Terms and Condtitions

This Agreement details the licence we grant users and governs their use of the Phonics Tracker educational resource including the paper based resources, the www.phonicstracker.com website hence know as ‘Phonics Tracker’.
By subscribing, whether on a paid and trial basis, users are agreeing to the terms that appear below.

General
  1. Users' access to and use of Phonics Tracker is conditional on their acceptance and compliance with the terms, conditions, notices and disclaimers contained within this Agreement and the site.
  2. We reserve the right to revise and update the general conditions at any time effective on the date of posting to the site the new and/or revised provisions.
  3. All Users must agree to the GDPR policy. Access constitutes the User's agreement to be bound by the Privacy Policy and constitutes the user's consent to the collection, storage, use and dissemination of the User's personal information in accordance with the GDPR policy.
Subscriptions
  1. In order to access and use Phonics Tracker, all users must have a valid subscription or trial. All access and use of Phonics Tracker is strictly limited to the User's subscription period (or where applicable, trial period). If a subscription period (or where applicable, trial period) expires and the user has not applied for, and paid for, a new subscription, the user's account will be immediately terminated.
  2. Subscriptions to TTRS are for non-commercial use only. Subscriptions are not transferable.
  3. We reserve the right to cancel unpaid subscriptions.
  4. Users of the site and are liable for their own internet usage and mobile device charges. It is the responsibility of Users to ensure their computers, mobile devices and internet access is sufficient to access Phonics Tracker.
  5. Any User found to be intentionally misusing the Site or Apps (e.g. hacking or sending fraudulent results) will have their subscriptions revoked without refund. Users are not to use rude or inappropriate words as part of their school profile data.
  6. Users must protect their usernames and passwords from unauthorised use.
  7. We reserve the right to levy additional charges for access to resources/subscription numbers beyond the scope of the initial subscription.
Ownership of Content
  1. All materials forming the paper based version of Phonics Tracker, and all materials displayed on the site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trademarks on the paper based version, the site are protected by copyright, trademark and other intellectual property laws unless otherwise indicated.
  2. Copyright in the Site (including text, graphics, logos, icons, sounds recordings, computer code and software) and the Content is owned or licensed by Phonics Tracker. Users must not in any form or by any means:
    1. adapt, copy, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the content; or
    2. commercialise any information, products, or services obtained from any part of the content.
  3. Users must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit, share or distribute this content in any way except as expressly provided for in these conditions or with our express prior written consent.
  4. Users must not use the content for commercial purposes without first obtaining our prior written consent.
Access to and use of Phonics Tracker
  1. Schools may print the paper based version of Phonics Tracker for use by their staff and pupils only.
  2. Schools may print, and save electronic copies of resources specifically available on the site for users, but only if they can keep all content intact and in the same form as presented on the site.
  3. Users must not access or use the Site or the Content in any manner or for any purpose which:
    1. is illegal or prohibited by any laws that apply to the user;
    2. violates our rights in any way;
    3. is prohibited by the general conditions.
  4. Users must take their own precautions to ensure that the process, which they employ for accessing the site, does not expose them to the risk of viruses, malicious computer code, or other forms of interference, which may damage their own computer system or mobile device. We do not accept responsibility for any interference or damage to users' own computer systems, mobile devices or data, which arises in connection with their access and/or use of the site.
Disclaimer and Limitation of Liability
  1. Although we have no reason to believe that any information contained within Phonics Tracker, including our site, is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep the site updated.
  2. We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in the site. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the site will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Phonics Tracker is provided "as is" without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
  3. Neither we, nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, howsoever arising (whether in negligence or otherwise) in connection with users' use of, and/or access to, Phonics Tracker, the Apps, the Content, or any omissions from the Content, save where legislation states otherwise.
Indemnity
  1. All Users must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified against all losses, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by the user of the conditions.
Termination
  1. We may terminate access to the site at any time without notice. These conditions will nevertheless survive any such termination.
Advertising and Links to other websites
  1. The Site may contain links to third party sites (Our Partners). Linked Sites are not under our control and we are not responsible for the content of any partner. We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or our directors, officers, agents, employees and contractors. Users link to any partner sites entirely at their own risk.
  2. Neither we nor our directors, officers, agents, employees or contractors give any representation or warranty as to the reliability, accuracy, or completeness of any Linked Sites, nor do we accept any responsibility arising in any way for any errors in, or omissions from, any partner sites.
Information we may collect from you

We use information held about you in the following ways:

  1. Information you give to us. We will use this information:
    1. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
    2. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
    3. to provide you with tips on how to use parts of the service, information about new features on our site.
    4. to notify you about changes, improvements, and upgrades to our service;
    5. to ensure that content from our site is presented in the most effective manner for you and for your computer;
    6. where applicable, to allow you to see how different groups of learners in your school - for example, boys/girls, pupil premium/non-pupil premium, SEN/non-SEN, etc. – are performing.
  2. Information we collect about you. We will use this information:
    1. to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    2. to improve our site to ensure that content is presented in the most effective manner for you and for your computer and to enhance the site generally;
    3. to calculate your phonics scores and those of your pupil(s);
    4. for the preparation of statistical reports and data analysis to assist us in enhancing the learning from our site;
    5. as part of our efforts to keep our site safe and secure.
  3. 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).
Cookies
  1. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them please see relevant paragraph below.
Uses made of the information

We use information held about you in the following ways:

  1. Information you give to us. We will use this information:
    1. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
    2. to provide you with tips on how to use parts of the service, information about new features on our site.
    3. to notify you about changes, improvements, and upgrades to our service;
    4. to ensure that content from our site is presented in the most effective manner for you and for your computer;
    5. where applicable, to allow you to see how different groups of learners in your school - for example, boys/girls, pupil premium/non-pupil premium, SEN/non-SEN, etc. – are performing.
  2. Information we collect about you. We will use this information:
    1. to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    2. to improve our site to ensure that content is presented in the most effective manner for you and for your computer and to enhance the site generally;
    3. to calculate your phonics scores and those of your pupil(s);
    4. for the preparation of statistical reports and data analysis to assist us in enhancing the learning from our site;
    5. as part of our efforts to keep our site safe and secure.
  3. 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).
Disclosure of your information
  1. We do not sell your personal information to third parties.
  2. We do not share your personal information to third parties.
  3. We have no plans to share or aggregate your data with any third parties, should this change you will be notified and will never be done without your prior consent.
  4. We reserve the right to use the information for our own purposes enhance the learning from our site including the preparation of statistical reports and data analysis;
  5. We may disclose your personal information to third parties:
    1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
    2. If Phonics Tracker Limited or substantially all of 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.
    3. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Phonics Tracker our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data
  1. The data that we collect from you is stored on servers in the United Kingdom. This includes data about the school or family (name and address), the teachers or parents (names, email addresses, scores) and the pupils or children (identifying information - if the teacher or parent has provided them - and scores).
  2. If you are concerned about sharing personal data we recommend you self anonymise your data in accordance with the GDPR definition of anonymisation.
  3. You and your staff are responsible for keeping your passwords confidential. We ask you not to share a password with anyone.
  4. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Your Rights
  1. You have the right to ask us not to process your personal data for marketing purposes.
  2. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to your Information
  1. You have the right to be informed; the right of access; the right to rectification; the right to erasure; the right to restrict processing; the right to data portability; the right to object; and the right not to be subject to automated decision-making including profiling.
  2. Your rights can be exercised in accordance with the Act.
  3. We will have a month to comply with your access request. We can refuse or charge for requests that are manifestly unfounded or excessive. If we refuse a request,we will tell you why and that you have the right to complain to the supervisory authority and to a judicial remedy.