Policies, Terms & Conditions

About Fulcrium Ltd

Fulcrium Limited is an English company (Company No. 06517436) whose registered office is at Forum House, Second Floor, 34 Lime Street, London EC3M 7AT (“we”, “us”, “our”).

We are mindful of the importance of upholding the security of information under our control. All data collected through the fulcrium.com website (the “Site”) is stored on secure servers, and we have stringent security and confidentiality procedures covering the storage and disclosure of such information, in accordance with the Data Protection Act 1988 (the “Act”). The following Policy sets out the basis on which personal information collected during your use of the Site will be processed by us. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.

We endeavour to take all reasonable steps to protect the privacy of your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing the information over the Internet, and will not hold us responsible for any breach of security, unless this is due to our negligence or wilful default. Your use of the Site signifies that you have given us your consent to transfer, store and process your personal data and your agreement to the terms of this Policy.

Information we may collect about you

We may collect and process personal information when you fill in a form on the Site, when you contact us or when you provide us with information during email and telephone consultations. This includes without limitation information provided at the time of registering to the Site, submitting your data to us and if you report a problem with the Site. We may also collect information regarding details of visits to our Site and the resources that you access. Any personal information we collect will be used by us strictly in accordance with current data protection legislation and this Policy. We will store the information we collect from you and hold it electronically or otherwise.

Cookies

A cookie is a small text file that is sent to your computer via your web browser when you visit some websites. We use cookies to keep track of your information during the time you view our Site. Cookies also allow us to understand who has seen which pages, helping us improve the Site and provide you with a better service.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the placement of cookies. Refusing cookies may mean that you will be unable to access certain parts of our Site.

Call monitoring

To ensure the quality of our services, training, compliance and other lawful purposes, you are advised that we may monitor or record telephone and virtual calls you make to us or we make to you.  

Use of your personal information

We may use your personal information to provide you with information or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes; for the purpose of informing you of changes in features to the Site; administration of the Site; and our own promotional activities. We may contact you by post, telephone, email or other electronic messages (depending on the information we collect from you).

We do not disclose information about identifiable individuals to third parties or advertisers, but we may provide them with aggregate information about our users for marketing, promotional and other purposes. We may also use aggregate information to help advertisers reach the kind of audience they want to target.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.

Your rights

You have the right to ask us not to process your personal data. You can exercise your right to prevent such processing by contacting us at the address in the “Contact Us” section below.

You also have the right to see the personal data (as defined in the Act) that we keep about you, on receipt of a written request, verification of your identity, and payment of a fee of £10. If you are concerned that any of the information we hold on you is incorrect or if you wish to object to the use we have made of your personal data, please contact us at the address in the “Contact Us” section below.

Changes to our Policies

We may modify our policies from time to time at our sole discretion. If so, we will post a revised version of policies on this webpage. We urge you to check the Policies regularly to obtain the most up to date copy. Modifications will be effective when they are posted on the Site.

Other websites

Please note that this Policy only covers the Site. Any other website which is linked to or from this Site will have their own policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Governing Law and Jurisdiction, Fulcrium Ltd Terms & Conditions

Policies and contracts shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with Fulcrium’s data, services, contracts and policies.

Fulcrium Ltd Terms & Conditions shall apply for all client engagements.

By purchasing services from Fulcrium Ltd you agree to our Policies and Terms and Conditions.

Please note benchmarking data accessed is for SOLE personal use. You cannot sell or pass on this data, and the benchmarking data licence is non-transferable.

Delegates attending Fulcrium training programmes or coaching sessions are expected to switch off their mobile phones (or turn on to silence) during sessions, lectures and workshops. Normal rules of confidentiality apply to all of the courses therefore recording of the sessions, lectures and workshops is not permitted. 

Copyright and Intellectual Property Rights

Fulcrium Limited retains copyright of all benchmarking data, frameworks, training materials and programme design. Delegates are given permission to photocopy handouts and worksheets strictly for individual personal use only. Material and manuals are not licenced for sharing, distribution, electronic distribution or re-sale or for teaching our programmes or for coaching other individuals.

The Information (including any information, data or other materials made available to you), and all designs, text and graphics on the Site and the selection or arrangement thereof, along with all software and databases forming part of the Site and/or provided by Fulcrium Ltd (together, the “Materials”) are owned by and are confidential to Fulcrium Ltd or its licensors, and are protected by copyright, database rights and other intellectual property rights throughout the world.

All copyright, database rights and other intellectual property rights in the Materials are and shall remain vested in Fulcrium Ltd, and except as expressly provided or granted to you or the Client by Fulcrium Ltd pursuant to a Benchmarking Engagement Agreement or otherwise, you or the Client will not acquire any right, title or interest in or to the Materials and no such rights are or shall be implied.

