• Background

These Terms and Conditions (“Terms”) apply to the Money StoryTypes® Quiz Tool Subscription. When you purchase a Subscription, you will be deemed to accept these Terms unless we expressly agree in writing otherwise. For the purposes of these Terms, if you are a corporate entity then “you” shall include your officers, agents and employees and you agree to procure their compliance with these Terms.

1. Interpretation

The following definitions and rules of interpretation apply within these Terms.

Client/you	mean the person or entity purchasing the Subscription and paying the Fee.
Company/We/Us	Money StoryTypes Limited of Heath View, 8 Mont Es Croix, La Verte Rue, St Brelade, JERSEY JE3 8EL.
Data Protection Legislation	shall include all applicable data protection laws including, but not limited to, the EU GDPR, UK GDPR, the Data Protection Act 2018, the Data Protection (Jersey) Law 2018 and the Data Protection Authority (Jersey) Law 2018 and any applicable implementing laws, regulations and secondary legislation relating to the processing of personal data as well as the Privacy and Electronic Communications Regulations 2003, as amended.
Fee	the purchase price of the Subscription which is payable by the Client to the Company.
Intellectual Property Rights	means all worldwide Intellectual Property Rights whether registered or unregistered, registrable or non-registerable, including any application for such rights existing now or in the future and shall include copyright and related rights, patents, rights in design, database and computer software rights, rights to inventions, copyright and related rights, trademarks and service marks, trade names, domain names, goodwill and passing off rights, confidential information (including know-how and trade secrets), moral rights and any other intellectual property rights.
Portal	means the Money StoryTypes® CRM Platform which is accessed by the Client as part of a valid Subscription and provides access, storage and management of client lead information generated by the Product.
Product	the Money StoryTypes® quiz tool, as further described in Schedule 1, which is provided as part of a valid Subscription and is designed to generate sales leads and re-engage existing client relationships and is licensed for use by Clients in accordance with these Terms.
Site	means the website owned by the Company which can be found at www.moneystorytypes.com.
Subscription	means a monthly subscription for the access to and use of the Money StoryTypes® Quiz Product and the Portal.
Subscription Use Guidelines	the Company’s conditions with regard to the provision and use of the Product and the Portal as set out in Schedule 2.
Territory	the World.
Taxes	means Goods and Service Tax (GST) or value added tax (VAT) or any equivalent tax chargeable in the UK or elsewhere.

