Bashir Mraish Consultancy (BMC) respects your privacy and is committed to protecting it through our compliance with this policy and any applicable laws when you use this website (“Site”).
BMC offers various services (“Services”) to provide businesses and individuals access to resources, including without limitation training courses, webinars, downloadable content, a forum, a blog, user-generated content and personalized content.
This policy may change from time to time. Your continued use of the Site or Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Information We Collect About You and How We Collect It.
We collect several types of information from and about users of our Site and Services, including information:
• By which you may be personally identified, such as name, postal address, email address, or telephone number (“personal information”)
• That is about you but individually does not identify you, such as your company name and job title; and/or
• About your Internet connection, the equipment you use to access our Site, and usage details.
Under GDPR, BMC collects Personal Data from Data Subjects from inside the website, and Personal Data is considered to be broader and to include more categories of information than how we generally refer to “personal information” in this policy. We will be specific when we are discussing GDPR and activities we undertake related to Personal Data under GDPR.
We collect this information:
– Directly from you when you provide it to us.
Automatically as you use the Site using cookies and other tracking technologies described and discussed with more detail below. Information collected automatically may include usage details, email address, IP addresses, and information collected through cookies and other tracking technologies.
– From third parties, for example, our business partners and third-party service providers who we believe in good faith are providing or sharing with us data in compliance with applicable laws or with whom you have authorized either these third parties or us or both to collect and use the data.
Information You Provide to Us
The information we collect on or through our Site or Services may include:
– Information that you provide by filling in forms on our Site. This includes without limitation information provided at the time of subscribing to the Services, and when you report a problem with our Site.
– Records and copies of your correspondence (including email addresses), if you contact us.
– Details of transactions you carry out through our Site and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Site.
Your search queries on the Site.
You also may provide information to be published, displayed, or transmitted (hereinafter “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “Interactive Content”). Your Interactive Content is posted on and transmitted to others at your own risk; we cannot control the actions of other users of the Site with whom you may choose to share your Interactive Content. Therefore, we cannot and do not guarantee that Interactive Content will not be viewed by unauthorized persons.
Usage Details, IP Addresses, Cookies, and Other Technologies
As you navigate through and interact with our Site and Services, we may automatically collect certain information about your equipment, browsing actions, and patterns, including without limitation:
Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
Information about your computer and Internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and does not identify any individual*. It helps us to improve our Site and Services and to deliver better and more personalized future services by enabling us to do things such as:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Site according to your individual interests.
• Speed up user searches.
• Recognize you when you return to our Site.
• Provide better services in the future.
The information referred to above may still constitute Personal Data under GDPR even though more generally BMC does not try to identify any individuals beyond recognizing them when they return to the Site in order to provide and/or to enhance the experience described in 2. to 5. above; however, to the extent this information is not anonymized or pseudonymized to the extent that it no longer qualifies as Personal Data, BMC will comply with GDPR with respect to Processing any such Personal Data
The technologies we use for this automatic data collection may include:
• Web beacons. Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us. However, to the extent the information we collect by automatic means constitutes Personal Data under GDPR either before or after we collect it, our processing of that Personal Data will comply with GDPR.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
• To present our Site and their content to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your subscriptions to the Services, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Site or any products or services we offer or provide through it.
• To allow you to participate in interactive features on our Site.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
Disclosure of Your Information
We may collect and disclose anonymous and aggregated information about our users and subscribers, and other information that does not identify any individual without restriction for the purposes of product research, to improve our Services and for other commercial purposes.
– We share your personal information with trusted third parties who are our technology suppliers and partners. BMC is committed to working with suppliers and partners who comply with similar and equally protective undertakings of privacy and confidentiality.
– We share your personal information with third parties who perform functions on our behalf and who also provide services to us, such as professional advisors, IT consultants carrying out testing and development work on our business technology systems, including software systems for customer relationship management, customer service and support solutions, email campaign marketing. These third parties comply with similar and equally protective undertakings of privacy and confidentiality.
– As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or merges with us, your personal information will be disclosed to such entity. Also, should any bankruptcy or reorganization proceeding ever be brought by or against us, all such information will be considered an asset of ours and as such it is possible they will be sold or transferred to third parties.
– To fulfill the purpose for which you provide it.
– For any other purpose disclosed by us when you provide the information With your consent.
