Privacy Policy

This Privacy Policy governs the manner in which TMS Development International Limited (‘TMSDI’), a company incorporated in England (with a company number 02411429) of Studio 3.06 Regency House, Westminster Place, York, YO26 6RW, United Kingdom collects, holds, uses, maintains and discloses personal information collected from users of the www.tmsdi.com, www.tmsdiquestionnaires.com and www.tmsdionline.com websites ("Site/Sites") and from our clients, clients' customers and suppliers ("you"/"your").

In addition, in the future we will also be using a website provided by Bellcastle Pty Limited, an Australian company; www.tms.global (the ‘Platform’). Details about how we lawfully process PII submitted via this Platform is set out below in the section on international transfers.

Personal identification information ("PII")

(PII means any information which enables an individual to be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.)

We may collect personal identification information in a variety of ways, including, but not limited to, when you visit our Sites, register on the Sites, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Sites or when you contract with us to provide us with goods or services or we contract with you to provide you with services.

You may be asked for PII such as, your name, job title, email address, mailing address and phone number. We may also process your IP address, password and other PII which you provide to us further to completing one of our questionnaires or using our Sites.

You may, visit our Sites anonymously as our cookies do not record PII, as explained further below, but you cannot use our services without agreeing to the terms of this Privacy Policy.

When you are using the Platform different cookies apply. Please check the Platform privacy policy before using it.

We will only collect PII from you if you voluntarily submit such information to us. You can always refuse to supply PII, except that it may prevent you from engaging in certain Site related activities and/or the receipt or supply of TMSDI services.

Non-personal identification information

We may collect non-personal identification information about you whenever you interact with our Sites. Non-personal identification information may include the browser name, the type of computer and technical information about your means of connection to our Sites, such as the operating system and the Internet service providers utilised, and other similar information.

Why we collect PII and how we use PII

TMSDI collects and uses your PII for the following purposes:

To personalise your experience of our Sites. We may use non-personal information in the aggregate to understand how our users, as a group, use the services and resources provided on our Sites. For example through the use of Cookies (see below).
To improve our Sites. We continually strive to improve our website offerings based on the information and feedback we receive from you.
To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.
To provide the services you have requested. We may use your PII, which you provide about yourself when placing an order, to provide services to that order. (We do not share this PII with third parties except Bellcastle Pty Limited, except to the extent necessary to provide the service ordered.)
To process transactions. We may use your PII which you provide about yourself when placing an order to provide services to that order. (We do not share this PII with outside parties except to the extent necessary to provide the service ordered.)
To administer a content, promotion, survey or other Site feature.
To send you information you have agreed to receive about topics we think will be of interest to you.
To send periodic emails. The email address you provide for order processing, will only be used by TMSDI to send you information and updates pertaining to your order/Profile and to respond to your inquiries. If you decide to opt-in to our mailing list, you will receive emails that may include our company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or you may contact us via our Sites.

Data Controller and Data Processors

We will be the data controller of PII where we decide how to use that data and for what purpose. This means that when we process PII belonging to our suppliers and website visitors we do so in our capacity as a data controller.

Most of the PII which we process is processed as a data processor. This is because we receive orders for our services from clients who are the data controller of the PII which they authorise us to process in order to supply our services. If you are the recipient of our services your employer will be the data controller of the PII which we process. We have a written agreement with your employer to provide our services and we will only process your PII in accordance with that written agreement and this privacy policy.

Our Sites may use cookies to enhance your experience of our Site(s). Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Sites may not function properly.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit:

AllAboutCookies - https://www.allaboutcookies.org/
Wikipedia - http://en.wikipedia.org/wiki/HTTP_cookie
Information Commissioner’s Office - https://ico.org.uk/

List of cookies our sites may use:

Name	Cookies	Purpose	More Info
Google Analytics	_utma _utmb _utmc _utmz	These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.	http://www.google.com/analytics/learn/privacy.html
Cookie Consent	cc_analytics cc_necessary cc_social	We use these cookies to remember whether or not you would like us to set Advertising, Social and Analytics cookies.	http://silktide.com/privacy-policy
Social Intents	__utmz __utmc __utma _ga JSESSIONID _fbp _ga	Live chat function to enable visitors to connect with our customer support team.	https://www.socialintents.com/privacy.html
mulberry	mulberry	Stores a unique reference so tmsdionline.com can remember you from one page to another.	This is required to enable you to login to the system
mulberry-Language	m-language	Stores your choice of language or the default language.	This is required to enable you to change the website language.
SpryMedia	_DataTables_	Stores your preferences for sorting and filtering of table based data	This is required to enable you to change the website language.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your PII stored on our Sites and on those Sites which are controlled by us. In particular we implement, or require our suppliers to implement, appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:

(a) the pseudonymisation and encryption of personal data;

(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

(c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;

(d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing

taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and us, the processor. In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed

Sensitive (special category) and private data exchange between you and our Sites happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Our staff receive training to understand their obligations in relation to data protection legilsation and keeping PII confidential and they are subject to contractual obligations of confidence.

While we use appropriate technical and operational measures to keep your PII secure, the transmission of information via the internet is not within our control and is not completely secure. Although we will do our best to protect your PII, we cannot guarantee the security of your PII sent to us by email. Any such transmission is at your own risk. Once we have received your PII, we will use strict procedures and security features to try to prevent unauthorised access.

