Hub Terms and Conditions
These Terms and
Conditions consist of clauses relating to JCA questionnaires, reports,
programmes and materials; and JCA’s privacy Notice. By continuing to use the
JCA Hub you agree to be bound by the Terms and Conditions contained within this
these Terms and Conditions, “JCA” and “we” means JCA Global Ltd and “you” means
the person that is logging onto and using the JCA Hub.
User” means someone who has been trained and accredited in one or more JCA
Questionnaire or JCA Standard Programme;
User” means someone who uses the JCA Hub to administer JCA Questionnaires and
associated reports on behalf of one or more Accredited Users;
1.2.3 “JCA Questionnaire”
means one of JCA’s psychological questionnaires and the associated reports for which
JCA provides training in order for a person to be accredited in the use of the
questionnaire and associated reports, for example, but not limited to:
Emotional Intelligence Profile Executive report, Emotional Intelligence Profile
Development Summary, Emotional Intelligence Profile Snapshot, Team Emotional
Intelligence Profile, Leadership Climate Indicator and associated individual or
group reports, Personality Type Profile and associated reports, and 360
questionnaires and associated reports;
1.2.4 “JCA Standard
Programme” means one of JCA’s standard programmes for which JCA provide masterclass
training in order for a person to be accredited in the use and delivery of the
programme and associated materials, for example, but not limited to Introduction
to Emotional Intelligence, Managing with Emotional Intelligence, Leading with
Emotional Intelligence, Introduction to Emotional Intelligence, Organisational
Climate Change, and Developing Teams through Emotional Intelligence;
Materials” means any electronic or paper based materials produced by JCA and
includes, but is not limited to, facilitator guides, participant workbooks,
presentation slide decks, paper handouts, activity materials (such as feelings grid,
or attitude grid materials), memory jogger or summarising card, journals, and
1.3 These Terms
and Conditions apply to your ongoing use of the JCA Hub, JCA Questionnaires,
JCA Standard Programmes and JCA Materials to the exclusion of any other terms
and conditions specified by you or any of our previous terms and conditions.
1.4 If you
are an Accredited User, the training course you attend, if successfully passed,
may accredit you personally in one or more JCA Questionnaires or JCA Standard
Programmes. You must be accredited in each JCA Questionnaire or JCA Standard
Programme before you use it, for example, but not limited to, purchase and use
with a non-accredited individual, such as a coachee or workshop participant.
For the avoidance of doubt your accreditation in a JCA Questionnaire or JCA
Standard Programme does not accredit or give permission for others in your
organisation or any other third party to use said JCA Questionnaire or JCA
1.5 If you
are an Administrative User you may administer JCA Questionnaires and associated
reports on behalf of Accredited Users within your organisation.
and specifications of JCA Questionnaires, JCA Materials and JCA Standard
Programmes are correct at the time of publication in JCA's current price list
or other relevant literature, but are subject to change without notice. JCA
Questionnaires, JCA Materials and JCA Standard Programmes may also be withdrawn
courses, JCA Questionnaires, JCA Standard Programmes and JCA Materials are
supplied on the understanding that JCA does not have any liability of any kind (including
negligence) to you or third parties in connection with the training or your use
of JCA Questionnaires, JCA Standard Programmes or JCA Materials.
will use JCA Questionnaires, JCA Standard Programmes and JCA Materials that you
are accredited for with all the skill, care, diligence and professionalism expected
of an experienced and professional coach or facilitator and in-line with The
British Psychological Society Code of Ethics and Conduct. See https://beta.bps.org.uk/sites/beta.bps.org.uk/files/Policy%20-%20Files/Code%20of%20Ethics%20and%20Conduct%20%282009%29.pdf.
will ensure you have suitable insurance in place to cover your practice.
for JCA Questionnaires which can be used stand-alone, if accredited, you will
use and deliver JCA Standard Programmes in their entirety and as defined by JCA
in the facilitator handbook. For clarity you will not use individual
components, sections, activities or JCA Materials from a JCA Standard Programme.
