Terms of Service

Terms of Service Training For Success Learning Management System (“LMS”)

(Version 3)

The following Terms and Conditions (“Terms of Service”) apply to the use of the services of International Airline Academy of Travel Limited trading as Training for Success (“the Company”). By using the services of the Company, “the Licensee” (Company using the LMS) accepts and agrees to comply with the Terms of Service.

The Company reserves the right to update and modify the Terms of Service as needed and will provide the Licensee with at least 30 days notice of any such change. The launch of new features, tools and resources that improve the service provided by the Company shall be subject to the Terms of Service. The Company has the right to change and enhance their LMS if deemed necessary to improve the overall experience for the user.

Subject to this Agreement and to compliance by the Licensee with the Terms of Service, the Company grants the Licensee a non-exclusive and non-transferable license to access and use the Agreed Services.

For the purposes of this Agreement, the “Agreed Services” are as follows:

Training For Success Learning Management System

The term of this Agreement shall be for a period of 1 year (unless otherwise terminated in accordance with the Terms of Service).

Non-compliance by the Licensee with any Terms of Service listed below may result in the cancellation of this Agreement by the Company if the Licensee is in material or persistent non-compliance with any of the Terms of Service, if the non-compliance is incapable of remedy or if the Licensee fails to remedy the non-compliance within 30 days of receiving notice requiring it to do so. Please note that the Company is not responsible for any content posted via the Learning Management System (LMS) and the Licensee must agree to the following to use the service:

