Terms and Conditions of Use for the Challenge Online

1. The main points

Full details are provided in sections 2 to 12 below, but here are the main things that you need to know:

1.1 The personal data we collect When you register for, and use, the National Numeracy Challenge (“NN Challenge”), National Numeracy collects your name so that we can refer to you on your dashboard and certificates, and your email address, so we can confirm that you have registered successfully, and send you your results.

1.2 You will get emails from us to confirm that you have registered and to show you your results when you take the skills assessment. We will also email you to encourage you to use the site to improve your numeracy. We will not email you about other things.

1.3 Other personal data we may collect Depending on how you use the NN Challenge, you may also choose to provide us with your gender, age, region of the UK, numeracy skills results, attitudes quiz results, and correspondence between you and us. We may also look at other information from your interaction with the NN Challenge, including computer and connection information, statistics on page views, traffic to and from the NN Challenge, and web log information, so that we can improve the service offered by the NN Challenge.

1.4 We will retain this data for as long as you continue to use the NN Challenge. If you do not use the website for two years, we will email you to let you know that we will anonymise your data unless you ask us not to. Once we anonymise your data, your results will not be identifiable as yours, and you will be unable to use the NN Challenge any further.

1.5 Our lawful reason for collecting your personal data within the NN Challenge is so that we can fulfil the ‘contract’ of providing you with information about your numeracy skills and attitudes, and of sign-posting you to helpful online materials.

1.6 Our Data Protection Officer is Emily Kramers (Emily@nationalnumeracy.org.uk).

1.7 We will not share your personal data with anyone else. However, if you register by using a link provided to you by a partner organisation (e.g. your employer, or a union, or a college), then we may share your data with them at their request. This will be made clear to you as you register on the NN Challenge.

1.8 We will use your data anonymously along with all other users, as part of our research, and to improve the service provided by the NN Challenge.

1.9 The NN Challenge uses cookies so that you can stay logged in as you move around the website.

1.10 You may be directed to some other websites if you use the learning resources within the NN Challenge. These websites have their own terms and conditions.

1.11 If you notice a mistake in your data then you can contact us at support@nnchallenge.org.uk and we will do our best to rectify it.

1.12 If you would like your data to be erased then contact us at support@nnchallenge.org.uk and we will anonymise your data.

1.13 You can access your data via the dashboard within the NN Challenge. If you would like us to provide the data in another form then please contact support@nnchallenge.org.uk.

1.14 If you have any questions, please contact us at support@nnchallenge.org.uk, or ring us on 01273 900 298, or write to us at National Numeracy, Phoenix House, 32-33 North St., Lewes, East Sussex BN7 2QJ.

1.15 If you would like to complain about the way National Numeracy has handled your personal data, then please contact the Information Commissioner's Office at https://ico.org.uk/concerns/.

2. Terms and conditions for the National Numeracy Challenge

2.1 We have tried to make these terms and conditions as straightforward and easy to read as possible. If you have any comments or questions, please email us at support@nnchallenge.co.uk or telephone 01273 900 298. Please read these terms carefully before using the National Numeracy Challenge website (“NN Challenge”). These terms of use tell you the terms under which you may make use of the NN Challenge as a registered user. These terms take effect immediately on your first use of the NN Challenge and will apply each time you subsequently use the site from whatever device or location. By using the NN Challenge, you confirm that you accept these terms of use and that you agree to comply with them and, further, if you are under 18, that you have the consent of your parent or guardian to use the NN Challenge. If you (or your parent or guardian if you are under 18) do not agree to these terms of use, you must not use the NN Challenge.

2.2 Any licensed or third-party learning resource or service to which you are directed and with which you link as a result of accessing the NN Challenge will have its own specific terms and conditions which must be adhered to and which apply in addition to the terms of this agreement. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

2.3 If an ‘intermediary’ (for example your employer, educational institution, community centre or library) or any other enterprise is providing your access to the NN Challenge, they will not be acting in the capacity of an agent for NN and you must only use the NN Challenge for as long as that intermediary permits you.

2.4 You should be aware that NN is not an internet service provider and therefore it is your responsibility to appropriately manage your on-line internet access and to ensure that you have the software (and level of skill) required for email and web usage.