Permission may be separately granted for you to use individual components,
sections, activities or JCA Materials from a JCA Standard Programme. This would
normally involve a JCA consultant reviewing your proposed use and there may be
a charge associated with this process and ongoing use. Please contact us for
more information. This clause is in place, in part, to ensure the JCA Standard
Programmes ar used as designed and therefore reduce the risk of any issues
arising through the use of the programmes.
You will not provide assistance or JCA Materials
to any individual or third party not accredited in a JCA Questionnaire or JCA
Standard Programme to lead workshops, coach teams or individuals or lead
sessions using said JCA Questionnaire, JCA Standard Programme or JCA Materials.
You commit to ensuring that every JCA Questionnaire
that requires a debrief session, for example, but not limited to: Emotional
Intelligence Profile Executive report and Emotional Intelligence Profile
Development Summary report, is delivered to an individual with a debrief
Questionnaire and report confidentiality must be upheld. Reports are the property of the individual
named on the report. You should take reasonable pre-cautions to ensure the
privacy of this information as well as will upholding relevant local
laws on data protection and data privacy.
2.7 If an Accredited User or an Administrative User leave your
organisation you will ensure their login is disabled, or you will contact JCA
for assistance in actioning this.
3. Purchase of JCA Materials
to availability, JCA normally dispatches standard (non-personalised) JCA Materials
within 5 business days, but in any event within 30 calendar days, following
receipt of funds paying for, or a valid purchase order for, the order.
delivery charges, based on a next day courier service, to cover postage and
packaging will apply to all paper based JCA Materials.
will not accept any JCA Materials for return except for within one month of
dispatch by JCA for defective goods. JCA will not reimburse any
shipping or delivery costs incurred to return JCA Materials.
have the right to cancel your order within 14 days of receiving your order for
which you will receive a full refund, less any postage and packing charges,
upon JCA Global Ltds safe receipt of the goods. If the items purchased are
digital downloads, then the right to cancel is waived upon download.
4. Intellectual Property
acknowledge that any and all of the Copyrights, Trademarks and other
intellectual property rights used or embodied in or in connection with your use
of JCA Questionnaires, JCA Standard Programmes and JCA Materials will remain
the property of JCA.
You may not modify or copy any of the JCA Questionnaires,
JCA Standard Programmes, or JCA Materials for resale, rental, give away or any
other form of distribution without the prior written consent of JCA. All rights
title and interest in the JCA Questionnaires, JCA Standard Programmes and JCA Materials
will remain with JCA.
5. Data Protection
terms used and references to Article numbers in this Data Protection Condition
shall have the meaning ascribed to them by the General Data Protection
Regulation (Regulation (EU) 2016/679 of the European Parliament and of the
Council of 27 April 2016 on the protection of natural persons with regard to
the processing of personal data and on the free movement of such data) (“GDPR”)
unless otherwise stated.
between the parties, all personal data as defined by the GDPR (“Personal Data”)
processed under or in connection with this Agreement shall be and shall remain
the property of the Client.
Global acknowledges that in respect of any processing of Client Personal Data
by JCA Global under or in connection with this Agreement, JCA Global shall be
acting as data processor and the Client shall be acting as data controller.
Client is solely and wholly responsible for establishing and maintaining the
lawful basis for the processing by JCA Global under this Agreement including
where appropriate obtaining all necessary consents from data subjects.
Global warrants that in relation to this Agreement, JCA Global will comply with
all the requirements of the GDPR as may be amended from time to time (and
regulations made under it).
contractual obligations which a controller is required to impose on a processor
under Article 28(3) (“Statutory Processor Obligations”) shall be fully
incorporated into this Agreement and shall apply to JCA Global in respect of
all and any processing of Client Personal Data by JCA Global. If and to the
extent that any of the Statutory Processor Obligations conflict with any other
obligations imposed on JCA Global under this Data Protection Condition, the
relevant Statutory Processor Obligations shall prevail. In order to comply with
Article 28(3), the parties have documented the subject-matter, duration, nature
and purpose of the processing as set out in the Appendix (Article 28 Data
Processing Information) attached to these Conditions.