2. Introduction
   • We are the provider of the Subscription service and the legal and beneficial owner of the Product and licensee of the Portal.
   • We are willing to grant a licence to you to access and use the Product and the Portal via the purchase of a Subscription service on the Terms set out below.
   • These Terms, along with our Privacy Notice and Website Terms of Use which can be found at moneystorytypes.com, and the Data Processor Terms (attached) represent the entire agreement between us and apply to the exclusion of any other terms or previous course of dealing.
3. Payment terms
   • Your Subscription, which provides access to the Product and the Portal by way of licence, becomes valid upon our acceptance of your Subscription purchase as further detailed below. The Subscription options are set out on our Site. All Subscriptions require an initial non-refundable set up fee followed by monthly payments and the relevant fee amounts are set out on our Site (“Fee”) along with applicable payment methods.
   • For all Subscription options, the Fee will be payable on a recurring monthly basis and you consent to us taking those monthly payments automatically, without further notice, as and when they fall due until our agreement is terminated in accordance with these Terms.
   • All Fee payments shall be made without deduction, set off or any form of withholding except as is required by law.
   • The Fee and any other payments are non-refundable, save where clauses 4.2.4 or 6.3 apply and are inclusive of any applicable taxes (where applicable).
   • Where any Fee payment is outstanding for more than 7 days then we reserve the right to suspend your Subscription, which includes all access to the Product and the Portal and any other services and/or to charge you interest on the outstanding Fee at the rate of 5% per annum above the Bank of England’s base rate from time to time in force.
   • We reserve the right to make changes to the Fee at any time by providing you with at least 30 days’ notice in writing. Any change will not affect the Fee applicable to any purchased Subscription but will apply to any renewal or subsequent purchase.
4. YOUR PURCHASE and licence
   • Please ensure you have selected the right Subscription option before purchasing. The applicable options are available on our Site.
   • The clauses below set out how a legally binding agreement is formed between us:
     • you place an order to purchase a Subscription by selecting your Subscription package and making a payment to us;
     • once your order is placed, we may send you an acknowledgement email, but this does not mean your order has been accepted;
     • our acceptance of your order is at our discretion and may not be accepted in cases where there is an error with the Subscription description or price on our Site or other sales materials, where part or all of the Subscription is no longer available, or where we feel the Subscription may not be right for you;
     • if your order is not accepted, we will notify you by email and provide a full refund of any payment you have made in connection with your purchase;
     • if your order is accepted, our legally binding agreement (as set out within these Terms) begins when we send your onboarding From that point in time, we grant to you a limited, non-transferable, non-exclusive, non-sublicensable, revocable licence to access and use the Subscription, including the Product and Portal, in accordance with the Subscription Use Guidelines set out in Schedule 2, within the Territory, for the term of this agreement, subject to and in accordance with these Terms.
   • In some circumstances it may be necessary for us to make amendments, revisions or changes to the Subscription, or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make any changes then we will ensure that the Subscription still matches the original description as detailed on our Site, except where a change enhances the original description. We shall not be liable for any reasonable changes that are made.
5. Intellectual property
   • All Intellectual Property Rights in the Product and the Portal vest in us. You shall immediately notify us in writing giving full details if you become aware of any actual, suspected or threatened infringement of our Intellectual Property Rights or those relating to the Product or the Portal.
   • In the event an infringement arises in relation to the Product or the Portal:
     • We shall, at our absolute discretion, decide what action to take, if any, and shall have exclusive control over, and conduct of, all claims and proceedings;
     • You shall not make any admissions other than to us and shall provide us with all assistance that we may reasonably require in the conduct of any claims or proceedings; and
     • We shall bear the cost of any proceedings and shall be entitled to retain all sums recovered in any action for our own account.
   • The provisions of sections 101 and 101A of the Copyright, Designs and Patents Act 1988 (or equivalent legislation in any jurisdiction) are expressly excluded.
   • Nothing in this agreement shall constitute any representation or warranty that the exercise by you of rights granted under this agreement will not infringe the rights of any person.
   • At all times you shall:
     • ensure that the Product or the Portal is not altered in any way unless permitted by and only to the extent as contained in the Subscription Use Guidelines;
     • perform any obligations in connection with the use of the Product and the Portal with all due skill, care and diligence including good industry practice;
     • only provide access to the Product to your clients or prospective clients as intended and shall not sell the Product separately to your clients or other parties on any basis whatsoever;
     • only make use of the Product and the Portal for the purposes authorised in these Terms; and
     • comply with all regulations and practices in force or use in the Territory to safeguard our rights in the Product and the Portal.
   • You shall not do or omit to do anything to diminish our rights in the Product or the Portal, nor assist any other person to do so, either directly or indirectly.
   • You acknowledge and agree that the exercise of the licence granted to you under these Terms is subject to all applicable laws, enactments, regulations and other similar instruments in the Territory, and you understand and agree that you shall at all times be solely liable and responsible for such due observance and performance.
   • As part of your Subscription and access to the Product and Portal, you may have access to materials, resources, information, templates, data and other content (“Content”). You accept that the Product, the Portal and the Content can only be used in connection with your access to and use of the Subscription as intended by these Terms and no part should be shared, copied, disclosed, reproduced, sold, broadcast, published or otherwise transmitted or made available to a third party whether or not for commercial reasons without our express consent, except as permitted under the Copyright Designs and Patents act 1988. Nothing in these Terms operates to transfer ownership of any Intellectual Property Rights in the Product, the Portal or any Content to you and you may not use any of our Intellectual Property Rights, including but not limited to our trade marks, business names, domain names and any logos, without our prior written consent.
   • Where you are provided with access to Content which contains Intellectual Property belonging to a third party, the use of that Content will be governed by that third party’s terms and you agree to only use that Content as expressly stated by us. In the event you wish to use such Content for any other purposes then it shall be your responsibility to seek consent to use it. We will not be liable to you in respect of your use or attempted use of Content containing Intellectual Property belonging to a Third Party which goes against any guidance or advice we provide.
   • When you purchase your Subscription, you agree that during your Subscription period and for a period of 12 months once it has ended that you shall not, without our express consent in writing:
     • seek to obtain and/or purchase any products or tools which are the same as or are similar to the Product from another provider within the Territory; or
     • procure or seek to procure the creation of any products or tools which are the same as or are similar to the Product; or
     • use, provide or sell any products or tools which are the same as or similar to the Product or the Portal which are produced by a party other than us.

