Terms of Use
Introduction
These terms and conditions apply between you the User of this Website (including any subdomains unless expressly excluded by their own terms and conditions), and Young Rail Professionals Limited (a company registered in England and Wales under company
number 08963662), the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur on your first
use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions User or Users means any third-party that accesses the Website and is not either (i) employed by Young Rail Professionals Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing
services to Young Rail Professionals Limited and accessing the Website in connection with the provision of such services.
Intellectual property and acceptable use
1 :- All Content included on the Website and uploaded by Users is the property of Young Rail Professionals Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images,
audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
By continuing to use the Website, you recognise that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
2 :- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen;
- print one copy of the Content
3 :- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Young Rail Professionals Limited.
4 :- You acknowledge that you are responsible for any Content you may submit via the Website including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise
publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or
otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software, viruses, political campaigning, chain letters, mass
mailing, or any form of “spam”. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
5 :- You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will
not cause injury to any person; and that you will indemnify Young Rail Professionals Limited for all claims resulting from Content you supply.
Prohibited use
6 :- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
- be in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order; or
- making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner.
7 :- If you wish to complain about any Content, please contact us via the Report Abuse form.
Registration
8 :- You must ensure that the details provided by you on registration or at any time are correct and complete.
9 :- You must inform us immediately of any change to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
10 :- We may suspend or cancel your registration with immediate effect for any reasonable purpose or if you breach these terms and conditions.
11 :- You may cancel your registration at any time by contacting us on [hyperlink to
email address or 'contact us' page on the YRP website?]. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
12 :- When you register on this Website, you will be asked to create a password which you should keep confidential and not disclose or share with anyone.
13 :- If we have reason to believe that there is or likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links to other Websites
14 :- This Website contains links to other sites. Unless expressly stated, these sites are not under the control of Young Rail Professionals Limited or that of our affiliates.
15 :- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
16 :- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or those in control of them.
Privacy Policy
17 :- Use of the Website is also governed by our Privacy Policy, which are incorporated alongside these Terms of Use.
Availability of the Website and disclaimers
18 :- Any online facilities, tools, services or information that Young Rail Professionals Limited makes available through the Website is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects
and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactorily quality. Young Rail Professionals Limited is under
no obligation to update information on the Website.
19 :- Whilst Young Rail Professionals Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for
their own security, that of their own personal details and their computers.
20 :- Young Rail Professionals Limited accept no liability for any disruption or non-availability of the Website.
21 :- Young Rail Professionals Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue
to apply to any modified version of the Website unless it is expressly stated otherwise.
22 :- The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate for use or available in other locations.
Limitation of liability
23 :- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent
misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
24 :- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
25 :- To the maximum extent permitted by law, Young Rail Professionals Limited accepts no liability for any of
the following:
- any business losses, such as profits, income, revenue, anticipated savings, business contracts, goodwill or commercial opportunities;
- loss of or corruption of any data, database or software; or
- any special, indirect or consequential loss or damage.
General
26 :- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
27 :- These terms and conditions may be varied by us from time to time and such revised terms will apply to the Website from the date of publication. Every time you wish to use the Website, please check these terms and conditions to ensure
you understand the terms and conditions that apply at that time.
28 :- These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have
taken place in relation to the terms and conditions.
29 :- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
30 :- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision (or that part of the provision) will, to the extent required, be
deemed to be deleted, and the validity and enforceability of the other provisions of the terms and conditions will not be affected.
31 :- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
32 :- This agreement shall be governed by and interpreted according to English law and all disputes arising under this agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England
and Wales.
Privacy Policy
1 :- Welcome to the Young Rail Professionals (YRP) privacy notice. This covers our members, but also some non-member partners, such as Rail Week contributors and subscribers.
2 :- Membership to the Young Rail Professionals is activated through submission of a membership application on our website, and terminated by email request to the National Secretary.
3 :- When non-members subscribe to a YRP event or mailing list, or submit data in support of a YRP sponsored activity, they are classed as a YRP partner. We afford YRP partners the same privacy policy and commitment to data protection as our members.
4 :- We respect your privacy and are committed to protecting your personal information, which we call “personal data”. This privacy notice will tell you how we look after your personal data and about your privacy rights. It supplements any other notices
and is not intended to override them.
Who we are
Data Controller (referred to as “we/us/our”)
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Young Rail Professionals Ltd.
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Address:
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30 Nelson Street Leicester LE1 7BA
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DPO Email:
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chairsoffice@youngrailpro.com
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5 :- You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) (www.ico.org.uk
). We would appreciate the chance to address your concerns first.
Changes
6 :- This version was last updated on 02/06/2020 and historic versions can be obtained by contacting us.
7 :- If you wish to keep your YRP information up-to-date then you can do so using the “edit profile” service on the YRP members website. Alternatively you can email the Data Protection Officer to update the information on your behalf.
How we collect your personal data
8 :- We collect personal data when
- You submit your application to become a YRP member through our website;
- You change your personal details or preferences via our website or by email to the National Secretary;
- You subscribe to an event, mailing list or activity as a non-member partner;
- You submit to us a survey or feedback form by email or post, unless the survey is anonymised;
- You submit an expense claim through YRP's expenses system.
- You attend a YRP event.
What personal data do we collect?