When we share Personal Data under GDPR with our partners, we will do so pursuant to GDPR appropriate Data Processing Addendum or Data Sharing Agreements as appropriate given the nature of the parties’ respective roles under GDPR (i.e. Data Controllers to Data Processors versus co-Data Controllers).
We may also disclose your personal information:
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BMC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Accessing and Correcting Your Information
You can review your personal information by logging into the Site and visiting your account profile page.
You may also send us an email to request access to, correct, or delete any personal information that you have provided to us. In some cases, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your Interactive Content from the Site, copies of your Interactive Content may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Site. Proper access and use of information provided on the Site, including Interactive Content, is governed by our Terms & Conditions.
The right to be informed
The right of access
This is so you are aware and can check that we are using your information in accordance with GDPR or any other applicable data protection laws.
HOW TO EXERCISE YOUR RIGHT: If you have questions specific to your personal information/Personal Data and how BMC is using it in accordance with GDPR or other applicable laws, please direct your communication to (‘BMC Accounting’ <email@example.com> ) and please be specific and detailed about your questions and BMC will promptly address those questions.
The right to rectification
You are entitled to have your information corrected if it is inaccurate or incomplete.
HOW TO EXERCISE YOUR RIGHT: If you believe your personal information/Personal Data processed by BMC is incorrect and needs to be updated or otherwise corrected, please check your settings with respect to your account, and if you still believe your Personal Data is inaccurate, direct your communication to ‘BMC Accounting’ <firstname.lastname@example.org>
The right to data portability
You have rights to obtain and reuse your personal information/Personal Data for your own purposes across different services. For example, if you decide to switch to a new provider of services like the Services from BMC that you subscribed to, this enables you to move, copy, or transfer your personal information/Personal Data easily between our IT systems and theirs safely and securely, without affecting its usability.
HOW TO EXERCISE YOUR RIGHT: If you want BMC to export your personal information/Personal Data for portability, please direct your communication to ‘BMC Accounting’ <email@example.com>
(NOTE: BMC will retain and continue to process your personal information/Personal Data unless you also request to be forgotten or request restricted or blocked processing.)
The right to lodge a complaint
You have the right to lodge a complaint about the way we handle or process your personal information/Personal Data with your national data protection regulator. However, we hope you will contact BMC first (‘BMC Accounting’ <firstname.lastname@example.org> ) so BMC can try to address your complaint directly.
HOW TO EXERCISE YOUR RIGHT: If you want to lodge a complaint with BMC, please direct your communication to ‘BMC Accounting’ <email@example.com>
BMC’s Retention of Personal Data Under GDPR and Other Applicable Laws.
We only retain your personal information/Personal Data for as long as is necessary for us to use your information as described above or to comply with our legal obligations and legitimate interests. Please be advised that this means that we may retain some of your personal information/Personal Data after you cease to use our Services. For instance, we may retain your data as necessary to meet our legal obligations, such as for tax and accounting purposes.
When determining the relevant period in which we retain or establish/revise periods for retaining personal information/Personal Data, we will take the following factors into account:
• Our contractual obligations and rights in relation to the information involved;
• Legal obligation(s) under applicable law to retain data for a certain period of time or with respect to pending or anticipated legal actions;
• Our legitimate interest where we weigh your interest in controlling your Personal Data and against our lawful purpose in processing your Personal Data;
• Statutes of limitations under applicable law(s);
• If you have made a request to have your information deleted; and
• Guidelines issued by relevant data protection authorities.
Otherwise, pursuant to GDPR, we will securely erase your personal information/Personal Data once there is no lawful basis or legal obligation to store or process it.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information generally and in compliance with applicable laws, we cannot guarantee the security of your personal information transmitted to our Site or via our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or via the Services.
If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity then, “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions. BMC (as defined in Section 8.1 below) and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation, whether printed are available online, provided by BMC in relation with the training (“Training Material”).
BMC reserves the right to review and update these Terms & conditions periodically at its sole discretion.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING BMC TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1.1. Standard training. Standard Face-to-face training and e-learning courses can be booked via the booking forms available on the BMC website. When you submit a booking for an online course, your submission represents an offer to BMC to book you onto the course you selected. On submission of the face-to-face training course or e-learning course form you will receive an automated summary email of your selection. BMC will accept your offer by entering your booking onto the BMC system and sending you an email confirming that you have been booked together with information on starting your learning
1.2. Custom Training. Custom training engagements can also be contracted through the BMC website in the form of a Statement of Work document as described and governed by BMC’s Customer Agreement.
