Fresh Thinking Labs is the international open source movement for workplace innovation. Your pathway to the best workplace practices and latest thinking from across Europe and beyond. If you are already an FTL user please contact us for access to your Learning Platform.
The Agreement
The term “Fresh Thinking Labs” or “us” or “we” refers to the owner of the website whose registered office is PKF Francis Clark, Centenary House, Peninsula Park, Rydon Lane, Exeter EX2 7XE. The term “Member” or “you” refers to the user or viewer of our website. When you use our site you are entering into a legal agreement and you agree to all of these terms.
You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.
You agree that by registering on, accessing or otherwise using our site you are entering into a legally binding agreement.
This “Agreement” includes these Terms and Conditions and the Privacy Policy as may be amended by us from time to time. If you do not agree to this Agreement, do NOT register on, access or otherwise use our site.
Registered users of our site are “Members” and unregistered users of the public areas of the site are “non-members”. This Agreement applies to both.
“The law” refers to the law of England and Wales, excluding its conflict of laws rules.
We will notify you of any changes to the Terms and Conditions and Privacy Policy when you log in to Fresh Thinking Labs Online and will require that you re-confirm your agreement before proceeding with usage of the site.
General Terms
This section contains important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the site) is the only agreement between us regarding the site and supersedes all prior agreements for the site.
If we don’t act to enforce a breach of this Agreement, that does not mean that Fresh Thinking Labs has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your Membership or use of the site to anyone without our written consent. However, you agree that Fresh Thinking Labs may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the site.
You agree that the only way to deliver legal notices to us is at the addresses provided at the bottom of this document.
Conditions of Membership
Fresh Thinking Labsis a networking service for professionals interested in workplace innovation. It is not intended as a commercial site. Any Member using the site to market or advertise their own products or services, or for any other commercial purposes will have their Membership terminated immediately, without refund, and with the right of appeal.
We may change, suspend or end any feature, or change and modify prices at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We reserve the right to limit how you connect and interact on our site including the number of your connections and your ability to contact other Members. We reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of law or this Agreement, or are misusing the site in violation of its terms.
Fresh Thinking Labs reserves all of its intellectual property rights in the site. Other trademarks and logos used in connection with the site may be the trademarks of their respective owners.
In addition, by joining Fresh Thinking Labs you agree to adhere to the following code of conduct:
You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
Provide accurate information to us and keep it updated.
Choose a strong and secure password.
Keep your password secure and confidential.
Use your real name on your profile.
Use the site in a professional manner.
Be responsible for anything that happens through your account unless you close it or report misuse.
You agree that you will not:
Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content.
Add content that is not intended for, or inaccurate for, a designated field e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Fresh Thinking Labs Online).
Use an image that is not your likeness or a head-shot photo for your profile.
Create a false identity on Fresh Thinking Labs Online.
Misrepresent your current or previous positions and qualifications.
Misrepresent your affiliations with a person or entity, past or present.
Misrepresent your identity, including but not limited to the use of a pseudonym.
Share an account with anyone else.
Transfer any part of your account (for example, but not limited to connections, groups or content).
Create a Member profile for anyone other than yourself (a real person).
Use or attempt to use another’s account.
Harass, abuse or harm another person.
Send spam or other unwelcomed communications to others.
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work).
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner.
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer)).
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights.
Violate the intellectual property or other rights of Fresh Thinking Labs, including, without limitation, using the word “Fresh Thinking Labs” or our logos in any business name, email, or URL except as provided in our Brand Guidelines.
Post any unsolicited or unauthorised advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorised by Fresh Thinking Labs.
Send messages to distribution lists, newsgroup aliases, or group aliases.
Post anything that contains software viruses, worms, or any other harmful code.
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the site.
Create profiles or provide content that promotes escort services or prostitution.
Creating or operating a pyramid scheme, fraud or other similar practice.
Copy or use the information, content or data of others available on the site (except as expressly authorised).
Copy or use the information, content or data on Fresh Thinking Labs in connection with a competing service (as determined by Fresh Thinking Labs).
Copy, modify or create derivative works of Fresh Thinking Labs, Fresh Thinking Labs Online site or any related technology (except as expressly authorised by Fresh Thinking Labs).
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the site or any related technology, or any part thereof.
Imply or state that you are affiliated with or endorsed by Fresh Thinking Labs without our express consent (e.g., representing yourself as an accredited Fresh Thinking Labs Facilitator).
