This assessment is provided by Thomas International UK Limited ("we", “us” or “our”). We are registered in England and Wales as a limited company under company number 02518079 and have our registered office at First Floor, 18 Oxford Road, Marlow, Buckinghamshire, SL7 2NL.
We have been engaged by a company who is either your current employer or with whom you are going through a recruitment process or who may be your education provider or sports facility or club (in this document, referred to as the “Assessor”).
This document sets out the terms on which you may take this assessment. If you do not agree to these terms please do not proceed with the assessment and contact the Assessor to make alternative arrangements.
If you are not at least 16 years old please ask your parent or guardian to read this document and to accept these terms when you complete your registration.
We will provide you with a link to the assessments that the Assessor has instructed us to make available to you and allow you to access and use the assessments. Once you have completed the assessments our systems will determine the results and may provide a summary of the results to you or a copy of the report if specifically ordered by you [SB1] or the Assessor. We will notify the Assessor that the test has been completed and will provide a copy of the report to the Assessor if specifically ordered by them. The assessments are provided “as is” and “as available” this means that we do not guarantee that they meet your particular needs and that they might not always be accessible to you (for example, if we are carrying out maintenance to the website).
We ask that you complete the assessments with reasonable care and as accurately as possible. If you give inaccurate answers then this will affect the results and they will not be a true reflection. You must not allow anyone else to access your assessment or take the assessment on your behalf and must keep any passwords confidential. If you think that someone else may have accessed or used your assessment or learned your password then please contact the Assessor.
The intellectual property rights in the assessments, reports and our website are owned by us or our licensors. You may use them only for the purposes of taking the assessment for the Assessor. You may keep a copy of the report for your own personal use and reference.[SB2]
We permit the Assessor to use our assessments as a tool for considering new candidates and existing employees, students or sportspersons. They are not permitted to use the results to justify redundancy or use them as the sole basis for any decision. We are simply providing a service to the Assessor and therefore disclaim all liability to you (whether direct or indirect) to the fullest extent permitted by law. If we are found to be liable to you we limit our liability, to the extent possible, to a maximum of £10.00 in aggregate. Nothing in these terms is intended to limit or exclude liability which may not be properly limited or excluded under applicable law. The results of the assessments depend on the answers that you provide. In the unlikely event that you do not think that the results of any assessment are reflective or you are otherwise not satisfied please speak to the Assessor.
Nothing in these terms and conditions is intended to detract from your rights as a consumer, if any.
Privacy and Data Protection
We process the data that you provide when registering and completing assessments in accordance with the Assessor’s instructions. If you have any concerns or questions about this please speak to the Assessor.
The data that you provide when registering and when completing an assessment (including your name and other personal details and your responses to the assessments) will be kept safe and secure by Thomas.
Your data and results can be made accessible to our specially trained employees who will, if requested by the Assessor, analyse the results generated by your responses and may provide a report and feedback directly to you and also to the relevant Assessor.
Thomas also processes the data that we hold about you (whether provided by you when registering or taking an assessment or provided by the Assessor) for statistical and research purposes. This research is carried out with a view to improving our existing assessments and services, developing new product and service ranges and making our websites more accessible and easy to use.
The research may be carried out in house by Thomas staff in our separate “Thomas Research Division” or we may engage a third party to carry out the research for us. Strict security procedures are used to protect all data against unauthorised or unlawful processing, disclosure, loss, destruction and damage. The Thomas Research Division is a separate part of our business and has been specially set up to ensure that any personal data that we process for research purposes is protected and kept secure and not disclosed to other parts of the business. Only anonymous or aggregated results that we obtain from our research will be disclosed to other third parties and they will not identify you as an individual[KO3] .
The Assessor may use the results of the assessments as a tool to assist in candidate selection, retention, deployment and advancement. Our terms and conditions state that Assessors may use assessment results only as an aid by properly trained personnel and must not use results for redundancy selection or justification. However, please be aware that we do not have control over Assessors and their use of the results and we are not responsible or liable for their actions. Please therefore ensure that you understand the uses to which Assessor will put the results and that you accept those uses before taking an assessment.
For the purposes of the GDPR2016/679 the Assessor is the Data Controller and we are the Data Processor of the data that you provide. [SB4] [KO5]
The GDPR2016/679 gives you the right to access data held about you. You should make any such access request to[KO6] the Assessor as they are the Data Controller. If we receive any such request from you we will ask you whether you would like us to forward the request to the Assessor. Where we process your personal data for research purposes as described above we are the Data Controller but we are not required to respond to such requests because we only process the data for research purposes and not to make or support decisions about you as an individual and not in a way which will cause you damage or distress.
We shall not be liable for any failure or delay in performing our obligations caused by any act, event, omission or accident beyond our reasonable control, including, but not limited to, failure of a utility service or transport or telecommunications network, war, act of God, fire, flood, extreme adverse weather conditions or default of suppliers or sub-contractors.
We reserve the right to amend these terms from time to time. The latest version of these will be available online and can be accessed via the main website under “About Thomas”. https://www.thomasinternational.net/en-GB/
No failure or delay by a party to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in these terms, the rights and remedies provided in these terms are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision (or part provision) of these terms are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, that provision (or part provision) shall be deemed deleted and the other provisions (or part provision) shall continue in full force and effect.
These terms, and any documents referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover and neither party relies on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these terms, other than as expressly set out in these terms.
You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these terms.
Nothing in these terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
These terms do not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Any notice shall be in writing, in English, and shall be delivered by hand or sent by pre-paid post or recorded delivery post to the other party at its registered office address, or such other address as may have been notified by that party for such purposes, or sent by email.
These terms shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the courts of England.
Thomas International UK Ltd
Tel: +44 (0) 1628 475 366
Issue: 20th March 2018