Effective date: 24/03/2024

Advancia.ie (“site”) is owned and operated by Dawn Leane, Gemma O’Halloran and Jean Evans, sole traders operating as a partnership with principal place of business located in Gorey, Co. Wexford and is registered for VAT. In these terms we refer to ourselves as “we”, “us”, “our” or “ourselves”. 

You can get hold of us in any of the following ways:

by telephoning us on +353 (0)83 065 7500;

by emailing us at [email protected].

Personal Data 

For information about how we collect and use your personal information, please see our privacy notice which is available here. 

Terms of use

These Terms set out the terms on which you may use the Site. These Terms are important, and you should read them carefully before using the Site. They explain how you may use the Site. 

By using (and continuing to use) the Site, you agree to comply with these Terms. If you do not agree with these Terms, then you must stop using the Site immediately. 

Changes to these Terms

We may change these Terms from time to time. You should therefore check these Terms each time you visit our Site for any changes. These Terms were last updated on date. 

If you do not agree with the new/amended Terms then you must stop using the Site immediately. If you continue to use the Site, you agree to comply with the new/amended Terms. 

Site Availability and access to the Site

Our Site is aimed at website visitors based in the Republic of Ireland. The content on the Site may not be appropriate or available for use in locations outside of the Republic of Ireland.

We permit access to the Site on a temporary basis, and we may amend, suspend or indefinitely withdraw the Site, without notice to you. 

You may only use our Site for lawful reasons. 

Whilst we try to make this Site available at all times, we make no promises that it will be available at all times and we will not be liable if the Site is unavailable for any period of time, for whatever reason. 

Access to the Site may be restricted or the Site may be unavailable to allow us to repair, maintain or improve the Site. We do not guarantee that access to the Site will be uninterrupted.  

You are responsible for ensuring that you have the necessary and compatible equipment and/or devices for accessing our Site. 

Updates to Content

We regularly change and update content on our Site.

Reliance on Content

The content on our Site is posted for general information purposes on an ‘as is’ basis and is not intended to amount to advice on which you should rely. 

You should always obtain your own professional advice before taking any action or refraining from doing something based on the content of our Site. 

We use reasonable endeavours to provide content which is up to date, but we do not warrant, represent, promise or guarantee that the content on our Site is up to date or accurate. 

Login Details

If you have login details to access any part of the Site, you must treat those details as confidential, and you must not share them with or disclose them to any other person or any other third party.

You will be responsible for all activity and orders placed under your login details. If you believe that someone else knows your password, then you should contact us immediately using the contact details above.

If we believe that you have not complied with these Terms or any other terms applicable to you, then we reserve the right to disable or suspend your login details.

If we believe that there has been a breach of security in relation to your login details or we believe that your account has been misused, then we may lock your account and require you to change your password.

Third Party Sites

The Site may contain links to third-party websites. We are not responsible for the content on any linked website, and we accept no responsibility for any loss or damage suffered due to your use of them. Where we provide links, we do so where we believe it may assist you and other visitors to our Site but by providing the link, we do not in any way approve the linked website or anything contained therein. 

Visitor’s content 

If you submit any content to our Site (such as on a chatroom or providing a review) you agree that: 

• you own the intellectual property rights in the content you submit and no content which you submit will infringe the intellectual property rights of anybody else; 

• you are personally responsible for the content which you submit; 

• you will not submit anything which is false, misleading or inaccurate;

• you will not submit anything which is defamatory, threatening or which is otherwise considered offensive, or which is against the law; and

• you will not submit anything which contains viruses or similar programs or files which damage equipment, devices or software. 

• We reserve the right to remove any submissions made to our Site. 

If you fail to comply with these Terms, we reserve the right to suspend or withdraw indefinitely your access to or use of our Site. We may also take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.

We do not usually edit or monitor content uploaded by visitors. Visitor’s content has not been approved by us and does not necessarily represent our views or values. If there is content uploaded by other visitors that you wish to complain about then please contact us using the contact details set above.

Viruses and bugs

We do not guarantee that our Site will be free from viruses, bugs or other harmful code or programmes. It is your responsibility to ensure that the equipment and devices you use to access our Site are installed with up to date and sufficient anti-virus software. 