5.7 To the
extent that JCA Global processes Client Personal Data, it shall, subject to
Statutory Processor Obligations:-
(a) only use the Client Personal Data for the legitimate purposes of
performing its obligations under this Agreement, unless required by law to
process it differently (in which case, if permitted by such law, promptly
notify the Client of that requirement before processing);
(b) act only on instructions from the Client given from time to time
in relation to the Client Personal Data;
(c) not do or permit anything to be done through any act or omission
which would cause the Client to incur any liability under the GDPR;
(d) promptly notify the Client (and in any event within five (5)
business days) if it is contacted or approached in relation to:
(i) any subject access request under the GDPR or other
request for information;
(ii) any other request from a data subject;
(iii) any claim for damages under the GDPR; and/or
(iv) any investigation or enforcement activity by the
Information Commissioner or any other regulator,
in each case relating to,
connected with, or arising out of, JCA Global’s processing of Client Personal
(e) subject to a reasonable fee made by JCA Global, provide to the
Client reasonable assistance and cooperation the Client requests in relation to
any lawful request, claim, investigation or enforcement activity notified to
the Client, any lawful claim and/or exercise or purported exercise of rights by
a data subject under the GDPR or any investigation or enforcement activity by
the Information Commissioner or any other regulator, relating to, connected
with or arising out of JCA Global’s processing of Client Personal Data;
(f) excepting JCA Global’s systems hosting providers, details of which
are available in the relevant system’s privacy notice, and JCA Global’s
associate facilitators, not engage another processor to process Client Personal
Data (or otherwise sub-contract or outsource the processing of any of the
Client Personal Data to any third party) without the prior consent of the
Client. In its absolute discretion, the
Client may provide consent to JCA Global’s use of a third-party processor, but
any consent granted shall be conditional on JCA Global obtaining the third
party’s written agreement to abide by and honour terms relating to the
processing of Client Personal Data which are consistent with the GDPR;
(g) ensure that reasonable technical and organisational measures are in
place to ensure the security of Client Personal Data (including appropriate
encryption) and that reasonable technical and organisational measures are taken
against unauthorised or unlawful processing of Client Personal Data and against
accidental loss or destruction of, or damage to, Client Personal Data;
(h) ensure that personnel who have access to Client Personal Data are
bound by appropriate confidentiality obligations;
(i) not transmit or transfer nor permit any authorised sub-processor
to transmit or transfer any Client Personal Data to any country or place
outside the European Economic Area without an adequate level of protection as
defined in data protection laws other than in respect of those recipients in such
countries listed at https://www.psionline.com/privacy-policy unless authorised
in writing by Client in advance.
JCA Global’s parent company
PSI Services LLC supply some of JCA Global’s administrative and support systems
(for example, but not limited to, Office 365 email and customer relationship
management system). PSI Services has certified to the EU-US Privacy Shield
Framework and particularly, as agreed to between the US Department of Commerce,
the European Commission, the Swiss Administration and the United Kingdom,
respectively, regarding its collection, use, and retention of personal
information from EU member countries, Switzerland and United Kingdom. PSI shall
process Client Personal Data held in these administrative and support systems
in the United States.
When requested by Client, and
to the extent required by applicable data protection laws, JCA Global shall
promptly enter into (or procure that any relevant sub-processor of JCA Global
enters into) an applicable agreement for data transfer such as the EU’s
standard contractual clauses and/or such variation as data protection laws
might require, in respect of any processing of Personal Data in a country
outside of the European Economic Area without an adequate level of protection;
(j) inform the Client without undue delay on becoming aware of any
breach of JCA Global's obligations under this Agreement or any other event
relating to Client Personal Data that falls within the definition of 'personal
data breach' set out in Article 4(12) of the GDPR and co-operate with the
Client in respect of the measures that should be taken in response; and
(k) seven years after the end of provision of services relating to
processing of Client Personal Data, or upon receipt of a written request from
the Client if earlier, JCA Global will destroy such of the Client Personal Data
as is in its possession in such a way as to render the Client Personal Data
irrecoverable by any means.