6. THE PRODUCT and the portal
   • Access to the Product and the Portal is online only. You will be responsible for ensuring you have the correct systems and processes in place to facilitate access.
   • We shall take all reasonable steps to ensure that the Product and the Portal are accessible to you at all times, but we shall not be liable where access is temporarily restricted or limited due to routine or unexpected maintenance or an issue arising with a third-party system which is outside of our control.
   • Should an unforeseen or unexpected event arise which prevents us from providing any access to the Product or the Portal then we shall notify you by email. We shall not be liable to you for any failure or delay in the provision of access, which is caused by circumstances beyond our reasonable control. In the event such an unforeseen or unexpected event arises which continues for a period in excess of 30 days, then either of us will be entitled to terminate or cancel this Agreement by providing the other with 14 days’ notice in writing. This does not affect any other right to terminate as set out within these Terms and any relevant pro-rated refund will be at our discretion.
   • Access to the Product and the Portal will be made available to you following purchase of valid Subscription. You will be provided with your own unique URL and log on details via email.
   • You shall use your Subscription without any alteration or amendment and shall comply with the conditions stipulated by us in the Subscription Use Guidelines and any other specifications, standards or directions relating to the Product or the Portal which are notified in writing by us to deal with any updates, amendments, faults or defects which may emerge.
   • You accept and understand that the Product is not designed to, nor does it constitute any form of financial advice for you, or for any of your clients or prospective clients and you agree to ensure that you make this clear to your clients and prospective clients at all times.
   • You shall provide us with details of any complaints you may have or receive relating to the Product or the Portal, together with reports on the manner in which such complaints are being, or have been, dealt with and shall comply with any reasonable directions we may provide.
7. Changes and updates
   • The Product and the Portal shall be subject to regular updates to check accessibility, speed, security, or for other technical reasons. Such updates should not affect usage.
   • We may make changes to the Product or the Portal to reflect changes in relevant laws, guidance or regulation. These changes will not affect your use of your Subscription. If planned changes will affect your use, we will provide you with information in advance.
   • If we make any significant changes these will be to enhance the Product, the Portal or the Subscription service. Any changes will be included within the Fee, unless we provide you with details and notice otherwise.
   • We may suspend access to the Product and/or the Portal:
     • To fix technical problems or for minor tech changes as specified above;
     • To update for legal /tech reasons;
     • To make significant changes as set out above.
   • Where we determine, at our discretion, that there is a need for more advanced modifications or updates these will be undertaken without notice. A minimum notice period of 30 days will be provided in the event changes or updates are required that will affect accessibility or usage. We will not be liable for any short-term delays or inaccessibility caused by updates or modifications where the changes were required for genuine business reasons.
8. Marketing
   • You may offer for use or market the Product under any of your brand names or trademarks.
9. Confidentiality
   • We both agree and undertake that we shall not at any time during the time a valid Subscription exists and for a period of five years after its expiry or termination, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, nor any of these Terms, except as set out below.
   • Each party may disclose the other party’s confidential information:
     • to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall procure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with the obligations set out in this Clause 9 as if they were a party to this agreement; and
     • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
   • No party shall use any other party’s confidential information for any purpose other than to exercise its rights or perform its obligations under or in connection with this Agreement.
10. Data Protection
    • We are aware of our obligations under recognised Data Protection Legislation and we agree to take appropriate steps to comply with the relevant legislation and to keep any and all personal data that you provide to us safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorised processing.

•  All personal data that you provide to us will be processed, collected, used and held in accordance with the terms of our privacy notice which can be found at moneystorytypes.com/privacy and we shall only process data to the extent reasonably required to enable proper performance of our Services.

 

• As part of your use of the Product you will need to instruct us to process personal data on your behalf. Any such processing that we undertake will be done in accordance with the terms of our Data Processing Form which you will be required to complete prior to us beginning to process any personal data on your behalf.

 

• For the purposes of the Data Protection Legislation, you shall be the Data Controller and we shall be the Data Processor. It shall be your responsibility to ensure that you have in place all relevant consents and notices that are required to enable the lawful transfer of personal data to us.

 

• To enable us to deliver our services to you in connection with the Product and the Portal we shall engage the services of a third party service provider, SMA Digital. SMA Digital will undertake the processing of personal data on our behalf and for the purposes of the Data Protection Legislation will be a Sub-Processor.

 

• We confirm that any processing that will be undertaken by SMA Digital will be in accordance with the terms of a sub-processing agreement which SMA Digital will be required to complete prior to us providing them with any personal data. We agree not to engage any further sub-processors without first obtaining your express consent in writing.

 

• We agree to provide a copy of all personal data or Confidential Information held by us upon receipt of a proper and reasonable data request. Any such request shall be dealt with in a reasonable time. Where we incur time and costs dealing with such a request then you shall be responsible for payment of those costs.