9 :- Below we have listed;
- Data we hold on all YRP members (indicated by X in “Yes” column);
- Data we may hold on any YRP member or partner, dependent on the preference selected by a member/partner at the time of data submission (indicated by X in “Optional” column).
Personal Data
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Yes
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Optional
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Personal contact details (Name, title, address, telephone number and email address)
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X |
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Date of birth
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X |
Gender
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X |
Profile photograph
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X |
STEMNET trained status
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X
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Education / Experience
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X
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Payment card |
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X
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PROFESSIONAL DATA
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|
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Employment details including organisation, employment status, title, location, and contact details.
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X
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Rail career start date
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X
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Entry route into rail
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X
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Membership of other institutions
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X
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We also collect the following types of more sensitive personal information for diversity monitoring to ensure that YRP is accessible to everyone. Diversity Monitoring data is never made accessible to YRP Members and is restricted to select YRP Committee
Members.
SENSITIVE PERSONAL DATA
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Yes
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Optional
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Race & Ethnicity
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X
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Sexual orientation
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X |
Education Level
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X |
Disability and health conditions
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X |
10 : - When you attend a YRP webinar it may be recorded and shared with the attendees and wider YRP community, including on the public YRP website. Any verbal or publicly written communication can be captured and shared in this recording. If you would
prefer to not be included in the recording please let the organiser know in writing prior to the event, otherwise we will take acceptance to participate/attend as acceptance of these terms.
11 : - When you attend a YRP event we may take photos for marketing and promoting YRP. Please let the organiser of the
event know in advance if you do not wish for your photo to be used.
Posts on the YRP Social Link community
12 :- When you post information, photographs and upload files on YRP's Social Link community, or comment on an article, the information your post may be publicly accessible. This information can be viewed online and collected by other people. We are not
responsible for the way these other people use this information.
13 :- We strongly recommend you avoid sharing any personal details and confidential information that is the property of your employer, and especially information that can be used to identify you directly such as your name, age, address and name of employer.
We are not responsible for the privacy of any identifiable information that you post in our online community.
How we use your personal data
14 :- We will only use your personal data when the law allows us to.
15 :- We have set out below how and why we plan to use your personal data.
Purpose/Activity
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Lawful basis for processing including basis of legitimate interest
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To manage our relationship with you which will include:
- Notifying you about changes to our terms or privacy policy
- Notifying you about changes to your membership which are relevant to you
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Necessary to comply with a legal obligation
Necessary for our legitimate interests (to keep our records updated and to study how people use our business)
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To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
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Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
Necessary to comply with a legal obligation
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To make suggestions and recommendations to you about events or opportunities that may be of interest to you
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Necessary for our legitimate interests (to develop and grow our business)
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Asking you to partake in a review or complete a survey
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Necessary for our legitimate interests (to study how people use our business, to develop and grow our business)
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To use data analytics to improve our website
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Necessary for our legitimate interests (to define types of people for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
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To pay expenses by bank transfer |
Necessary for our legitimate interests (for running as per our expenses policy our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring
exercise)
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Promotional offers from us
16 :- We will use your personal data to form a view on what we think you may want or need, or what may be of interest to you.
17 :- Material may be provided to our marketing department by a third party, for instance an academic institution or conference provider, but will always be reviewed and sent from a YRP email address.
Other marketing
18 :- We will never share your personal data with a third party for marketing purposes.
Opting out
19 :- To stop receiving material from us you can terminate your membership at any time by emailing hello@youngrailprofessionals.com.
Cookies
20 :- A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which
the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number.
21 :- We use cookies in the following ways:
- (i) to help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests; and
- (ii) to track user traffic patterns to see how effective our navigational structure is in helping users reach that information and to help us ensure that its structure is workable; and
- (iii) to compile anonymous, aggregated statistics that allow us to determine the usefulness of our Website information.
22 :- You cannot be identified personally from a cookie. Cookies cannot read data off your hard disk or read cookie files created by other sites.
23 :- You have the ability to accept or reject cookies by modifying the settings in your browser when it alerts you to its presence. To change your cookie setting within your Internet Explorer or to reject or request permission for cookies, click on Tools/Internet
Options/Privacy. More information about cookies, including how to block them and/or delete them, can be found at AboutCookies.org
24 :- You do not need to have cookies turned on to use or navigate through many parts of our Website, however this may limit some of the functions available on the Website and you may not be able to use all the interactive features.
Change of purpose
25 :- Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
26 :- However, if we need to use your personal data for a new purpose and the law allows us to do so, we will notify you and explain the legal basis for our actions.
Third-party links
27 :- Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and
are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Disclosures of your personal data
28 :- We never share your personal data with third parties.
International transfers
29 :- The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff
maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all
steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
Data Security
30 :- We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those YRP committee
members or third parties (for example, our web engineer contractors) who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
31 :- We have put in place
procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will we use your personal data for?
32 :- We will hold your information for the length of your membership plus our standardised archiving rule – our archiving rules have been built in line to satisfy legal, accounting and external reporting requirements
33 :- To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we
process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
34 :- You can ask us about the retention periods for different aspects of your personal data by contacting our Data Protection Officer.
35 :- In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your legal rights
36 :- You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where
you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not
always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel
it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process
your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data
is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to
verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to
automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not
be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your
request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed
to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) (www.ico.org.uk). We would appreciate the chance to deal with your concerns first.