6. Each of
the above and below Terms and Conditions shall be read and construed
independently of each other so that if one or more is held to be invalid for
any reason whatsoever, then the remaining Terms and Conditions shall be valid.
Further, if any Term or Condition is found to be void, but would be valid if
some part of it were deleted, then such Term or Condition shall apply with such
modification as may be necessary to make it valid and effective.
granted under these Terms and Conditions are not assignable, transferable,
saleable or subject to sub-license agreement without the prior written approval
failure at any time or for any period to enforce any one or more of these Terms
and Conditions shall not be a waiver of them or a waiver of our right to
enforce such Terms and Conditions in the future.
shall not be responsible for any failure to perform our obligations due to
circumstances beyond our control.
10. We reserve
the right to change these Terms and Conditions at any time without prior notice
These Terms and Conditions are governed by
English Law and we and you submit to the exclusive jurisdiction of the English
Notice: JCA Global Hub
Please note: This Privacy Notice
is currently only available in English. Translations will be made available in
the near future.
The aim of this privacy notice is
to explain to you how we control and process your data. This includes the
collection, usage, disclosure, transfer, storage and disposal of your data. We
have made updates to reflect the high standards established by the General Data
Protection Regulation (GDPR), a set of laws passed by the European Union and
adopted by the UK.
Maintaining and safeguarding your
privacy and personal information is our top priority. We adhere to the
following principles to protect your privacy in relation to your use of the JCA
Hub software (“Hub”) created by JCA Global Ltd (“JCA Global”) for computing
devices, including laptops, desktops and mobile devices. The Hub is a
development and assessment administration tool which is configurable for JCA’s
This Privacy Notice explains the
About Our Psychometric Questionnaires
Your Opt-out rights
Sharing Your Personal Information
JCA Global Contacting You
If you are a Child
How Long We Hold Your Data
Your Data is Deleted
Out What Data We Hold About You
Security and Data Protection
Track Browser Settings
To This Notice
By using the Hub, you are
consenting to our processing of your information as set forth in this Privacy
Notice now and as amended by us. "Processing,” means using software on a
computer/hand held device or using or touching information in any way,
including, but not limited to, collecting, storing, deleting, using, combining
and disclosing information, all of which activities will take place in the
European Economic Area under the Data Protection Act/General Data Protection
Regulation 2018 (these laws are referred to collectively in this Privacy Notice
as the "data protection laws"). No website can be completely secure.
We handle your information in accordance with data protection laws.
The Hub obtains the information
you, or an administrator on your behalf, provide when you access and use the
system. When you register with us and use the Hub, you generally provide (a)
your name, email address, user name, password and other registration
information; (b) progress-related information, such as when you complete
answers to a questionnaire; (c) information you provide us when you contact us
for help; (d) information you enter into our system when using the Hub, such as
additional profile information.
We protect your personal
information and will only provide it to third parties: (1) with your consent;
(2) where it is necessary to carry out your instructions; (3) as reasonably
necessary in order to provide our features and functionality to you; (4) when
we reasonably believe it is required by law, summons or other legal process; or
(5) as necessary to protect the rights, property, or safety of JCA Global, our
clients, and the public.
Data captured on the Hub is
processed and stored at Fasthosts Internet Limited. Fasthosts Internet Limited
is registered with the Information Commissioner’s Office (Registration Number:
The data is managed by JCA Global
Ltd. JCA Global is registered with the Information Commissioner’s Office
(Registration Number: Z5176267).
Hub users’ contact information,
response data and ratings are accessible to a limited number of specifically
authorised employees of JCA Global. All operators are employed under contracts
that set down strict confidentiality regulations governing their behaviour.