 

• Our obligations under this clause 10, along with the obligations in clause 9 above, shall not apply where it is necessary to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, or where we have been directed to do so by a court of competent jurisdiction, or a governmental, regulatory or supervisory body.

 

11. Complaints
    • We want you to be entirely happy with your Subscription. In the event you have any concerns, you agree to let us know by email to hello@moneystorytypes.com and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action.
    • Where you notify us of a complaint or concern then we will confirm receipt by email and follow our internal complaints handling procedure to investigate and deal with your complaint or concern.
    • We reserve the right to vary or re-perform any services where we consider a concern is justified and in such case these Terms will apply to any re-performed services.
    • Nothing in these Terms affects your statutory rights.
12. Duration and Termination
    • This agreement shall commence when you complete your Subscription purchase and shall continue until your Subscription ends or it is otherwise terminated in accordance with these Terms.
    • You shall have the right to cancel your Subscription at any time. No refunds will be provided and you will continue to have access to your Subscription for the remainder of your Subscription period.
    • To end your Subscription, you should notify us by email to hello@moneystorytypes.com.
    • We shall be entitled to limit your access to your Subscription or suspend, and/or terminate this Agreement with immediate effect and without refund of any Fee, whether paid or remaining due and payable, if we reasonably determine that:
      • you have committed a material breach of any of your obligations under these Terms; or 
      • you have failed to provide payment of any sum due to us as and when it becomes due; or 
      • you have become subject to a bankruptcy or similar financial order or proceedings affecting you and/or your business; or
      • you have acted or behaved dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation; or
      • you have acted in a way which is abusive or is intended to cause offence to us; and/or
      • you have failed to abide by any provision of these Terms, or any other guidance we may provide, whether such action constitutes a material breach or not.
    • Upon termination for any reason:
      • your licence will terminate and your access to the Product, the Portal and the Content, as well as any of our other services or resources will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access;
      • any Fee or other monies owed by you to us will become immediately due and payable;
      • any part of these Terms which either expressly or by their nature relate to the period of time after termination and/or the related services have been delivered, shall remain in full force and effect;
      • you shall cease to use, either directly or indirectly the Product, the Portal, any Content or any Confidential Information belonging to us, or provided by us to you, and shall immediately return to us or destroy any copies of any associated documents, materials or information in your possession or control.
    • Termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach which existed at or before the date of termination or expiry.
13. Liability, Indemnity and Insurance
    • We shall not be liable to you, whether in contract, tort (including negligence), restitution, or for breach of statutory duty or misrepresentation for any loss of profit, loss of revenue, loss of goodwill, loss of business opportunity, loss of anticipated saving, failure to achieve any benefit expected to be derived from purchasing a Subscription, loss of data recorded on any computer or other equipment or any special, commercial, economic, indirect or consequential damage or pure economic loss or any costs, charges or expenses you may incur or suffer as a result of you purchasing a Subscription.
    • Our total liability to you (whether in contract, tort (including negligence), restitution, for breach of statutory duty or misrepresentation or otherwise) shall be limited to the total Fee (excluding any applicable taxes) payable or paid by you within the six (6) months prior to the time loss is sustained.
    • To the maximum extent permitted by law, we shall not be liable (whether caused by us, our agents, employees or otherwise) to you for any failure to provide access to the Product or the Portal where we are prevented due to a reason behind our reasonable control.
    • Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraud or fraudulent misrepresentation or any matter which it would be illegal for us to exclude.
    • During any active Subscription period, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our business or our reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity for us or our business.

 

• In the event a dispute arises in connection with the provision of the Subscription which we are unable to resolve following our internal complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a CEDR accredited independent mediator. In the event a resolution is still not possible 30 days following a mediation decision then either of us shall be at liberty to commence legal action.

 

• You agree to indemnify us and keep us indemnified against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
  • your exercise of any rights granted under these Terms;
  • your breach or negligent performance or non-performance of these Terms;
  • the enforcement of these Terms

This indemnity shall apply whether or not we have been negligent or at fault.

• Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this agreement.