You must not intentionally introduce viruses, bugs or other harmful code or programs to our Site. 

You must not attempt to hack or attack or attempt to gain unauthorised access to our Site, any part of it or any software or equipment connected to it. We may take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.

Our Liability

This section does not apply to any goods, services or digital content that we may sell to you via this Site. Please refer to our terms and conditions of sale which are available on request. 

Nothing in this section or these Terms shall exclude or place limits on our liability for any death or personal injury caused by our negligence or for any other liability which cannot be excluded or limited by law.

To the fullest extent permitted by law we exclude all liability for loss or damage arising out of or in connection with your use of our Site (including any inability to use our Site). This exclusion covers, but is not limited to, liability for:

• any direct loss; 

• any loss of profit;

• any loss of revenue, anticipate savings or goodwill; or

• any indirect or consequential loss. 

To the fullest extent permitted by law, we exclude all representations and warranties relating to our Site and the content on it. 

We will not be liable for any loss or damage arising out of or in connection with your use of or reliance on any content on our Site. 

If you are a consumer, then none of these exclusions or limitations or other terms in these Terms affect your rights under consumer law. 

Intellectual Property Rights

Except in respect of content uploaded by visitors we own (or we are an authorised licensee) all intellectual property rights on this Site and in the material and content published on it. These are protected by worldwide intellectual property laws, and we reserve all such rights. 

Advancia and The Playbook are trademarks of our related companies. You are not permitted to use them unless you are authorised to do so. 

We grant to visitors of the Site a non-exclusive revocable licence to view and print the content appearing on the Site or any part of it, subject to the following conditions: 

• you may print one copy for your own personal use (but not for commercial use); 

• you may download extract(s) from our Site for your own personal use (but not for commercial use); 

• you must not delete any copyright notice from any content which you print or download;

• you must acknowledge us (or the relevant person/contributor) as the author of the content; 

• you must not license or resell any content printed or downloaded from our Site; and

• you must not use any of our trademarks or any third-party trademarks which appear on our Site without our express written permission (or that of the relevant third party). 

If you print or copy any content from our Site without complying with these Terms then your right to access our Site will end immediately and you must destroy, delete or return any copies of the content when and how we instruct you to. 

Links to our Site

You may not create a link to any part of our Site unless you have our prior written consent. If you would like to link to our Site, please send your request to us on the contact details set out above. 

Severance

If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant part shall be deemed deleted. Any modification to or deletion of such part under this clause shall not affect the validity and enforceability of the rest of these Terms.

Law and Jurisdiction

If there is ever any dispute between you and us, then it will be resolved using the law of the Republic of Ireland. Any proceedings will be brought in the Irish courts. 

1.1 The key terms that we use throughout this privacy notice are defined below, for ease:

1.2 Data Controller: under Irish data protection law, this is the organisation or person responsible for deciding how personal information is collected and stored and how it is used.

1.3 Data Processor: a Data Controller may appoint another organisation or person to carry out certain tasks in relation to the personal information on behalf of, and on the written instructions of, the Data Controller. (This might be the hosting of a site containing personal data, for example, or providing an email marketing service that facilitates mass distribution of marketing material to a Data Controller’s customer base.)

1.4 Personal Information: in this privacy notice, we refer to your personal data as ‘personal information’. ‘Personal information’ means any information from which a living individual can be identified. It does not apply to information that has been anonymised.

1.5 Special Information – certain very sensitive personal information requires extra protection under data protection law. Sensitive data includes information relating to health, racial and ethnic origin, political opinions, religious and similar beliefs, trade union membership, sex life and sexual orientation and also includes genetic information and biometric information.

2. Details of personal information that we collect and hold about you

2.1 Set out below are the general categories and details of retention periods in relation to those categories [(see section 8 below for more details about retention)] and in each case the types of personal information that we collect, use and hold about you:

2.2 The types of personal data we collect about you may differ from person to person, depending on who you are and the relationship between us.

3. Details of special information that we collect and hold about you

3.1 The Special Category Data we collect includes the results of psychometric assessments, such as personality profiles, aptitude test scores, and emotional intelligence scores. Further consent will be required from each participant prior to any psychometric assessment taking place. Any processing of psychometric testing results, or of results provided directly by the client, will take place without individual consent, unless requested, and will be deemed part of the overall client terms and conditions agreement. 

