FirstMind LTD (“we”, “our”, and “us”) is committed to ensuring that your privacy is protected. Set out below is how we use the information we collect and receive and how you can tell us if you would prefer us not to use the information, or to limit its use.
We are FirstMind LTD, a limited liability company registered in England and Wales with company registration number 1245330. Our registered office address is 21 Buckingham Gate, SW1E 6LB.
We provide a web-based and/or app-based platform that allows to assess candidates, customers and other people (“FirstMind Platform”). The FirstMind Platform enable leaders to make informed people decisions by providing insights. Customers are provided with a questionnaire on the FirstMind Platform and, on completion, FirstMind generates a Talent Discovery report. The FirstMind Platform can be accessed via your personal subdomain, www.firstmind.com.
As a FirstMind LTD customer, you are the data controller of any personal data you collect using the FirstMind Platform. FirstMind LTD and the customer collecting the data has access to destroy any data collected and is subject to applicable data protection laws.
Data Protection Officer
21 Buckingham Gate
By email: email@example.com
Payment for subscriptions is required to be through Credit Card. Before being able to send out assessments through the FirstMind platform, you must enter your card details in the FirstMind Platform. You can find this under Settings -> Billing -> Add a Card. FirstMind LTD will automatically deduct the monthly total, including VAT, every month from your account until the contract has been terminated.
FirstMind reserves the right to suspend all services immediately if the payment terms are not adhered to.
Additional services are payed separately through invoices. Additional services such as consulting services and course registration have a 3-business-day cancellation policy from the date where the order is placed. Cancellations will be accepted up until 14 days before scheduled sessions or courses.
The subscription has a start date and end date. The subscription will automatically renew on end date if the contracted has not been terminated. After renewal, the contract will continue on the agreed subscription plan.
A request to terminate the contract can be submitted at any time. The contract is terminated when the subscription reaches its end date.
Requests to terminate the contract must be submitted via email to firstname.lastname@example.org within at least three months prior to the end of your current subscription.
If we terminate this Agreement without cause, we’ll give Customer a prorated refund for any prepaid Fees for the unused remainder of your Subscription Term. You won’t be entitled to a refund from us under any other circumstances. For purposes of this Agreement, “cause” shall mean failure to make any payment when due, your breach of any other term or condition of this Agreement, or a violation of applicable law.
You have access to support with your unlimited subscription. For support, please direct all your inquiries to email: email@example.com.
FirstMind is an assessment service that allows you to assess people, create job profiles, receive assessment reports and compare people to job profiles. FirstMind is offered through your own unique subdomain and URL https://firstmind.com (“Website”) and may include associated professional services performed by us such as training, integration, and job analysis. We will collectively refer all of these services as the “Service”. The Service is owned and operated by FirstMind, a United Kingdom limited liability company (“we,” or “us”). We have employees, contractors, agents, licensors, and representatives (“Our Team”). You (“you”) are either a customer purchasing the Service (“Customer”) or a Customer’s employee, contractor, agent, licensor, representative or other end user who is authorized by the Customer to use the Service (“User”).
These Terms of Service are a contract between you and FirstMind Ltd, a United Kingdom company. FirstMind operates www.firstmind.com and all FirstMind subdomains. By accessing these services, you are agreeing to be bound by the Terms and Conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the FirstMind services. The materials contained on the FirstMind web site and services are protected by applicable copyright and trademark law, and can only be used with the permission of FirstMind.
We may change any of the terms of this Agreement by providing the Customer with notice to the last email address you provided to us. Unless the Customer terminates the Service within ten (10) days after such notice, the revised Agreement will be effective immediately and apply to any continued or new use of the Service. We may change the Service or any feature of the Service at any time.
FirstMind LTD hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the FirstMind Services. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the FirstMind Services. All rights not expressly granted to you are reserved by FirstMind and its licensors. You shall not (i) at any time or for any reason modify or make derivative works based upon the FirstMind Services without the authorization of FirstMind; (ii) reverse engineer or access the FirstMind Services in order to copy any features, functions, algorithms or graphics of the FirstMind Sites. You further acknowledge and agree that, as between the parties, FirstMind LTD owns all right, title, and interest in and to the FirstMind Services, including all intellectual property rights therein. When this agreement terminates all rights to use the FirstMind data and services also terminate and data should be removed from the clients system.
In no event shall FirstMind LTD or its suppliers be liable for any damages (including, without limitation, damages for loss of profit, or due to business interruption,) arising out of the use or inability to use the materials on FirstMind LTD’s Internet site, even if FirstMind LTD or a FirstMind LTD authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
“Confidential Information” means information disclosed by a party to the other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Without limiting the foregoing, our Confidential Information includes the Services and all Order Forms (including pricing) and your Confidential Information does not include any information that:
• Is or becomes generally known to the public without breach of any obligation owed to the disclosing party
• Was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party
• Is received from a third party without breach of any obligation owed to the disclosing party
• Was independently developed by the receiving party.
Both parties agree to:
• Protect the other party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information of like kind, but no less than a reasonable standard of care
• Not use any Confidential Information of the other party for any purpose outside the scope of this Agreement
• Except as otherwise authorized by the disclosing party in writing, disclose Confidential Information of the disclosing party only to those of its employees, contractors, and agents who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the receiving party containing protections no less stringent than those herein.
Each party is responsible for any actions of its employees and agents in violation of this Section. Each party may disclose the other party’s Confidential Information when required by law but only after it, if legally permissible: (a) uses commercially reasonable efforts to notify the other party; and (b) gives the other party the chance to challenge the disclosure.
FirstMind hereby represents and warrants that (a) it owns all right, title, and interest in and to the FirstMind Services and the FirstMind Platform, including all intellectual property rights therein; (b) it has the right to grant the use license to the Customer provided herein; and (c) the FirstMind Services and the FirstMind Platform and the grant of the use license do not infringe on the intellectual property rights of any third party or violate any copyright, patent, trademark, or trade secrets law.
Any claim relating to FirstMind LTD’s web sites shall be governed by English laws without regard to any conflict of law provisions.
Should for any reason an invoice/payment becomes overdue, FirstMind reserves the right to instigate legal proceedings or instruct recovery agents to recover overdue debt and claim back extra costs incurred by this action from the customer. If such action is taken, FirstMind will invoice for the remaining contracted period to include in their claim. If the Customer fails to pay any of the fees and charges due here under (which are not in dispute) and fails to cure such delinquency within thirty (30) days following notice of nonpayment, FirstMind shall have the right, in its sole and absolute discretion, to immediately suspend all or a part of the Services. The Customer shall remain liable for all unpaid fees and charges incurred during any period of suspension, notwithstanding that all or a part of the Services may not have been provided by FirstMind.
You may subscribe to Services and quantities in addition to those listed in this Order. Such additional Services and quantities will be invoiced separately and shall remain licensed to you for the remaining duration of the then-current term, unless you remove the additions before the end of the billing period in which they were purchased.
Both parties reserves the right to terminate this Agreement immediately if the Customer other party ceases to carry on business, is wound up or is dissolved.
Client grants FirstMind permission to use its name in FirstMind marketing materials and to publish its name, trademark and/or logo on the FirstMind website, solely for the purpose of identifying Client as a FirstMind client. Client retains the ability to request removal of the logo at anytime with due cause.
Find our updated data processing agreement here: https://firstmind.com/data-processing-agreement/
If you have any questions or concerns about our Services or these Terms, you may contact us at:
FirstMind LTD, 21 Buckingham Gate, SW1E 6LB, London, United Kingdom
E-mail : firstname.lastname@example.org