14. No Partnership or Agency
    • Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
    • We may subcontract or delegate in any manner any or all of our obligations under these Terms to any third party, provided that we give written notice of such subcontract or delegation to you.
    • You shall, at our request, execute any agreements or other instruments (including any supplement or amendment to this agreement) which may be required in order to give effect to or perfect any assignment, transfer, mortgage, charge or other dealing referred to in the clause above.
15. Contact Between Us
    • Any notice or other communication given in connection with these Terms shall be in writing and shall be sent by email to our email address at hello@moneystorytypes.com and for you, the email address you provide at the time of purchase.
    • Any notice or communication sent in accordance with clause 15.1 shall be deemed to have been received at 9 a.m. on the next business day after transmission.
16. General
    • All titles and headings used within these Terms are for reference purposes only.
    • We shall be entitled to transfer any of our rights and obligations under these Terms at any time, without notice to you.
    • You shall not grant sub-licences under these Terms and you shall not assign, transfer, mortgage, charge, sub-license, subcontract, delegate, declare a trust over or deal in any other manner with any or all of your rights and obligations under this agreement without our prior written consent (such consent not to be unreasonably withheld or delayed).
    • No failure or delay by either one of us in exercising any of our respective rights under these Terms shall be deemed to be a waiver of that right, and no waiver by either one of us of a breach of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision
    • In the event any provision of these Terms is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable
    • These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
    • These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
    • Where we deem it necessary to vary or modify these Terms (other than any Fee) then we shall notify you of any changes by email and your continued use of the Subscription will be deemed as your acceptance of any changes.

The Product

 

The product has been designed to assist clients with assessing and understanding their relationship with money, capturing new client enquiries and using with existing clients to deepen the conversations around money.

The Product is available as different options and for the purposes of these Terms, the particular Product you purchase will be as described below or on our sales page which can be found at www.moneystorytypes.com at the time of purchase.

Each Product has an initial non-refundable set-up fee followed by a recurring monthly Subscription Fee. The price you pay for the Subscription will be dependent upon the number of reports required. 

In the event that an upgrade is required to the Subscription, you will be able to upgrade within your dashboard area.

For any queries you can email hello@moneystorytypes.com

1. Basic Plan:

Monthly Fee: £49

• Add your logo on the assessment and report (co-branding)
• 1 user included (one login) 
• Up to 25 submitted reports per month
• Access to your portal to see your client leads
• A Marketing Playbook including best practices

2. Pro Plan

Monthly Fee: £99

• All inclusions in Basic plus…
• Add your own result videos which must be hosted by your own hosting platform such as Vimeo or YouTube. 
• Connect your CRM (assuming that your CRM has API access) 
• Up to 3 users
• Up to 100 reports submitted per month
• Analytics and reporting features within your dashboard

3. Premium Plan:

Monthly Fee: £179

• All inclusions in Pro plus…
• Advanced team tagging and tracking – this is the ability for different team. Members to send out a unique link that then registers any submissions from that link to go to that particular team member for an email notification and/or a CRM tag. 
• Up to 5 users
• Up to 250 reports per month

 

Plus the option of additional upgrades including:

 

Upgrade 1* – Custom full white-label branding (logo, colours, icon colours and type fonts) on PDF reports, landing page, results page and quiz page done for you: £299.00 once off. To be supplied within 60 days. 

Upgrade 2** – 3 x Custom result videos (maximum of 10 mins per video) edited and added for you, including 3 video scripts for you to use for recording: £299.00 once off. 

 

The white labelling and video customisation is provided by SMA Digital.

 

 

The particular Product The Client purchases will be as described on the sales page on the website www.moneystorytypes.com at the time of purchase. 

Each Product has an initial non-refundable set-up fee followed by a recurring monthly subscription. The price The Client pays for the subscription will be dependent upon the number of reports required.  

If an upgrade is required to your Subscription, The Client will be able to upgrade within their dashboard area. For any queries, they can email hello@moneystorytypes.com

If an upgrade is requested mid payment cycle, the increased monthly fee will be immediately payable. No pro-rating of the monthly subscription is available.

If a downgrade is required, this can be done immediately via the client portal area and the monthly subscription would be reduced at The Clients next monthly billing cycle.

If The Client decides to cancel your monthly subscription, The Client will retain access to the reports available for the remaining period left on their subscription.

 

Subscription Use Guidelines

1. The Product does not constitute any form of financial advice to you or any of your clients or prospective clients. You agree to make your own clients or prospective clients aware of this.
2. `You agree and accept that you shall not alter the Product or the Portal.
3. If you exceed the number of uses of the reports, we will simply notify you with your options to either upgrade your account or pause the assessment until the next month begins.
4. If you cancel your subscription during the month that you have paid, access will remain until your next payment due date. The Client will lose access to the dashboard and any data at the end of the monthly period following cancellation.

• You accept and understand that it is your responsibility to keep your own privacy policy up to date and ensure you comply with your own obligations under the relevant Data Protection Legislation. We agree to keep the Money Storytypes default privacy policy up to date.