Contact details may be used by
JCA Global to invite Hub users to take part in research and surveys related to
the self-assessment or 360-degree feedback processes. Participation in these
research and surveys is entirely voluntary.
In addition, the Hub may collect
certain information automatically, including, but not limited to, the type of
computing device you use, your computer’s unique device ID, the IP address of
your computer, your computer’s operating system, the type of Internet browsers
you use, and information about the way you use the Hub.
The Hub does not collect precise
information about the location of your computing device.
About Our Psychometric
If you complete a JCA questionnaire (e.g. Emotional Intelligence Profile (EIP),
Leadership Climate Indicator (LCI), Personality Type Profile (PTP)), you may be
asked to provide some personal information such as your age, gender, job
seniority level and ethnicity (a “special category” of personal data). If you
prefer not to disclose this information you can select the option “Not stated”.
We collect and store this information in order to perform statistical analyses
of our questionnaires and to conduct research studies. This information is kept
strictly confidential. Questionnaire response data is accessible by JCA Global.
By completing a questionnaire,
you agree that the data you give when completing the questionnaire can be used
by JCA Global for research purposes, which will help to improve future versions
of the questionnaire. No individual will be identified or identifiable in any
research findings or results created from such data since the data we use for
research purposes is anonymised. If you do not want
your data to be used in this way, please do not complete the questionnaire.
Questionnaire responses will be
compiled, and typically findings will be made available to you in the form of a
report. Some reports will need to be fed back to you by an accredited feedback
facilitator. The feedback facilitator may be a JCA Global employee or a third
party facilitator instructed by you, JCA Global, or your employer. If you do
not want your data to be used in this way, please do not complete the
Your Opt-out rights
You can stop all further collection of information by the Hub by not accessing
and using the Hub.
Sharing Your Personal Information
We will keep your information within JCA Global
except where disclosure is required or permitted by law (for example to
government bodies and law enforcement agencies) or a third-party facilitator
instructed by you, JCA Global, or your employer.
The Hub contains hyperlinks to websites owned and
operated by third parties. These third-party websites have their own privacy
review them. They will govern the use of personal information you submit when
visiting these websites, which may also be collected by cookies. We do not
accept any responsibility or liability for the privacy practices of such
third-party websites and your use of such websites is at your own risk.
JCA Global Contacting You
General contact - We may contact you in relation to
any contact or enquiry that you submit to us when using the Hub. This also
relates to any personal information you provide to us by phone, SMS, email, in
letters and other correspondence and in person.
update communication – If you are a Hub Administrator we will contact you in
relation to operational updates, for example planned downtime due to
maintenance and functional changes to the Hub.
for marketing purposes - We will only send you marketing emails where you have
agreed to this. We offer regular emails and bulletins to let you know about JCA
Global news and services.
If you are a Child
If you are aged 16 or under, please get your parent
or guardian’s permission before you submit any personal information to JCA
Global when using our Hub services. This also relates to any personal
information you provide to us by phone, SMS, email, in letters and other
correspondence and in person.
How Long We Hold Your Data For
We will hold your personal information on our systems for as long as is
necessary for undertaking of the relevant activity, or as long as is set out in
any relevant contract you hold with JCA Global. We will normally keep your
personal information for seven years after your last use of the Hub. This time
period may be increased or decreased by your employer if you are using the Hub
through your employer. We may keep certain information even after you close
your account if it is necessary to comply with our legal obligations, meet
regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce
Requesting Your Data is Deleted
see the section on finding out what data JCA Global holds about you.
Finding Out What Data We Hold About You
Data Protection Act/General Data Protection Regulation you have the right to
request a copy of the personal information JCA Global holds about you and to
have any inaccuracies corrected or your data deleted. We require you to prove
your identity with 2 pieces of approved identification. We will use reasonable
efforts consistent with our legal duty to supply, correct or delete personal
information about you on our files. If you request your personal data is
deleted, we will remove all identifying personal information so that your
answers to any questionnaires are anonymised and therefore are no longer
Personal Information. Please address requests and questions about this or any
other question about this Privacy Notice to the Data Manager, JCA Global, using
the email@example.com email address.