1
The Licensee must provide all necessary documents requested to accomplish the account setup process.
2
The Licensee is responsible for its account and password security. The Company will not be liable for any loss or damage if the Licensee fails to comply with this safety accountability. The Company agrees to comply with all applicable Data Protection Laws and to exercise a reasonable standard of care to keep all of the Licensee’s Data confidential (unless required by law to disclose same).
3
The Licensee is solely responsible for all the activity done and content uploaded under its account. This applies to the other users who have supplemental access or accounts under the Licensee’s credentials. The Licensee must ensure that all such users comply with these Terms of Service.
4
This agreement is between the Licensee and the Company; therefore, content from third parties, cannot be uploaded onto the system, without prior written consent from the Company.
5
The Company has no responsibility under this Agreement to any party other than the Licensee.
6
The Licensee must not use the Company’s LMS for any illegal or unauthorised purpose. The Licensee must comply with all applicable laws including but not limited to copyright laws.
7
The fee for the services rendered by the Company will be billed in advance on a yearly basis and is non-refundable.
8
All fees are exclusive of all taxes and tariffs imposed by the government. The Licensee shall be responsible for the disbursement of these charges.
9
The Company reserves the right to suspend or deactivate the Licensee’s account and refuse any and all present utilisation of the services if the Licensee is in material or persistent non-compliance with any of the Terms of Service, if the non-compliance is incapable of remedy or if the Licensee fails to remedy the non-compliance within 30 days of receiving notice requiring it to do so.
10
Materials and information the Licensee uploaded will remain as the Licensee’s intellectual property.
11
The Company is not obliged to check or evaluate the content of the materials the Licensee will upload however, the Company has sole discretion to refuse or remove any information the Licensee posted after notice is given to the Licensee and the Licensee has had reasonable time to alter such content to an agreeable standard.
12
The actual platform offered by the Company is copyrighted. Duplication, copy or reuse of any visual model or concepts without permission from the Company is prohibited.
13
The Company will use commercially reasonable efforts to ensure that the Agreed Services are available. Technical support will be provided upon request and depending on the issue, the troubleshooting might be scheduled. Such incident should be communicated clearly to the Company. The Company has no liability regarding any loss due to such interference.
14
The Licensee understands that the Company also has contracts with third party vendors and hosting affiliates that provide needed hardware, programs, data storage and other related technological requirements essential to the delivery of the services and products. The Company is not liable for delays or interruptions in performance caused by circumstances beyond its reasonable control.
15
The Licensee must not upload any content that is illegal, violent, threatening, libellous, defamatory, pornographic, obscene or otherwise is deemed by the Company to violate the Terms of Service. The Company may, but not officially be responsible to, erase content and even deactivate accounts that the Company determines in its sole discretion are illegal, violent, threatening, libellous, defamatory, pornographic, obscene or otherwise violates any party’s Terms of Service. In such case, the Company shall advise the Licensee of its actions and shall provide the Licensee with such relevant information as may be available.
16
The Licensee must not upload any file suspected to contain any virus that may affect the system. The Licensee must ensure that it has appropriate anti-virus protection on all devices and equipment used to access the Agreed Services.
17
The Company does not warrant that all the services will be incessant, timely, flawless or free of faults.
18
The Licensee is responsible for maintaining copies of all data uploaded to the services. The Company makes no guarantee that there will be no loss of data. The Licensee acknowledges that the Company may delete its data after termination of this Agreement.
19
The Licensee agree that the Company will not be responsible for any direct, indirect or major damages including but not limited to loss of revenue, data, business, goodwill or injury to your reputation, unauthorised access to your account, loss, deletion, or damage to content or data, unauthorised uploading of data or any other issues relating to the aforementioned.
20
The Company will use reasonable endeavours to give the Licensee access to the Licensee’s customised platform 24/7; however, the Company does not make any promises or provide the Licensee with a warranty that our website or the services will be without any faults or interruptions; be secure or private or that it will not have any viruses etc, but will endeavour to provide a safe, secure, operable system with anti-virus software in place.
21
The Company does not warrant that the Agreed Services will meet the requirements of the Licensee or that they will be suitable for any particular purpose. The Licensee has sole responsibility in determining if the Agreed Services meet their needs.
22
To the fullest extent permitted by applicable law, the Company disclaims all warranties, representations, and liabilities, whether express or implied, arising from contract or tort (except fraud), imposed by statute or otherwise, relating to the Agreed Services, including any warranties as to merchantability, fitness for purpose, or correspondence with description. In particular, the Company does not warrant that the use of the Agreed Services will be uninterrupted or error-free.
23
The total liability of the Company, whether in contract, tort or otherwise and whether in connection with this Agreement or any collateral contract, shall in no circumstances exceed a sum equal to the total fees paid by the Licensee to the Company in the preceding 12 month period.
24
The Licensee may not assign or sub-license the benefit or burden of this Agreement.
25
Notwithstanding anything to the contrary in this Agreement, the Company shall not be liable to the Licensee by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of this Agreement, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by its negligence, or that if its employees or agents or otherwise, even if advised of the possibility of such damages. Nothing in this Agreement shall exclude or limit the liability of the Company for death or personal injury resulting from the negligence of the Company or any of its employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
26
The Licensee shall indemnify and keep the Company fully indemnified from and against all actions, proceedings, claims, demands, losses, costs, expenses, damages and liability arising directly or indirectly from any breach by the Licensee of any of the terms of this Agreement.
27
The Licensee acknowledges that all intellectual property rights (meaning all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights whether registered or unregistered) in respect of the Company’s website, its services and any content licensed by it belong and shall belong to the Company. The Licensee has no rights in or to the said intellectual property rights other than the right to use same in accordance with the terms of this Agreement.
28
The Terms and Conditions establish the agreement between the Licensee and the Company and will serve as the Licensee’s guidance in utilising the services and products provided.
29
The Company shall not be liable for failure or delay in the performance of any of its obligations under this Agreement if such failure or delay results from Force Majeure, but any such failure or delay shall be remedied as soon as practicable.
30
If any provision in this Agreement is deemed to be, or becomes invalid, illegal, void or unenforceable under applicable laws, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the parties, it will be deleted, but the validity, legality and enforceability of the remaining provisions of this Agreement shall not be impaired or affected in any way.
31
Any notice or other communication whether required or permitted to be given under this Agreement shall be given in writing and shall be deemed to have been duly given if delivered by hand to the addressee or sent by registered post to the registered office of such party in this Agreement (or such other address as that party may from time to time designate in writing to the other) or sent to the Company by email to [email protected] or sent to the Licensee by email to the email address used to set up access to the Agreed Services or to any email address notified to Company by the Licensee for this purpose. Any such notice shall be deemed to have been duly given if delivered or sent by email, at the time of delivery, if sent by registered post, forty eight hours after posting.
32
A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
33
Termination by either party in accordance with this Agreement shall not affect any rights or remedies of any party accrued prior to that termination.
34
This Agreement shall be governed by and construed in accordance with the laws of Ireland, and shall be subject to the exclusive jurisdiction of the Irish Courts.