Rent, lease, loan, trade, sell/re-sell access to the site or related any information or data.
Sell, sponsor, or otherwise monetise a Fresh Thinking Labs’ Community or lab or any other feature of the site, without Fresh Thinking Labs’ consent.
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service.
Share or disclose information of others without their express consent.
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the site or any related data or information.
Use bots or other automated methods to access the site, add or download contacts, send or redirect messages.
Monitor the sites’ availability, performance or functionality for any competitive purpose.
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the site.
Access the site except through the interfaces expressly provided by Fresh Thinking Labs Online, such as its mobile application.
Override any security feature of the site.
Interfere with the operation of, or place an unreasonable load on, the site (e.g., spam, denial of service attack, viruses, gaming algorithms).
Content
Our site allows messaging and sharing of information in many ways including your profile, links to news articles, messages, chats and blogs. Information and content that you share or post may be seen, copied and used by other Members.
We respect the intellectual property rights of others. We require that information posted by Members does not the intellectual property rights or other rights of third parties. If you wish to make a complaint about the misuse of your intellectual property, please email us at contact@workplaceinnovation.eu.
You promise to only provide information and content that you have the right to share, and to only provide content or information if that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract).
You also agree that your Fresh Thinking Labs Online profile information will be truthful.
You own all of the content, feedback, and personal information you submit or post to the site, but you also grant us a non-exclusive licence to it. By submitting suggestions or other feedback regarding our site you agree that Fresh Thinking Labs can use and share (but does not have to) such feedback for any purpose without compensation to you. This is a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide on our site, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings. Where we have made settings available, we will honour the choices you make about who can see content or information (for example: your choices about whether you share with an Open or Closed Community; or with your connections rather than all Members; or limiting your profile visibility; or whether you choose to let people know when you change your profile, make recommendations or follow Communities).
Fresh Thinking Labs is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
We are not obliged to publish any information or content on our service and can remove it at our sole discretion, with or without notice. We may change or discontinue any of the features of our site. We can’t promise to store or keep showing any information and content that you’ve posted.
When you see or use others’ content and information posted on our site, it is at your own risk.
By using the site, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for third parties’ (including other Members’) content or information or for any damages as result of your use of or reliance on it.
The site is self-regulating. All Members can ‘Flag’ news items, messages, posts or resources as “SPAM”, “Illegal” or “Obscene” and they will be removed if necessary. Persistent inappropriate content will result in the Member and possible the Company Membership being revoked without refund.
You are responsible for deciding if you want to access or use third party apps or sites that link from our site. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps: use these at your own risk.
Company Pricing Plan conditions
Company Pricing Plan information gives an overview of the benefits that we intend to deliver to Members. This offer is representative and may be subject to change as Fresh Thinking Labs evolves.
Places at all In Person events, including Open Events and Labs are necessarily limited and subject to availability. We will endeavour to allocate places at In Person events as fairly as possible but cannot guarantee places to all eligible Members if demand exceeds supply. We aim to enable as diverse a range of companies and practitioners as possible to participate in each event in order to maximise learning opportunities for participating Members.
If a Member needs to cancel their place at an Open Event, they should do so with 10 working days’ notice in order to allow us time to allocate their place to another Member and to avoid being penalised in the allocation of free places at future Open Events. If a Member registers then fails to attend an Open Event on two separate occasions without notifying us within the above notice period, we reserve the right to refuse them a place at future Open Events for which demand is higher than supply.
Payment and renewal
All payments are made via a third party. No payment details are held on this site or by us.
Payment for company registration is made through PayPal. Payment for Events, Webinars and Labs booked through the site may also be made through PayPal or by other means at our discretion.
Advertised Membership rates are not inclusive of foreign exchange fees and other transaction costs, for which you are fully liable.
We reserve the right to cancel Company Membership in the case of non-payment of an Invoice beyond 30 days.
Members may request an upgrade to their Company Pricing Plan by contacting contact@workplaceinnovation.eu. Downgrades are permissible but are not refundable.
Unless otherwise stated, payment for In Person events and associated costs to which the Member or Company Administrator has agreed, is due within 30 days of the date of our invoice.
Termination and refunds
You or we may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the site. The following shall survive termination:
Please contact contact@workplaceinnovation.eu for assistance in terminating your Membership.
We do not give refunds except in exceptional circumstances.