 

SCHEDULE 3

Data Processing Terms

We take the protection of personal data and our obligations under the relevant Data Protection Legislation seriously. When you begin to use the Money StoryTypes Subscription Product, personal data belonging to those that access the quiz Product will be processed by us and we want to ensure that any such personal data is kept secure and only processed in accordance with your instructions and the relevant Data Protection Legislation.

The Data Processing Terms set out below confirm how we will process personal data on your behalf. It is important that you read this document carefully and ensure that you accept and understand it so that we can both ensure that all personal data is processed in the right way and that we both comply with our legal obligations under the Data Protection Legislation.

 

These Data Processing Terms form part of the agreement between us, along with the Money StoryTypes Subscription Terms and Conditions. When you purchase the MoneyStoryTypes Subscription, you will be deemed to accept these Data Processing Terms unless we expressly agree in writing otherwise. Where a conflict arises between the Money StoryTypes Subscription Terms and Conditions and these DP Terms, then these DP Terms shall take priority.

1. Definitions

• In these Data Processing Terms, the following expressions have the following meanings:

Data Controller, You	means you, the person or entity purchasing the Subscription.
Data Processor or We, Us, Our	means Money StoryTypes Limited of Heath View, 8 Mont Es Croix, La Verte Rue, St Brelade, JERSEY JE3 8EL.
Data Protection Legislation	includes all applicable data protection laws including EU GDPR and UK GDPR, the Data Protection Act 2018, the Data Protection (Jersey) Law 2018, the Data Protection Authority (Jersey) Law 2018 and any applicable implementing laws, regulations and secondary legislation relating to the processing of personal data as well as the Privacy and Electronic Communications Regulations 2003 as amended.
DP Terms	means these Data Processing Terms.
EU GDPR	means General Data Protection Regulation (EU 2016/679).
MST Terms and Conditions	means the Money StoryTypes Subscription Terms and Conditions.
Personal Data Breach	means a breach of security measures which causes loss, destruction, unauthorised disclosure of, or unauthorised access to, personal data transmitted, shared or otherwise processed;
Processing	means any activity that involves the use of personal data including, but not limited to, any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collecting, recording, organisation, structuring, storing, adaptation or alteration, retrieval, consultation, disclosure by transmission, dissemination or otherwise making available, alignment or the combination, restriction, erasure or destruction and also includes the transfer or personal data to third parties;
Subscription	means a monthly subscription for access to and use of the Money StoryTypes® Quiz Product and the Portal.
Sub-Processor	means a sub-processor appointed by the Data Processor to process the personal data;
Sub-Processing Agreement	means an agreement between the Data Processor and the Sub-Processor in connection with the processing of personal data by the Sub-Processor.
UK GDPR	means Regulation (EU) 2016/679 General Data Protection Regulation as it forms part of the law of England and Wales, Scotland and Northern Ireland in accordance with Section 3 of the EU (Withdrawal) Act 2018.
“Data Subject” and “Personal Data” shall have the meanings as set out in the Data Protection Legislation.

 

• These DP Terms and any reference to them shall include the Schedules and any references to writing will include email.

 

• All headings are for convenience only and shall not affect interpretation.

 

• Any reference to legislation, regulations or other forms of legal instruments shall include any subsequent variations, amendments, repeals and other similar modifications and shall be construed and interpreted to include such modifications.

 

2. The Data Processing Terms

 

• These DP Terms come into effect when you complete your purchase of the Subscription and receive your onboarding email and shall continue in force for the duration of the period in which we process personal data on your behalf, until our arrangement is terminated in accordance with these DP Terms. Where your Subscription is terminated, then this agreement will also terminate automatically.

 

• We both agree that, at all times, we will comply with the Data Protection Legislation and any other relevant and applicable laws and shall not act in a way that may cause the other party to breach any obligations under the Data Protection Legislation.

 

3. Our Obligations

 

• We agree:

 

• to only process personal data that you provide to us, to the extent necessary and the purposes required, in connection with our delivery of the Subscription service to you as set out in Schedule 1 and in accordance with these DP Terms and/or any express written instructions you may provide to us;

 

• to put in place the technical and organisational measures set out in Schedule 2, to ensure that any personal data is kept secure and protected and which also allows for regular audits and testing of those measures and enables you to comply with the rights of data subjects under the Data Protection Legislation, in respect of data subject access requests;

 

• to maintain any personal data in confidence and to take such steps as are reasonably necessary to ensure that any employee, contractor or other third party working on our behalf is properly trained and made aware of the confidential nature of the personal data and their duties and obligations when accessing or processing the personal data;

 