Update

Our Terms of Service may change from time to time and all updates will be posted on this page. Version 3 of our Terms of Service is effective as of 1/05/2017.

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Privacy Overview

Data Protection Policy updated 15th January 2021

Our Contact Details:

Name: International Airline Academy of Travel Ltd (Controller)

(The International Academy of Training & Training for Success registered trade names of International Airline Academy of Travel Ltd.)

Address: Waterford Airport, Terminal Building, Killowen, Co Waterford, Ireland

Email: [email protected]

Introduction:

This is the privacy notice of International Airline Academy of Travel Ltd. In this document “we”, “our”, or “us” refer to International Airline Academy of Travel Ltd. We are registered in Ireland. Our registered office is at Waterford Airport, Terminal Building, Killowen, Co Waterford.

This is a notice to inform you of our policy regarding the information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the legislation and this notice, “process” means collect, store, transfer, use or otherwise act on information.

Our policy complies with the Data Protection Act 2018.  By visiting the website of the Data Controller, the Data Subject (“visitor”, “you”) accepts the terms of this privacy policy.

We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them.

The law requires us to tell you about your rights and our obligations to you regarding the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.dataprotection.ie

Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

Accuracy of your personal data:

Please keep us up to date with any changes to your personal data, this allows us to ensure that your personal data is kept accurate and up to date.

Personal information we collect about you:

We currently collect and process the following information:

  • Personal identifiers, contacts and characteristics (for example, name, address, email and contact number, IP addresses, Student numbers)
  • Payment information: financial information such as bank account or credit card information in order to facilitate the processing of payments
  • Any information provided to us on your behalf to allow us to carry out our service to you
  • Should you apply to work at IAAOT, we collect personal information from you such as;
    • Name
    • Contact Details
    • CV’s education and employment history

We ask that you do not provide any sensitive personal data (eg gender, height, weight, medical information, religion, philosophical or political beliefs, financial data) in job applications

We ask you to provide only the information that is necessary to submit a query to our website on our services.

We do not collect special categories of personal data about you. Special categories of personal data are as follows:

Racial origins, ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic or biometric data, criminal convictions, or offences

When you visit our website:

We use a third-party server to host our website called Hosting Ireland, the privacy policy of which is available here; https://www.hostingireland.ie/privacy-policy.php

Our website server automatically logs the IP address you use to access our website as well as other information about your visit such as the pages accessed, information requested, the date and time of the request, the source of your access to our website (eg the website or URL link) which referred you to our website), and your browser version and operating system.

Use of website server log information for IT security purposes:

We collect and store server logs to ensure network and IT security and so that the server and website remain uncompromised. This includes analysing log files to help identify and prevent unauthorised access to our network, the distribution of malicious code, denial of services attacks and other cyber-attacks, by detecting unusual or suspicious activity.

Unless we are investigating suspicious or potential criminal activity, we do not make nor do we allow our hosting provider to make, any attempt to identify you from the information collected via our server logs.

Cookies:

Cookies are data files which are sent from a website to a browser to record information about users for various purposes.

We use cookies on our website, including essential, functional, analytical and targeting cookies. For further information on how we use cookies, please see our cookies policy.

You can reject some or all of the cookies we use on or via our website by changing your browser settings or non-essential cookies by using a cookie control tool, but doing so may impair your ability to use our website or some or all of its features. For further information about cookies, including how to change your browser settings, please visit www.allaboutcookies.org or see our cookie policy.

How we get the information and why we have it:

Direct interactions

You may provide us with your personal information when you:

  • Fill in the query form on our website
  • Use our LMS
  • Correspond with us via email, phone or otherwise
  • Meet with us on a one-to-one and provide us with your business card, for example.
  • Send your cv to us in order to apply for work

Most of the personal information we process is provided to us directly by you, however we also receive personal information indirectly, from the following sources in the following scenarios:

  • Facebook, Linkedin, Twitter, google analytics
  • From visiting these pages, or interacting with us, you are passing information on to us via the above platforms, these are known as cookies.  This type of information is technical data about your computer equipment, browsing actions and preferences.
  • We also may have access to your publicly available details from these sources.
  • We are required to determine the legal basis for which we process different categories of your personal information, and to notify you of the basis for each category. If we receive information about you from a third party in error and/or we do not have a legal basis for processing that information, we will delete your information.