3. Provision of the National Numeracy Challenge

3.1 The Challenge (“NN Challenge”) is owned and operated by National Numeracy, a company limited by guarantee and registered in England under company No: 7886294 and Charity No: 1145669, whose registered office is at Phoenix House, 32-33 North St., Lewes, East Sussex BN7 2QJ.

3.2 The NN Challenge is intended for use by the general public, individuals recruited directly by NN, “partners” such as employers, educational institutions and outreach organisations, the teaching and learning staff or volunteers employed or contracted to these organisations, along with the employees, students, learners, volunteers or apprentices who are studying at these organisations.

4. Limited rights to use the National Numeracy Challenge

4.1 National Numeracy (NN) is the owner or the licensee of all intellectual property rights in the NN Challenge, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Notwithstanding you may retrieve and display the content on a computer screen, print off one copy of individual pages on paper and store such pages in electronic form (but not on any server or other storage device connected to an external network) for your own personal, educational and non-commercial purposes.

4.2 You may not (without prior written permission from NN) redistribute any of the content or supply it to other people (including by using it as part of any library, archive or similar service); remove the copyright or trade mark notice from any copies of content made under this agreement; create a database in electronic or structured manual form by systematically downloading and storing any of the content; except as expressly set out above, modify, reproduce or in any way commercially exploit any of the content of the NN Challenge.

4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The status of NN (and that of any identified contributors) as the authors of content on the NN Challenge must always be acknowledged. If you print off, copy or download any part of the NN Challenge in breach of these terms of use, your right to use the NN Challenge will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.4 Where you use the NN Challenge outside the limits described herein, NN will be entitled to claim damages if that use persists without lawful good cause outside of these terms and conditions.

4.5 NN reserves the right to introduce an agreement at any stage which may involve the payment of an on-going service charge. Any Intermediary or Partner wishing to use the Challenge will, of course, have an opportunity to agree or decline participation with any such new terms.

4.6 NN reserves the right to suspend or terminate your access and use of the NN Challenge at any time if it knows or reasonably suspects you have breached these terms. Furthermore, NN reserves the right to suspend or terminate your access and use of the NN Challenge at any time, with or without notice.

5. Privacy and data protection

5.1 National Numeracy (NN) is committed to protecting and respecting your privacy under GDPR guidelines. NN is required to inform you of the basis on which any personal data NN may gather from you, or you may provide to NN, will be processed by NN. Personal data means information which is capable of identifying a living person. The data controller is National Numeracy of Phoenix House, 32-33 North St., Lewes, East Sussex BN7 2QJ.

5.2 NN may collect and process the following data from you:
• Name and email address
• Region of the UK, age and gender
• Data from assessments taken in the NN Challenge
• Correspondence between you and us
• Other information from your interaction with the NN Challenge, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the NN Challenge, ad data, IP address and web log information

5.3 The lawful basis under which NN collects and stores this data is that ‘it is necessary for the performance of a contract to which the data subject is party’, i.e. so that you are able to use the NN Challenge for its intended purpose: to assess and re-assess your numeracy skills and attitudes. We will store this data for as long as you wish to use the NN Challenge. If you would like your data to be deleted at any time, you can contact us at support@nnchallenge.org.uk and we will anonymise your data.

5.4 All data (which include or constitute personal data) will be collected, processed, stored and used by us, and passed to and processed by our affiliated companies and other data processors acting under contract with us to provide and promote the NN Challenge, to provide customer support and for other purposes referred to in this condition 5. In particular, if you register on the Challenge through a link organised by your employer, college, employment agency, training provider or other organisation, NN may also make data available to that organisation, so that they can use it to support you in improving your numeracy. It is possible that some of the computer systems and companies that process your data on our behalf may be based in countries outside the European Union (“EU”). You agree by submitting data to us that any such data may be so transferred, made available, stored or processed. NN will take all steps reasonably necessary to ensure that personal data is treated securely and in accordance with the provisions of the Act.

5.5 NN takes appropriate technical and organisational measures to guard against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. While no computer system is completely secure, NN takes all reasonable endeavours to ensure security measures are in place to protect you. You should however be aware that it remains your responsibility to ensure no-one else uses the NN Challenge whilst your machine is "logged on" to the NN Challenge, to log off or exit from the NN Challenge when not using it, and to keep your access details secret. Particular care should be taken if you are accessing the NN Challenge from a computer that is publicly available for use, e.g. a computer in a library or similar.