• to assist you in complying with your obligations under the Data Protection Legislation with respect to the security of personal data, dealing with any security breaches, and, where applicable, any data protection impact assessments, taking into account the nature of the services we provide in connection with the Subscription and the personal data involved;

 

• to comply with any written request that you provide to us which asks us to pause, cease or rectify any unauthorised data processing;

 

• to amend, transfer delete and/or return all personal data to you upon your written request or following termination of your Subscription;

 

• upon 7 clear working days’ notice, to engage and assist with such audits and inspections, as you may reasonably require, and to provide you with such information as is necessary, to demonstrate our compliance with the obligations contained in the relevant Data Protection Legislation;

 

• to only process personal data within Jersey, the United Kingdom or the European Economic Area (“EEA”) (unless otherwise required by and to the extent of Jersey, UK or EU law) and to seek your consent for the processing of personal data where it is outside of Jersey, the UK or the EEA and to agree and ensure that appropriate safeguards exist in those countries;

 

• to only transfer personal data to a third party where we have your written consent unless otherwise required by and to the extent of Jersey, UK or EU law;

 

• to inform you immediately in the event that we reasonably believe that anything that you ask us to do infringes the Data Protection Legislation or other applicable Data Protection Legislation or where we become aware of any changes to the Data Protection Legislation which may affect our delivery of the Subscription or any other obligations under these DP Terms;

 

• to keep up to date, complete and accurate records, as further detailed in Schedule 3, of all processing activities that we undertake; and

 

• that any copyright, database right or other intellectual property right existing in the personal data shall at all times remain with you, or any third party from whom you have obtained the personal data and that we shall be licensed to process the personal data for the purposes of and in accordance with these DP Terms.

 

4. Your Obligations

 

• You understand and accept that as Data Controller you will remain, at all times, responsible for all personal data and for compliance with the Data Protection Legislation.

 

• You accept and agree that by purchasing and/or accessing and using the Subscription, that you are instructing us to process the personal data you provide to us, on your behalf, as set out in Schedule 1 and that any and all future instructions that you provide to us will be clearly set out in writing and shall comply with the Data Protection Legislation and all other relevant, applicable laws.

 

• You agree that all personal data that you provide to us shall comply with the Data Protection Legislation including, but not limited to, its collection, holding and processing.

 

• You warrant and represent that you have all necessary and appropriate consents and notices in place to allow for the lawful transfer of personal data to us.

 

• You warrant and represent that you will at all times comply with the Data Protection Legislation and shall not take any action, or provide us with any instructions, which may cause us either directly or indirectly to breach any of our obligations under the Data Protection Legislation.

 

5. Sub-Processing

 

• You accept and understand that in order to provide you with the Subscription that we will engage a Sub-Processor to undertake services on our behalf which will include data processing services.

 

• The Sub-Processor for this purpose will be SMA Digital Ltd of 7 Bell Yard, London, WC2A 2IR. Company Number: 10047806 (“SMA”). We confirm that SMA have been appointed under a written Sub-Processor Agreement which imposes on SMA the obligations as set out within these DP Terms.

 

• We agree not to engage any further Sub-Processors without your prior written agreement.

 

• Where we do obtain your agreement to the use of another Sub-Processor, then we shall ensure that any future Sub-Processor is also appointed under a written agreement which imposes on that Sub-Processor the obligations as set out within these DP Terms.

 

• We shall ensure that any Sub-Processor complies fully with the obligations as set out in the Sub-Processing Agreement as well as the Data Protection Legislation.

 

• We accept that it shall be our responsibility to ensure that the Sub-Processor complies with its obligations under the Sub-Processing Agreement and that we shall be liable for any failure of the Sub-Processor in complying with such obligations.

 

6. Transfer of Data

 

• You accept that we are based in Jersey and that personal data may be transferred to and/or processed in Jersey.

 

• We agree not to transfer or otherwise process personal data outside of Jersey, the UK or the EEA, as applicable, without obtaining your prior written consent.

 

• Where you provide your consent to the transfer of personal data outside of Jersey, the UK or the EEA, and no appropriate safeguards exist, we agree that the European Commission’s Standard Contractual Clauses will apply.

 

7. Dealing with Data Subjects

 

• We agree to assist you, subject to you agreeing to be responsible for our costs, in complying with your obligations under Data Protection Legislation, in dealing with a data subject access request or a complaint from a data subject.

 

• In the event we receive a data subject access request or a complaint we agree to notify you as soon as is reasonably possible and provide you with such information as we are able in relation to the details of the complaint or the subject access request.