Most of the personal information we process is provided to us directly by you for one of the following reasons:

Information we process because we have a contractual obligation with you:

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

  • Setting up your account as a client with us
  • Liaising with you
  • provide you with our services
  • provide you with suggestions and advice on products, services and how to obtain the most from using our website
  • Processing and ensuring payment of invoices

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract

Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

We may share this information with third parties in order to process the purchasing transaction of our services. These companies must also adhere to the same data protection legislation. If you would like further information about the identities of our service providers please contact us directly by email.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

Information we process for the purposes of legitimate interests:

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do so after having given careful consideration to:

  • whether the same objective could be achieved through other means
  • whether processing (or not processing) might cause you harm
  • whether you would expect us to process your data, and whether you would consider it reasonable to do so

For example, we may process your data on this basis for the purpose of:

  • necessary administration of our business – for example, creating your client account or setting up a student profile
  • responding to unsolicited communication from you which we believe you would expect a response
  • Where you have enquired about a course and we are following up on the information provided
  • Processing payments and invoices
  • preparing for a job interview with you

Information we process because we have your consent:

Through certain actions when otherwise there is no contractual relationship between us, such as

  • when you browse our website or ask us to provide with more information about our business,
  • including job opportunities, our products and services, you provide your consent to us to process
  • information that may be personal information
  • Wherever possible, we aim to obtain your explicit consent to process this information, for example by asking you to agree to our use of cookies.
  • Sometimes you might give your consent implicitly, such as when you send us a message by email to which you would reasonably expect us to reply
  • You may also provide consent to have your data used in order to receive information such as our newsletter, if available.
  • Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally.
  • We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists.
  • You may withdraw your consent at any time by instructing us at [email protected]

Information we process because we have a legal obligation:

We may be required to give information to legal authorities if they so request and subject to the correct authorisation

We also may be required to process your data in order to comply with common or statutory law

What we do with the information:

  • verify your identity for security purposes
  • process financial transaction
  • sell products to you
  • provide you with our services
  • keep our website safe and secure

If there are any regulatory requirements to process your personal data whilst carrying out any of the above, we are obliged to do so.

We may share your personal data with selected business associates, suppliers and contractors to provide you with our services. For example, these business partners may include our web hosting provider and our IT Cloud service providers.

​In the event that we buy or sell any business or assets, it may be necessary to disclose personal data to the prospective buyer or seller

How long we hold your information:

We keep your information for no longer than it is required or allowed.  For information on the time periods your data is held for please contact us on [email protected]

Data Transfers:

In some circumstances it may be necessary for us to transfer your data outside the European Economic Area (EEA). We will only transfer data to receivers that are in countries approved by the EU Commission, or where there are the appropriate safeguards in place to protect your personal data.  For further information on these appropriate safeguards, please email [email protected]

Security:

There are appropriate security measures in place to protect your data in the event of being accidentally lost or accessed without authorisation including;

  • Your data is also limited to only the necessary parties that need to process your data for business purposes.
  • Using secure servers to store your information
  • Verifying the identity of any individual who requests access to information prior to granting them access to information
  • Using secure sockets layer (SSL) software to encrypt any payment transactions you make on or via our website;
  • Using encryption to secure personal data
  • Only transferring your information via closed system or encrypted data transfers*

*transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.

We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.

Your data protection rights:

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask us for copies of your personal information
  • Your right to rectification – You have the right to ask us to rectify information you think is inaccurate.  You also have the right to ask us to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances
  • Your right to object – You have the right to ask us to stop processing your personal data for profiling or direct marketing
  • Your right to restriction of processing – You have the right to object to the processing of your personal data in certain circumstances
  • Your right to data portability – You have the right to ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

Please contact us at [email protected] if you wish to make a request.

How we verify your identity:

Where we possess appropriate information about you on file, we will attempt to verify your identity using that information. If it is not possible to identify you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.

Changes to our Privacy Policy:

Where we make changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.

How to complain:

You can also complain to the Data Protection Commission if you are unhappy with how we have used your data.

The Data Protection Commission address:

21 Fitzwilliam Square South

Dublin 2

D02 RD28