JCA Global Terms and Conditions to proceed:

JCA 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 agreement. 

  1. In 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. 

 

  1. Other definitions are:  

  1. “Accredited User” means someone who has been trained and accredited in one or more JCA Questionnaire or JCA Standard Programme; 

  1. “Administrative User” means someone who uses the JCA Hub to administer JCA Questionnaires and associated reports on behalf of one or more Accredited Users; 

  1. “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. “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; 

  1. “JCA 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 jogging or summarising card, journals, and mats. 

 

  1. 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. 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 Standard Programme. 

 

  1. If you are an Administrative User you may administer JCA Questionnaires and associated reports on behalf of Accredited Users within your organisation. 

 

  1. Prices 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 without notice. 

 

  1. Training 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. 

 

  1. Your Commitments 

  1. You 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 

 

  1. You will ensure you have suitable insurance in place to cover your practice. 

 

  1. Excepting 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. 

 

  1. 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. 

 

  1. 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 session. 

 

  1. JCA 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.   

 

  1. 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. 

 

  1. Purchase of JCA Materials 

  1. Subject 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. 

 

  1. Standard delivery charges, based on a next day courier service, to cover postage and packaging will apply to all paper based JCA Materials. 

 

  1. JCA 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. 

 

  1. Intellectual Property 

  1. You 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. 

 

  1. 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. 

 

  1. Data Protection 

  1. All 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. 

  1. As 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.  

  1. JCA 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. 

  1. The 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. 

  1. JCA 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). 

  1. The 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. 

  1. 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 Data; 

(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 any Client Personal Data to any country or place outside the European Economic Area without the Client’s prior written consent; 

(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. 

 

General Terms 

  1. 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. 

 

  1. Rights granted under these Terms and Conditions are not assignable, transferable, saleable or subject to sub-license agreement without the prior written approval of JCA. 

 

  1. Our 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. 

 

  1. We shall not be responsible for any failure to perform our obligations due to circumstances beyond our control. 

 

  1. We reserve the right to change these Terms and Conditions at any time without prior notice to you. 

 

  1. These Terms and Conditions are governed by English Law and we and you submit to the exclusive jurisdiction of the English courts. 

 

Privacy 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 clients.  

This Privacy Notice explains the following: 

  • Personal Information Processing 

  • About Our Psychometric Questionnaires 

  • Your Opt-out rights 

  • Sharing Your Personal Information 

  • Third-Party Websites 

  • JCA Global Contacting You 

  • If you are a Child 

  • How Long We Hold Your Data 

  • Requesting Your Data is Deleted 

  • Finding Out What Data We Hold About You 

  • Security and Data Protection 

  • Cookies 

  • Do Not Track Browser Settings 

  • Your Responsibilities 

  • Changes To This Notice 

  • Contacting Us 

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. 

Personal Information Processing 
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: Z2154514).  

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 Questionnaires  
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 questionnaire.  

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. 

Third-Party Websites 
The Hub contains hyperlinks to websites owned and operated by third parties. These third-party websites have their own privacy policies, and are also likely to use cookies, and we therefore encourage you to 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. 

Service 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. 

Contact 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 this agreement. 

Requesting Your Data is Deleted 
Please see the section on finding out what data JCA Global holds about you. 

Finding Out What Data We Hold About You 
Under the 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 productinfo@jcaglobal.com email address. 

We will need two copies of forms of identification, which can be: 

  • Passport 

  • Driving licence 

  • Birth certificate 

  • Utility bill (from last 3 months) 

  • Current vehicle registration document 

  • Bank 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.  

Cookies  
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 
Do not 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. 

Your Responsibilities  
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 secret.  

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.  

Contacting Us  
If you have any questions regarding privacy while using the Hub, or have questions about our practices, please contact us via email at: productinfo@jcaglobal.com 

 

 

APPENDIX 1 to the Terms and Conditions 

Article 28 Data Processing Information 

The 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:- 

“Processing 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.” 

The 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. 

Subject matter  

The processing of Personal Data by JCA Global shall be undertaken in the context of the provision of the products and services under the Agreement.  

Duration 

JCA 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 processing 

JCA Global shall process Client Personal Data for the purpose of the products and services under the Agreement. 

Type of personal data 

Dependent 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 number. 

  • 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 

The 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 

The obligations and rights of the data controller are set out in the Data Protection Condition of the Agreement.