3.2 Data collected from psychometric assessments carried out online are managed by third-party test publishers, who have written agreements in place with us to ensure all reasonable data protection measures are taken by them to secure your data. Reports sent to us from test publishers and/or stored by us in the case of onsite assessments are stored on servers in Ireland and in the Cloud where the Data Centre is based in the EEA (UK) with all reasonable security measures in place. 

3.3 We do not collect information from you relating to criminal convictions or offences.

4. Details of how and why we use personal information

4.1 We are only able to use your personal information for certain legal reasons set out in data protection law. There are legal reasons under data protection law other than those listed below; but, in most cases, we will use your personal information for the following legal reasons:

1. Contract Reason: this is in order to perform our obligations to you under a contract we have entered into with you;

2. Legitimate Interests Reason: this is where the use of your personal information is necessary for our (or a third party’s) legitimate interests, so long as that legitimate interest does not override your fundamental rights, freedoms or interests;

3. Legal Obligation Reason: this is where we have to use your personal information in order to perform a legal obligation by which we are bound; and

4. Consent Reason: this is where you have given us your consent to use your personal information for a specific reason or specific reasons.

4.2 As explained in section 3 above, there are more sensitive types of personal data, which require higher levels of protection. Where we process such sensitive types of personal data, we will usually do this in the following circumstances:

1. We have your explicit consent;

2. Where it is necessary in relation to legal claims;

3. Where you have made the personal data public.

4.3 So that we are able to provide you with services, we will need your personal information. If you do not provide us with the required personal information, we may be prevented from supplying the services to you.

4.4 It is important that you keep your personal information up to date. If any of your personal information changes, please contact us as soon as possible to let us know. If you do not do this, then we may be prevented from supplying the services to you.

4.5 Where we rely on consent for a specific purpose as the legal reason for processing your personal information, you have the right under data protection law to withdraw your consent at any time. If you do wish to withdraw your consent, please contact us using the details set out at the beginning of this notice. If we receive a request from you withdrawing your consent to a specific purpose, we will stop processing your personal information for that purpose, unless we have another legal reason for processing your personal information – in which case, we will confirm that reason to you.

4.6 We have explained below the different purposes for which we use your personal information and, in each case, the legal reason(s) allowing us to use your personal information. Please also note the following:

1. if we use the Legitimate Interests Reason as the legal reason for which we can use your personal information, we have also explained what that legitimate interest is; and

2. for some of the purposes, we may have listed more than one legal reason on which we can use your personal information, because the legal reason may be different in different circumstances. If you need confirmation of the specific legal reason that we are relying on to use your personal data for that purpose, please contact us using the contact details set out at the start of this privacy notice.

4.7 Sometimes we may anonymise personal information so that you can no longer be identified from it and use this for our own purposes. In addition, sometimes we may use some of your personal information together with other people’s personal information to give us statistical information for our own purposes. Because this is grouped together with other personal information, and you are not identifiable from that combined data we are able to use this.

4.8 Under data protection laws, we can only use your personal information for the purposes we have told you about, unless we consider that the new purpose is compatible with the purpose(s) we told you about. If we want to use your personal information for a different purpose that we do not think is compatible with the purpose(s) we told you about, then we will contact you to explain this, and what legal reason is in place to allow us to do this.

5. Details of how we collect personal information and special information

5.1 We usually collect [Identity Information, Contact Information, Payment Information, Transaction Information, Survey Information, Marketing Information, Special Information; and others per above] directly from you when you [fill out a form, survey or questionnaire, purchase services and/or receive digital content from us, contact us by email, telephone, in writing or otherwise]. This includes the personal information that you provide to us when you subscribe to our mailing list enter a competition or survey.

6. Details about who personal Information may be shared with

6.1 We may need to share your personal information with other organisations or people. These organisations include:

1. Other companies in our group (who may/might act as joint data controllers or as data processors on our behalf) and who describe the services they provide that require them to have access to personal information, e.g. IT services, or describe the reasons it may be shared with them, e.g. for management reporting.