 

8. Personal Data Breach

 

• In the event we become aware of any loss, damage, corruption or destruction of any personal data or any unauthorised or unlawful processing of personal data we agree to inform you as soon as is reasonably possible together with details and the nature of the breach, the personal data lost (including categorisation, likely numbers, the personal subjects affected).

 

• We shall provide details of the measures that have been taken, or will be, together with likely timescales to mitigate the impact of the breach.

 

• It shall be your responsibility to provide notice of any such personal data breach to the data subject and all relevant law enforcement agencies, regulators and supervisory authorities.

 

9. Liability and Indemnity

 

• You shall be liable for, and shall agree to indemnify us in respect of any and all actions, proceedings, liabilities, costs, claims, expenses or any demand suffered or incurred, or awarded against, or agreed to be paid by you, arising directly or in connection with

 

• any non-compliance by you of your obligations under the Data Protection Legislation;

 

• any personal data processing carried out in accordance with your instructions, by us or our agreed Sub-Processors that infringes Data Protection Legislation; or

 

• any breach by you of any of your obligations under these DP Terms.

 

• We shall be liable, and shall agree to indemnify, and keep you indemnified, in respect of any and all actions, proceedings, liabilities, costs, claims, expenses or any demand suffered or incurred, or awarded against, or agreed to be paid by you, arising directly or in connection with our data processing activities which are subject to these DP Terms only where:

 

• the loss was due to our (or our Sub-Processors) breach of any provision of these DP Terms; and

 

• to the extent that the breach was not contributed to or caused by any breach of these DP Terms by you.

 

• You agree that you shall not be entitled to claim back any sums from us which were paid in respect of any damages for which you are liable to indemnify us;

 

• Nothing in these DP Terms shall limit the liability of either one of us to any data subject or for any other breach of a Party’s direct obligations under the Data Protection Legislation.

 

• Nothing in these DP Terms shall prevent either one of us from complying with any requirement to disclose personal data where it is required by law.

 

10. Return or disposal of personal data

 

• We agree, upon receipt of your written request, to delete or dispose of any personal data, provide a copy or return it to you in the format as you may reasonably request, within a reasonable time following:

 

• the termination of your access to the Subscription; or

 

• receipt of notice in writing from you that the processing of personal data is no longer required.

 

• Where we are required by any Data Protection Legislation or other law or regulation to retain any documents, we shall notify you and provide you with details of the documents and applicable retention periods.

 

11. Law and Jurisdiction

 

• These DP Terms and our agreement under them are to be governed by and construed in accordance with the Laws of England and Wales and we both agree to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute and/or legal proceedings in respect of this agreement and any matter arising hereunder.

 

 

 

Data Processing Terms

SCHEDULE 1

PERSONAL DATA

We agree to only process the personal data you provide to us (as set out below) for the purposes required in connection with the Subscription (as set out below).

Type of Personal Data	Category of Data Subject	Duration of Processing	Nature of Processing	Reason for Processing
Name	Identification	7 years after sending data subject’s report	Collection, storage, use, duplication, deletion as required to provide the service to the data subject	Used to personalise data subject’s report
Email Address	Identification	7 years after sending data subject’s report	Collection, storage, use, duplication, deletion as required to provide the service to the data subject	Used to send data subject’s report to them

 

 

Data Processing Terms

SCHEDULE 2

DETAILS OF ANY SECURITY MEASURES

We agree to put in place the following security measures to protect the personal data you provide to us from any unauthorised or unlawful processing, accidental loss, destruction, damage, alteration, or disclosure.

Compliance with internal security policy;

Up to date and valid virus protection;

Bank-grade 256bit SSL certificate across all quizzes;

Automatic core software updates;

Incorrect password lockouts;

Intelligent IP blocking;

Malware prevention;

Fastly WAF (automatically detects potential hack threats and stops them);

Hashing Function: Uses the bcrypt algorithm for hashing passwords. Bcrypt is a robust and computationally intensive algorithm that is highly effective in protecting against brute-force attacks;

Salting: In addition to hashing, we add a unique ‘salt’ to each password. A salt is a random string of characters that is added to the password before it’s hashed. This process ensures that even if two users have the same password, their hashed passwords will be different due to the unique salts;

Automatic daily backups

 

 

 

Data Processing Terms

SCHEDULE 3

PERSONAL DATA PROCESSING RECORDS

 

We agree to keep records of all data processing activities undertaken. We will keep records using the format /details as set out below.
DATE	Type of Personal Data	Security measures in place	Name of person undertaking processing	Category of processing	Is it transferred outside of the EEA	How long it will be retained