Disclaimer and Limit of Liability
This is our disclaimer of legal liability for the quality, safety, or reliability of our site and other benefits offered to you as part of your Fresh Thinking Labs Membership.
To the extent allowed under law, Fresh Thinking Labs, and those that Fresh Thinking Labs works with to provide the site, (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (b) do not guarantee that the site will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.
Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
Exclusion of Liability
These are the limits of legal liability we may have in relation to you.
To the extent permitted under law (and unless Fresh Thinking Labs has entered into a separate written agreement that supersedes this agreement), Fresh Thinking Labs (and those that Fresh Thinking Labs works with to provide the site) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the site (e.g. offensive or defamatory statements, down time or loss, use or changes to your information or content).
In no event shall the liability of Fresh Thinking Labs (and those that Fresh Thinking Labs works with to provide the site) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for a premium service, if any, or (b) GB £1000.
No action arising out of or relating to this agreement or the transactions it contemplates may be commenced against us more than 12 months after the basis for such claim could reasonably have been discovered.
This limitation of liability is part of the basis of the agreement between you and Fresh Thinking Labs and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Fresh Thinking Labs has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in UK courts, applying English and Welsh law.
You agree that the laws of England and Wales, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the site. We both agree that all of these claims can only be litigated in the courts of England and Wales and we each agree to personal jurisdiction in those courts.
Contact Us
Email: contact@workplaceinnovation.eu
By post: Workplace Innovation Europe, Clockwise, Broadwalk House, Southernhay West, Exeter, EX1 1TS .
Workplace Innovation Europe CLG has identified The Data Protection Commission of Ireland as the Lead Supervisory Authority (LSA) under the EU General Data Protection Regulation One Stop Shop for Cross Border Processing.
Workplace Innovation Limited is registered with the UK Information Commissioners Office (Registration Number Z3396194) and will act as a Concerned Supervisory Authority (CSA) particularly for processing UK data.
1. INTRODUCTION
This privacy notice provides you with details of how we collect and process your personal data through your use of our site workplaceinnovation.eu including freshthinkinglabs.com and The Workplace Diagnostic®.
By providing us with your data, you warrant to us that you are over 18 years of age.
Workplace Innovation Europe CLG is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Our full details are:
Full name of legal entity: Workplace Innovation Europe CLG
Email address: contact@workplaceinnovation.eu
Postal address: Workplace Innovation Europe, CIT Campus, Bishoptown, Cork, T12Y275 It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at contact@workplaceinnovation.eu
2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymised data. We may process the following categories of personal data about you: Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims. Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract. User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business. Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy. Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy. We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
Sensitive Data
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences. Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time. We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at contact@workplaceinnovation.eu . In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing. We may process your personal data without your knowledge or consent where this is required or permitted by law.
3. HOW WE COLLECT YOUR PERSONAL DATA
We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this. We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
4. MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business). Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time. Before we share your personal data with any third party for their own marketing purposes we will get your express consent. You can ask us to stop sending you marketing messages at any time by emailing us at contact@workplaceinnovation.eu at any time. If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below: Service providers who provide IT and system administration services. Professional advisers including lawyers, bankers, auditors and insurers Government bodies that require us to report processing activities. Third parties to whom we sell, transfer, or merge parts of our business or our assets. We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria. Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place: We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place. If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
7. DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential. We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements. For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers. In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent. You can see more about these rights at: https://www.dataprotection.ie/en/individuals/raising-concern-commission If you wish to exercise any of the rights set out above, please email us at contact@workplaceinnovation.eu
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 or 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. If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Irish Data Protection Commission, the the EU lead supervisory authority for data protection issues for Workplace Innovation Europe (https://www.dataprotection.ie/en/). Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
10. THIRD-PARTY LINKS
This 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.
You can change your cookie preferences any time by clicking the above button. This will let you revisit the cookie consent banner and change your preferences or withdraw your consent right away.
In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. Listed below are the links to the support documents on how to manage and delete cookies from the major web browsers.
Chrome: https://support.google.com/accounts/answer/32050
Safari: https://support.apple.com/en-in/guide/safari/sfri11471/mac
Internet Explorer: https://support.microsoft.com/en-us/topic/how-to-delete-cookie-files-in-internet-explorer-bca9446f-d873-78de-77ba-d42645fa52fc
If you are using any other web browser, please visit your browser’s official support documents.