Where any of the Materials contain or have affixed to them trademarks, trade names, notices or other proprietary marks of Fulcrium Ltd, you may not alter, obscure, remove, interfere with or add to any of the said trademarks, trade names, notices or proprietary markings.

You may be held responsible for any infringement of Fulcrium Ltd’s intellectual property rights that arise out of or are connected with your granting any unauthorised user access to any of Fulcrium’s Material.

For all other Materials made available on this Site or made available to you, you may view, download and print such Materials for your own personal and private use provided that they are not altered or changed in any way and are not used, in whole or in part, in any other publication, in whatever medium. Otherwise, the Materials on this Site or provided to you may not be stored, copied, reproduced, transmitted or otherwise made available on any network or in any other medium, in whole or in part, without the prior written consent of Fulcrium Ltd.

Limitation of Liability

Nothing in these Conditions of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this website or any content on it, whether express or implied.

Subject to the provisions above, Fulcrium Ltd will not be liable for the following types of loss or damage from claims arising out of or relating to these Conditions of use, howsoever caused and whether such claims are based on negligence, breach of contract, strict liability, breach of statutory duty or otherwise:

(a) loss of profits, business, contracts, revenue, goodwill or anticipated savings (whether such loss is direct or indirect, foreseeable or otherwise); or
(b) indirect or consequential loss.

You cannot use any Fulcrium data, information or Service without Fulcrium Ltd’s explicit written consent:

• as a reference point in any contract with a third party;
• in any data, product or service provided to a third party;
• to enable third parties to obtain the benefits of any Fulcrium data or services without payment of the appropriate licence fee;
• to develop, create, improve or commercialise any product or other services.

If we do grant you written permission to publish the information, you must specify Fulcrium Ltd as being the source of the data, information or service and include in any materials shared with any third party in accordance with this agreement, appropriate disclaimers to protect Fulcrium Ltd, which shall address, at minimum, the following concepts:

• the data is provided “as is” without warranty of any kind;
• there is no responsibility or liability to any third party with respect to its use; and
• Fulcrium Ltd has neither verified nor endorses any outputs contained herein based on your assumptions or any other third-party information or data.

Contact Us

If you have any queries in connection with our policies and terms, please email enquiries@fulcrium.com.

Benchmarking credits, units, utilisation, access, specialisms and formats

Fulcrium Ltd Terms & Conditions shall apply for all client engagements.

Clients may request Fulcrium (by phone, in person or email) to modify, amend, augment, consolidate or alter the format, content, delivery method and benchmarking specialisms including but not limited to steps in benchmarking methodology, data, graphs, reports, workshops, training, advisory calls, etc or timing of any deliverables. At its sole discretion, Fulcrium may agree to that request. If additional charges and costs arise, then they will be invoiced to clients accordingly.

Right to suspend or revoke access

We may suspend access to our benchmarking services or otherwise cease supplying our services and data without notice if in our reasonable opinion, any act or omission by clients in relation to their use of our services and data is considered likely to bring Fulcrium into disrepute or the reputation or the integrity of our services and data.

Disclaimer

Whilst reasonable care is taken with providing benchmark data and / or services, Fulcrium does not warrant the quality, accuracy, completeness or timeliness of the data and / or services.  The data and services are provided “as is”, without warranty or guarantee of any kind, express or implied as to the accuracy, completeness, acceptable quality or fitness for a particular purpose.

Information provided on this site is for reference only and is subject to change, or may be out-of-date. Actual products or services may vary. Fulcrium assumes no liability for inaccuracies or for missing or outdated information.

Photo and Video Release

We may capture photos and videos for promotional and marketing purposes. Your participation in any events or activity or benchmarking or training indicates consent for your image and/or video to be used in these materials.

Testimonials Release

We may incorporate testimonials and commendations you send to us, into promotional and marketing material and purposes. Your participation in any events or activity or benchmarking or training indicates consent for testimonials and commendations to be used in these materials.

Modern slavery and human trafficking statement 

Modern slavery is the recruitment, movement, harbouring or receiving of children, women or men through the use of force, coercion, abuse of vulnerability, deception or other means for the purpose of exploitation.

Individuals may be trafficked into, out of, or within the UK. They may be trafficked for a number of reasons, including sexual exploitation, forced labour, domestic servitude and organ harvesting.

The Modern Slavery Act 2015 introduced changes in UK law which focus on increasing transparency in supply chains.

Fulcrium is committed to improving our practices to combat slavery and human trafficking.  We are committed to ensuring there is no modern slavery or human trafficking in any part of our business and in so far as is possible, to requiring our suppliers have a similar ethos.

Fulcrium will:

• Comply with legislation and regulatory requirements in this area
• Make suppliers and service providers aware that we promote the requirements of this legislation
• Develop awareness of modern slavery issues throughout Fulcrium
• Encourage suppliers and contractors to take their own actions and understand their obligations under this legislation