2. Third parties may include:

• Suppliers: such as IT support services, payment providers, administration providers, marketing agencies based in Ireland.

• Government bodies and regulatory bodies: such as Revenue, fraud prevention agencies based in Ireland. 

• Our advisors: such as lawyers, accountants, auditors, insurance companies who are based in Ireland.

• Our bankers who are based in Ireland.

• Email platforms who are based in UK and Ireland;

• any organisations that propose to purchase our business and assets, in which case we may disclose your personal information to the potential purchaser.

6.2 Depending on the circumstances, the organisations or people who we share your personal information with will be acting as either Data Processors or Data Controllers. Where we share your personal information with a Data Processor, we will ensure that we have in place contracts that set out the responsibilities and obligations of us and them, including in respect of security of personal information.

6.3 We do not sell or trade any of the personal information that you have provided to us.

7. Details about transfers to countries outside of the EEA

7.1 We do not transfer your personal information outside of the EEA.

8. Details about how long we will hold your personal information

8.1 We will only hold your personal data for as long as is necessary. How long is necessary will depend upon the purposes for which we collected the personal information (see section 4 above) and whether we are under any legal obligation to keep the personal information (such as in relation to accounting or auditing records or for tax reasons). We may also need to keep personal information in case of any legal claims, including in relation to any guarantees or warranties that we have provided with the goods services digital content.

8.2 We have set out above the details of our retention periods for different types of data. You can find them in section 2 and also in section 3.

9. Your rights under data protection law

9.1 Under data protection laws, you have certain rights in relation to your personal information, as follows:

• Right to request access: (this is often called ‘subject access’). This is the right to obtain from us a copy of the personal information that we hold about you. We must also provide you with certain other information in response to these requests to help you understand how your personal information is being used.

• Right to correction: this is the right to request that any incorrect personal data is corrected, and that any incomplete personal data is completed.

• Right to erasure: (this is often called the 'right to be forgotten'). This right only applies in certain circumstances. Where it does apply, you have the right to request us to erase all of your personal information.

• Right to restrict processing: this right only applies in certain circumstances. Where it does apply, you have the right to request us to restrict the processing of your personal information.

• Right to data portability: this right allows you to request us to transfer your personal information to someone else.

• Right to object: you have the right to object to us processing your personal information for direct marketing purposes. You also have the right to object to us processing personal information where our legal reason for doing so is the Legitimate Interests Reason (see section 4 above) and there is something about your particular situation that means that you want to object to us processing your personal information. In certain circumstances, you have the right to object to processing where such processing consists of profiling (including profiling for direct marketing).

9.2 In addition to the rights set out in section 10.1, where we rely on consent as the legal reason for using your personal information, you have the right to withdraw your consent. Further details about this are set out in section 4.5.

9.3 If you want to exercise any of the above rights in relation to your personal information, please contact us using the details set out at the beginning of this notice. If you do make a request, then please note:

• we may need certain information from you so that we can verify your identity;

• we do not charge a fee for exercising your rights unless your request is unfounded or excessive; and

• if your request is unfounded or excessive, then we may refuse to deal with your request.

10. Marketing

10.1 You may receive marketing from us about similar goods and services, where either you have consented to this, or we have another legal reason by which we can contact you for marketing purposes.

10.2 However, we will give you the opportunity to manage how or if we market to you. In any email that we send to you, we provide a link to either unsubscribe or opt out, or to change your marketing preferences. To change your marketing preferences, and/or to request that we stop processing your personal information for marketing purposes, you can always contact us on the details set out at the beginning of this notice.

10.3 If you do request that we stop marketing to you, this will not prevent us from sending communications to you that are not to do with marketing (for example in relation to goods services digital content that you have purchased from us).

10.4 We do not pass your personal information on to any third parties for marketing purposes.

13. Complaints

13.1 If you are unhappy about the way that we have handled or used your personal information, you have the right to complain to the Irish supervisory authority for data protection, which is the Data Protection Commissioner (DPC). Please do contact us in the first instance if you wish to raise any queries or make a complaint in respect of our handling or use of your personal information, so that we have the opportunity to discuss this with you and to take steps to resolve the position. You can contact us using the details set out at the beginning of this privacy notice.