Sharing your personal information

We do not sell, trade, or rent your PII to others. By using our services you give your general authority for us to transfer your PII to another party who may be required to help us in the provision of our services ("sub-processors") examples of which are set out below.

We may use third party service providers, such as Castlegate IT and Squeegee, to help us operate our business and the Sites or administer activities on our behalf.

We may share your PII with third parties for limited purposes. We will ensure that any third parties with whom we share your PII are also compliant with the relevant data protection regulations and we will provide you with details of our sub-processors on request. If you have any concern about any of our sub-processors' ability to comply with data protection legislation please advise us immediately and we will take the appropriate steps.

International transfers of your personal information

TMSDI uses the software platform (TMS Global) provided and maintained by its licensor, an Australian company, Bellcastle Pty Limited trading as Team Management Systems ("TMS"). We have a “data processing and transfer” agreement in place with TMS which complies with the data processing laws for transferring personal data outside of the UK under the laws of the UK and further to the EU GDPR in order to protect your PII.

You can access a copy of the TMS Global privacy policy by following this link: https://www.teammanagementsystems.com/policies-and-terms/

TMSDI have a sister company in New Zealand, Team Management Services Limited, with whom we may share your PII when processing TLS360 Profiles. We ensure that the appropriate legal safeguards are in place in accordance with the GDPR. Team Management Services Ltd are aware of and are compliant with the EU Data Protection regulations including the General Data Protection Regulation (EU) 2016/679 ("GDPR").

If you wish to have a digital badge TMSDI can arrange for this to be provided subject to your prior written consent. This consent is required as we will have to send a copy of your personal data (name, email, type of accreditation & date of accreditation) to Credly (a company in the USA who provide digital badges) and to Bellcastle Pty Ltd in Australia. If a digital badge is requested we will provide you with further information to explain the possible risks of such transfers, if any.

Disclosures of PII without notice

TMSDI will disclose your contact information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:

conform to the edicts of the law or comply with legal process served on TMSDI or its Sites
protect and defend the rights or property of TMSDI and its Sites
act in urgent circumstances to protect the personal safety of TMSDI staff, clients, our websites, or the public.

How long we hold your information for

We will hold your PII in accordance with any written agreement we have with you or your accredited facilitator and/or your organisation, otherwise for up to 5 years from when we last hear from you, or as otherwise specified by you in writing and then it will be deleted, unless otherwise required by law.

Withdrawal of consent

You can withdraw your consent to us holding or using your PII in relation to some or all of the uses listed above (How we use collected information) by emailing unsubscribe@tmsdi.com or writing to The Privacy Team, TMS Development International Ltd, Studio 3.06 Regency House, Westminster Place, York, YO26 6RW, United Kingdom at any time. Obviously if we are supplying you with services we need and have the right to retain your PII for that purpose. Where we are required by law to retain your PII we will continue to do so for as long as legally obliged to and no longer.

Access to information and an individual's rights under the GDPR

The GDPR gives you, an individual, a number of rights in relation to the PII we hold about you. These are the right to: be informed; access; rectification; erasure; restrict processing; data portability; object to processing and rights in relation to automated decision making and profiling. (We do not carry out automated decision making and profiling.)

Right to access and/or rectification: if you would like a copy of some or all of your PII or you would like us to amend it, please:

email or write to us (see ‘How can you contact us?’ below); and
let us know what information you want or the details to be changed.

Lawful basis for processing PII

We will only process your PII where we have a legal basis for doing so. There are a number of lawful reasons for processing personal data and those which are relevant to the processing which we carry out are:

Contractual - the processing is necessary to fulfil a contract we have with you, or because you have asked you to take specific steps before entering into a contract
Legal Obligation - the processing is necessary for us to comply with the law
Legitimate Interest - the processing is necessary for our legitimate interest and this does not override an individual' s personal data rights and freedoms
Consent - you have given clear consent for that processing of your personal data

Most of the processing we carry out in relation to your PII is done in order to fulfil our contractual obligations with you but we also have legal obligations to keep and use certain PII and/or
process your PII further to a legitimate interest and/or where we have received your express, informed consent.

If we are relying on the legitimate business interest basis for lawful processing be assured that we only do this where we have considered carefully the risks to your rights and freedoms (as we are required to do by the GDPR) and we will not process PII on this basis if we have any doubt that your rights might be adversely affected. We also revisit this assessment regularly and update our procedures according to our findings.

Changes to this privacy policy

TMSDI has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using any of our Sites or services, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Sites or services. We may update this policy from time to time and your continued use of the Site(s) and/or services following the posting of changes to this policy will be deemed your acceptance of those changes.

This Site contains links to other sites. TMSDI is not responsible for the content, or privacy policies of those other sites.

Contacting us

If you have any questions about this Privacy Policy or your use of our Site or services, please contact us at:

BY POST:
The Privacy Team
TMS Development International Ltd
Studio 3.06 Regency House
Westminster Place
York
YO26 6RW
United Kingdom

or

BY TELEPHONE: +44 (0)1904 641640

BY EMAIL: privacy@tmsdi.com

We would hope that any query will be effectively resolved by us further to your notification however you always have the right to lodge a complaint with the Information Commissioner's Office: Information Commissioner's Office: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF – Tel: 0303 123 1113 (local rate) or 01625 545 745

This document was last updated on 10 November 2023.