We will need two copies of forms
of identification, which can be:
bill (from last 3 months)
vehicle registration document
statement (from last 3 months).
Security and Data Protection
We maintain strict security standards with a view to preventing unauthorised
access to your data. We use leading technologies such as (but not limited to)
data encryption, firewalls and server authentication to protect the security of
your data. JCA Global observe these privacy standards and any third parties who
work with and for us (as they may do to provide services connected with this
Hub) are required to observe these privacy standards.
The Hub uses "cookies", a technology that installs information on a
website user's computer to permit the website to recognise future visits using
that computer. Cookies enhance the convenience and use of the website.
For example, the information
provided through cookies is used to recognise you as a previous user of the
website, to track your activity at the website in order to respond to your
needs, to offer personalised web page content and information for your use, to
automatically populate online forms with your personal information for your
convenience, and to otherwise facilitate your website experience. You may
choose to decline cookies if your browser permits but doing so may affect your
use of this website and your ability to access or use certain website features.
Do Not Track Browser Settings
track (DNT) is a feature offered by some browsers, with some newer browsers
offering it as default. If you enable it, it sends a signal to websites to
request that your browsing isn't tracked, for example by third party or social
networks, or analytic companies. At present no industry-wide uniform standard
has been agreed and adopted to determine how DNT requests should be managed, so
our website doesn’t currently respond to DNT requests. Until that standard is
established, we'll continue to review DNT and other new technologies, but won't
respond to DNT requests. We're giving you this information to comply with
recent legislation, and to ensure that we are honest and clear about your
privacy when using our website.
You are responsible for keeping your computer, phone or tablet (or any other
device you use to access the Hub) secure both physically (by ensuring that
nobody else handles it) and electronically (by avoiding loading or running any
software on it that might pose a security risk) and keeping all passwords
Changes To This Notice
This Privacy Notice may be updated from time to time for any reason. We will
notify you of any changes to our Privacy Notice by posting the new Privacy Notice
here. You are advised to consult this Privacy Notice regularly for any changes,
as continued use is deemed approval of all changes.
If you have any questions regarding privacy while using the Hub, or have
questions about our practices, please contact us via email at: firstname.lastname@example.org.
1 to the Terms and Conditions
Article 28 Data Processing
purpose of this Appendix 1 is ensure the parties comply with their obligation
set out in the part of Article 28(3) of the GDPR which states that:-
by a processor shall be governed by a contract … that sets out the
subject-matter and duration of the processing, the nature and purpose of the
processing, the type of personal data and categories of data subjects and the
obligations and rights of the controller.”
Data Protection Condition and/or other provisions of the Agreement set out most
of the information detailed above, including the obligations and rights of the
data controller. For completeness we set
out further information below.
processing of Personal Data by JCA Global shall be undertaken in the context of
the provision of the products and services under the Agreement.
Global shall process Client Personal Data during the Term of the Agreement,
unless the Agreement is terminated earlier.
JCA Global will destroy such of the Client Personal Data as is in its
possession seven years after the end of provision of services or upon receipt
of a written request from the Client if earlier.
Nature and purpose of
Global shall process Client Personal Data for the purpose of the products and
services under the Agreement.
Type of personal data
on the products services to be provided under the Agreement it is envisaged JCA
Global shall process:
Facilitated course/programme: name, job title, email address, phone
JCA Global Psychometrics/360s: name, job title, email address, age,
gender, job seniority level and ethnicity (a “special category” of Personal
Data). If the data subject prefers not to disclose this information they can
select the option “Not stated”.
Accreditation training: name, job title, email address, postal
address, phone number, accreditation status.
Categories of data subjects
Supplier shall process Personal Data of the Client’s employees, associates and
contractors and/or clients of the Client.
Obligations and rights of
the data controller
obligations and rights of the data controller are set out in the Data
Protection Condition of the Agreement.