5.6 NN will retain any personal data only as long as is necessary for the purposes to which you consent under these terms, or as is required by applicable law, and NN will then delete it. If you do not use the NN Challenge for two years, we will email you to let you know that we will anonymise your data. Any personal data may be disclosed if NN or an entity processing personal data on its behalf is compelled to do so by law, or receives a valid, legally compliant request by a law enforcement or governmental authority.

5.7 If you have any questions about the handling or protection of personal data, an enquiry should be emailed to support@nnchallenge.org.uk.

5.8 The NN Challenge contains links to external service and resources, and where possible, NN will make clear where such links are being made. NN takes great care to only partner with reliable legitimate service providers. Where independent third parties provide these services NN is not responsible and shall not be held liable for the availability or content of these outside resources. Any external learning resource websites you visit have their own privacy policies. We advise you to review the privacy policies of websites before providing them with any of your personal information.

5.9 By providing your email address, you agree to allow NN to send you emails about your progress on the NN Challenge. NN will not send marketing materials unless you agree to receive these. NN may send you important emails concerning your use of the NN Challenge. Save as set out in condition 5.4, NN will not share your email address with third parties or use this for marketing purposes other than information relating specifically to the NN Challenge. You can exercise your right to prevent such processing by contacting us at support@nnchallenge.org.uk.

6. Cookies

6.1 Cookies are small files which, depending on your browser settings, may be automatically stored on your computer or other device's hard drive when your Web browser accesses a specific Web page. Each file consists of a small piece of text and is linked to the website it relates to. Most websites you visit use cookies in order to improve your user experience by enabling that website to ‘remember’ you, either for the duration of your visit (using a ‘session cookie’) or for repeat visits (using a ‘persistent cookie’). Cookies do lots of different jobs, like letting you navigate between pages efficiently, storing your preferences, and generally improving your experience of a website - cookies make the interaction between you and the website faster and easier. If a website doesn’t use cookies, it will think you are a new visitor every time you move to a new page on the site – for example, when you enter your log-in details and move to another page it won’t recognise you and it won’t be able to keep you logged in. Cookies may be set by the website you are visiting (‘first party cookies’) or they may be set by other websites who run content on the page you are viewing (‘third party cookies’).

6.2 Some people find the idea of a website storing information on their computer or mobile device a bit intrusive, particularly when this information is stored and used by a third party without them knowing. Although this is generally quite harmless you may not, for example, want to see advertising that has been targeted to your interests. If you prefer, it is possible to block some or all cookies, or even to delete cookies that have already been set; but you need to be aware that you might lose some functions of that website.

6.3 The Challenge uses two ‘persistent cookies’, one cookie to register that you have visited the site and one to record information about your visit - such as the web browser that you are using and which pages you are visiting. We use this information to ensure the site works for our different users' browsers. These cookies are ‘optional’. See http://www.allaboutcookies.org/cookies/persistent-cookies-used-for.html for more detail about ‘persistent cookies’.

6.4 We also use ‘session cookies’ when you log in to our site. These cookies are used to keep you logged in as you move through the site. These cookies are ‘strictly necessary’. If you disable ‘session cookies’ for our site then you will not be able to log-in. These session cookies also allow Google Analytics to track the numbers of people visiting different pages in the site. See http://www.allaboutcookies.org/cookies/session-cookies-used-for.html for more detail about ‘session cookies’.

6.5 Any licensed or third-party learning resource or service to which you are directed and with which you link as a result of accessing the NN Challenge may use cookies which apply in addition to the terms of this agreement. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

6.6 You can find out how to manage cookies, and to make the changes to your browser at this site: http://www.aboutcookies.org/Default.aspx?page=1

7. Third party material

7.1 If any third-party sites are linked to from the NN Challenge; this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

7.2 You may see advertising material submitted by third parties on the NN Challenge. Individual advertisers are solely responsible for the content of advertising material which they submit, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

8. Participation and Interaction

8.1 The NN Challenge may include public areas that allow feedback to NN and interaction between users. The opinions, advice and statements contained in messages posted are those of the users and not NN. NN reserves the right to delete, move and edit any material submitted. You are solely responsible for the material you submit and by submitting any material you agree that you will not submit any material that: advertises or promotes any goods or services; reveals any confidential or sensitive information; contains or links to any unlawful, threatening, abusive, libellous, indecent or otherwise illegal material; contains any material which you do not have permission to use (including material which may be protected by copyright, trade-marks, database right or any other form of intellectual property right); contains viruses or any other components with harmful or contaminating properties which may affect the NN Challenge or any equipment connected to it; or disguises your identity or impersonates any person.

