These terms and conditions (“Terms”) apply to all organisations that agree to run an event as part of The Data Lab Community’s Events Programme (“Event”).
- All applications to run an Event (“Applications”) are subject to review by The Data Lab. The Data Lab reserves the right, in its sole and absolute discretion, to approve or reject such Applications.
- A member of staff from The Data Lab will contact the organisation applying to run an Event (“You”) to confirm whether Your Application has been successful. The Data Lab is not obliged to disclose the reasons for its decision. If the Application is approved, the following clauses shall apply.
- The Event shall be run and organised in accordance with Your Application and at Your sole cost and expense and You shall be liable for all costs and liabilities incurred in connection with the Event.
- You shall ensure the Event complies with all applicable rules and regulations in place at the time of the Event.
- Where requested, you shall enable a representative from The Data Lab to attend the Event.
- You shall not deliver or market the Event in any way which may damage the reputation of The Data Lab due to its association with the Event.
- You must use any branding material provided to You by The Data Lab (“Material”) for the Event. The Data Lab will provide You with the Material and any applicable guidance on how to use the Material which must be followed. You may use Your own branding in conjunction with the Material. The Data Lab retain all rights to the Material and You shall have no rights to use the Material for any purposes other than promoting the Event.
- You shall actively promote and market the Event to prospective attendees.
- The Data Lab shall promote and market the Event to The Data Lab’s network, using the event title, logo and event summary provided as part of Your Application.
- The Data Lab shall enable members of its Community Platform to register for the Event via its Community Platform. You may also enable attendees to register via Your own registration system.
- The Data Lab and You agree to comply with the data protection provisions set out in the appendix to these Terms.
- You agree that You shall not cancel the Event without the agreement of The Data Lab excluding where cancellation is required for reasons outwith Your control.
- If You cancel the Event, You shall notify The Data Lab of such cancellation immediately.
- Nothing in these Terms shall limit or exclude a party’s liability:
- for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
- for fraud or fraudulent misrepresentation.
- Subject to Clause 14, The Data Lab shall have no liability to You for any costs, loss or liability incurred in connection with the Event.
- If you breach any of these Terms, The Data Lab may terminate its involvement in the Event with immediate effect by providing written notice to You and shall have no further involvement or liability in respect of the Event and You shall immediately cease use of the Materials and shall not advertise the Event as being in connection with The Data Lab.
- These Terms constitute the entire agreement between the parties in relation to the Event and supersede all prior negotiations, warranties, representations, statements or agreements, either written or oral.
- These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Scotland. Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
Appendix – Data Protection
Definitions
Controller, Joint Controllers, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.
Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.
Shared Data: means the names, and where required, email addresses, of individuals who register for the Event via The Data Lab’s Community Platform.
UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
- DATA PROTECTION
- The Data Lab shall enable attendees to register for the Event on The Data Lab’s Community Platform.
- The Data Lab shall provide You with the Shared Data.
- The Data Lab and You shall act as Joint Controllers in respect of the Shared Data only. You shall be an independent Controller in respect of all other Personal Data you process in relation to the Event.
- The Data Lab and You shall comply with Data Protection Legislation in relation to all processing of Personal Data in connection with the Event.
- Each party shall ensure that it processes the Shared Data fairly and lawfully and that it has legitimate grounds under the Data Protection Legislation for the processing of the Shared Data.
- You shall only process the Shared Data for the purposes of enabling the Data Subjects access to the Event (the “Purpose”).
- The Data Lab shall make available privacy information to the Data Subjects in accordance with Article 13 of the UK GDPR upon collection of the Shared Data and You shall make available Your privacy information to the Data Subjects in accordance with Article 14 of the UK GDPR upon receipt of the Shared Data.
- You shall not retain or process Shared Data for longer than is necessary to carry out the Purpose excluding where required to do so by applicable law.
- Each party shall comply with its obligation to report a Personal Data Breach to the Information Commissioner or appropriate Supervisory Authority and (where applicable) Data Subjects under the Data Protection Legislation and shall each inform the other party of any Personal Data Breach irrespective of whether there is a requirement to notify the Information Commissioner or any Supervisory Authority or Data Subject(s).
- The parties agree to provide reasonable assistance as is necessary to each other to facilitate the handling of any Personal Data Breach in an expeditious and compliant manner.
- The parties each agree to provide such assistance as is reasonably required to enable the other party to comply with Subject Rights Request within the time limits imposed by the Data Protection Legislation.
If at any point prior to the Event, the Data Protection Legislation change in a way that these Terms are no longer adequate for the purpose of governing lawful data sharing exercises, the parties agree to negotiate in good faith to review the Terms in the light of the changes.