreement between the parties in relation to the subject matter of that Services Order Form, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

    19.6 The Agreement shall be governed by and construed in accordance with English law.

    19.7 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.

    20. Interpretation

    20.1 In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:

    (a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

    (b) any subordinate legislation made under that statute or statutory provision.

    20.2 The Clause headings do not affect the interpretation of these Terms and Conditions.

    20.3 References in these Terms and Conditions to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.

    20.4 In these Terms and Conditions, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

    21. Trade marks

    21.1 KnowledgeBrief and the KnowledgeBrief logo are trade marks belonging to the Provider. The Provider give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.The other registered and unregistered trade marks or service marks on our Services are the property of their respective owners. Unless stated otherwise, the Provider does not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

    22. Qualifications

    22.1 Although the qualifications can be offered to learners via the Services from age 18, in practice the majority of learners at this level would be expected to be over 19. The Chartered Management Institute (CMI), who certify the qualifications, does not specify entry requirements for these qualifications, but the Provider is required to ensure that learners admitted to the programme have sufficient capability at the right level to undertake the learning and assessment.

    22.2 The Provider might ask for a copy of an applicant’s CV and reserve the right to ask for a short test piece of work to be written to ensure appropriate written skills.

    22.3 The Provider reserves the right to un-enrol candidates and discontinue tutor support for candidates that do not demonstrate the expertise, experience, prior-learning or capabilities in written English that are appropriate and required to the course selected.

    23. Subscriptions

    23.1 In these Terms and Conditions, “subscription” means a right to access the restricted areas of the Services described in Clause 23, and “subscriber” means a person who has such a right by virtue of this Clause 23.

    23.2 Access to certain areas of the Services is restricted to subscribers. The Provider reserves the right to restrict access to other areas of the Services at their discretion.

    23.3 The Customer may become a subscriber by registering online and paying the respective subscription fees.

    23.4 Customer will have the opportunity to identify and correct input errors prior to ordering a subscription during the registration process.

    23.5 Provider will not file a copy of these Terms and Conditions specifically in relation to each subscriber and, if the Provider updates these Terms and Conditions, the version to which the Customer originally agreed will no longer be available on our Services. For this reason, the Provider recommends that subscribers print and file a copy of these Terms and Conditions for future reference.

    23.6 These Terms and Conditions are provided to the Customer subscriber in the English language only.

    23.7 The subscription charges will be as set out on the Services from time to time. All subscription charges stated on the Services are stated inclusive of VAT.

    23.8 The Customer subscriber must pay to the Provider the subscription charges in respect of the first and any subsequent period of their subscription in advance, in cleared funds, in accordance with the instructions on the Services.

    23.9 Provider may vary subscription charges from time to time by posting new charges on the Services. However, such variations will not affect subscriptions that have already been paid for.

    23.10 The Customers subscription will be activated automatically within 24 hours following receipt of the subscription charges in cleared funds. The Customers subscription will continue for the relevant period set out on the Services, subject to early termination in accordance with these Terms and Conditions.

    23.11 The Provider will provide each Customer subscriber with a login and password to enable the subscriber to access the restricted areas of the Services. Customer subscribers must ensure that their login and password details are kept confidential. The Customer subscriber must notify us in writing immediately if they become aware of any unauthorised use of your login or password. The Customer subscriber is responsible for any activity on the Services arising out of any failure to keep their login and password confidential, and may be held liable for any losses arising out of such a failure.

    The Customer subscriber must not use any other person's login and password to access the Services.

    23.12 During the period of the Customers subscription, they will be able to access, using the login and password details that the Provider has given them, the premium content areas of the Services.

    23.13 the Customer subscriber is contracting as a consumer, the Customer may cancel a subscription at any time within 7 working days, beginning on the day after they receive the Providers acknowledgement of payment of the subscription charge, providing that they have not accessed the restricted areas of the Services during that period. If the Customer subscriber cancels a subscription in accordance with this provision, they will receive a full refund of the price paid. The Provider will usually refund any money received from the Customer subscriber using the same method originally used to pay for the purchase. The Provider will process the refund due to the Customer subscriber as soon as possible and, in any case, within 30 days of the day the Provider received their valid notice of cancellation. The Customer subscribers notice of cancellation should be sent to: [email protected]

    Schedule 1 (Acceptable Use Policy)

    1. Introduction

    1.1 This acceptable use policy (the "Policy") sets out the rules governing:

    (a) the use of the Services at kbprofessional.com, kbmanage.com, knowledgebrief.com, any successor website, and the services available on that website or any successor website (the "Services"); and

    (b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services ("Content").

    1.2 References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" are to KnowledgeBrief Ltd (and "we" and "our" should be construed accordingly).

    1.3 By using the Services, you agree to the rules set out in this Policy.

    1.4 We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services.

    1.5 You must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 18 years of age.

    2. General usage rules

    2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.

    2.2 You must not use the Services:

    (a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or

    (b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.

    2.3 You must ensure that all Content complies with the provisions of this Policy.

    3. Unlawful Content

    3.1 Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

    3.2 Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:

    (a) be libellous or maliciously false;

    (b) be obscene or indecent;

    (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

    (d) infringe any right of confidence, right of privacy or right under data protection legislation;

    (e) constitute negligent advice or contain any negligent statement;

    (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

    (g) be in contempt of any court, or in breach of any court order;

    (h) constitute a breach of racial or religious hatred or discrimination legislation;

    (i) be blasphemous;

    (j) constitute a breach of official secrets legislation; or

    (k) constitute a breach of any contractual obligation owed to any person.

    3.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

    4. Graphic material

    4.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question.

    4.2 Content must not depict violence.

    4.3 Content must not be pornographic or sexually explicit.

    5. Factual accuracy

    5.1 Content must not be untrue, false, inaccurate or misleading.

    5.2 Statements of fact contained in Content and relating to persons (legal or natural) must be true.

    6. Negligent advice

    6.1 Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services.

    6.2 Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.

    7. Etiquette

    7.1 Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

    7.2 Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.

    7.3 Content must not be liable to cause annoyance, inconvenience or needless anxiety.

    7.4 You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.

    7.5 You must not use the Services for the purpose of deliberately upsetting or offending others.

    7.6 You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.

    7.7 You must at all times be courteous and polite to other users of the Services.

    8. Marketing and spam

    8.1 You must not use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.

    8.2 Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.

    8.3 You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.

    8.4 You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.

    8.5 You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.

    9. Regulated businesses

    9.1 You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

    9.2 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.

    9.3 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.

    10. Monitoring

    10.1 You acknowledge that we may actively monitor the Content and the use of the Services.

    11. Data mining

    11.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.

    12. Hyperlinks

    12.1 You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.

    13. Harmful software

    13.1 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.

    13.2 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

    KnowledgeBrief Ltd is a private limited company registered in England with number 0545162 whose registered office is at 85 Great Portland Street, London, W1W 7LT the data protection registration number is Z2841145.

    Email (UK): [email protected]
    Phone (UK): 0204 5511855

    KB DOC 1.4 KBPro Service Terms and Conditions v4, 01/04/2021

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