8.2 Where you are invited to submit any contribution to the NN Challenge (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant NN a perpetual, royalty-free, non-exclusive, sub-licensable right to use, reproduce, modify and distribute your contribution worldwide in any media. If you do not want to grant NN the rights set out above, please do not submit your contribution. Furthermore you waive your moral rights in relation to any such material.

8.3 The NN Challenge may contain material submitted by users over whom NN has no control. NN cannot guarantee the accuracy, integrity or quality of any such material.

8.4 Copyright in any software that is made available for download for the participation in the NN Challenge belongs to NN or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software.

9. Access, no reliance on information, and viruses

9.1 NN does not guarantee that the NN Challenge, or any content on it, will always be available or be uninterrupted. Access to the NN Challenge is permitted on a temporary basis. NN may suspend, withdraw, discontinue or change all or any part of the NN Challenge without notice. NN will not be liable to you if for any reason the NN Challenge is unavailable at any time or for any period.

9.2 You are responsible for making all arrangements necessary for you to have access to the NN Challenge. You are also responsible for ensuring that all persons who access the NN Challenge through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

9.3 The content on the NN Challenge is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the NN Challenge. Although NN makes reasonable efforts to update the information on the NN Challenge, it makes no representations, warranties or guarantees, whether express or implied, that the content on the NN Challenge is accurate, complete or up-to-date.

9.4 NN does not guarantee that the NN Challenge will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the NN Challenge. You should use your own virus protection software.

9.5 You must not misuse the NN Challenge by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the NN Challenge, the server on which the NN Challenge is stored or any server, computer or database connected to the NN Challenge. You must not attack the NN Challenge via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. NN will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the NN Challenge will cease immediately.

10. Limitation of liability

10.1 Nothing in these terms of use excludes or limits National Numeracy’s liability for death or personal injury arising from its negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

10.2 To the extent permitted by law, NN excludes all conditions, warranties, representations or other terms which may apply to NN Challenge or any content on it, whether express or implied.

10.3 NN will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under, or in connection with:10.3.1 use of, or inability to use, NN Challenge, or10.3.2 use of, or reliance on, any content displayed on NN Challenge.

10.4 If you are a business user, please note that in particular, NN will not be liable for:
10.4.1 loss of profits, sales, business, or revenue,
10.4.2 business interruption,
10.4.3 loss of anticipated savings,
10.4.4 loss of business opportunity, goodwill or reputation, or
10.4.5 any indirect or consequential loss or damage.

10.5 If you are a consumer user, please note that we only provide the NN Challenge for domestic and private use. You agree not to use the NN Challenge for any commercial or business purposes, and NN shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.6 NN will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

10.7 NN assumes no responsibility for the content of websites linked to the NN Challenge. Such links should not be interpreted as endorsement by NN of those linked websites. NN will not be liable for any loss or damage that may arise from your use of them.

11. Changes to the National Numeracy Challenge

11.1 National Numeracy is continually seeking to improve the NN Challenge. We reserve the right, at our absolute discretion, to make changes to any part of the NN Challenge at any time we may feel appropriate.

11.2 NN may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

12. General

12.1 You may not transfer any of your rights under these terms to any other person.

12.2 If you breach this Agreement and NN chooses not to take immediate action, it will still be entitled to use its rights and remedies at a later date or in any other situation where you breach this Agreement.

12.3 A person who is not party to this Agreement shall have no right to enforce any of its terms.

12.4 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so under English law within the United Kingdom.

12.5 Headings within these terms are for convenience only and will have no legal meaning or effect.

12.6 If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and NN both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. You and NN both agree to the exclusive jurisdiction of the courts of England and Wales.