Training fees can be paid at the point of booking via PayPal’s secure online payment process if you are located in the Hashemite kingdom of Jordan or abroad. Otherwise they can be paid by check or bank account transfer. In all cases, payment must be received prior to start of training. If you elect to pay the fees via PayPal, all major credit and debit cards are accepted. A receipt will be sent to you by email from PayPal confirming payment. PayPal will receive the information needed to verify and authorise your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorise payment, your application will be deemed void. BMC will not accept any liability for costs incurred as a result of applications deemed void in this manner.
Sales taxes or any kind of taxes will be added if needed or if any.
3. YOUR OBLIGATIONS
You may not allow anyone else to access the e-training courses via your log-in details. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which the training courses are provided. Coveo reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by Coveo or its trainers. In these circumstances, Coveo will neither refund any fees nor reimburse any other costs.
4. LIMITATION OF LIABILITY
BMC does not accept responsibility for anyone acting as a result of the information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of BMC. Participants should take professional advice when dealing with specific situations.
Should a participant require an invitation letter from BMC, we are able to provide this as long as full payment of the training course fee has been received. BMC is not able to act on behalf of the participant and is not responsible for any costs incurred by failure to obtain a full visa.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BMC SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BMC’s AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BMC FOR THE TRAINING GIVING RAISE TO A CLAIM.
5. WARRANTY AND DISCLAIMER
BMC ensures that all our training services are delivered diligently and in a good, workmanlike, timely, and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. BMC shall provide such trainers to present the training course as it, in its sole discretion, deems fit and BMC shall be entitled at any time to substitute any trainer with any other person who, in BMC’s sole discretion, it deems suitably qualified to present the relevant course.
BMC does not warrant that the provision of any content online will always be available or be uninterrupted, timely, or error-free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors, and omissions.
Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers, and employees from and against any demands, damages, or liabilities including reasonable attorney’s fees) arising from a third party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.
7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
All Training Material is owned by BMC. All intellectual property rights in all Training Materials available, including the design, graphics, and text of all printed materials are owned by BMC. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable license to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed, or linked to in any way, in whole or in part, without BMC’s prior permission. Any such use is strictly prohibited and will constitute an infringement of BMC’s intellectual property rights.
To provide a continuous check on the consistency and quality of training delivery, all students will receive a follow-up email at the end of each class asking them to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.
8. CANCELLATION AND TRANSFER
8.1. Cancellation by customer.
8.1.1 Face to Face. If you notify BMC in writing (by email or post) that you wish to cancel a face-to- face training course not less than 28 days before the start date of a course, you will be entitled to a 50% refund. Refunds will be processed within 28 days of receiving your request via bank transfer to the original payer. If the reason you need to cancel a face-to-face training course is because you have been declined a visa, we can issue a full refund as long as you have proof that your visa has been declined and you give us at least 28 days’ notice. If you withdraw for any reason less than 28 days before the start date of a course, no refund will be issued but you may transfer your place on the course to a substitute. Substitutions should be notified to BMC at least 48 hours prior to the course start date. If you fail to attend the course on which you are booked without giving prior notice to BMC, we are unable to refund the course fees or offer a transfer.
8.1.2 E-Learning. Once you have booked an e-learning course or package the fee is non- refundable. If you cancel any e-learning course or package you will not be entitled to any refund. There is no charge for transferring your booking to the same course on an alternative date provided you notify BMC in writing not less than 10 days before the start of the training and if there is availability. However, a transfer fee of 20% of the course fee (plus VAT) will be payable if the notice is received less than ten (10) days before the start of the original course. If you transfer your booking you will not receive any refund, and you will not be entitled to transfer more than once.
You must make any request to transfer a course in writing, which may be sent by email to: firstname.lastname@example.org
8.2. Cancellation by BMC reserves the right to cancel any training course due to insufficient enrollment by providing notice to you at least 7 calendar days prior to schedule commencement date. In the event of cancellation by BMC, you may elect to receive a full refund of registration fees paid or credit toward alternative class(es). Nevertheless, BMC will not be responsible for non-refundable tickets purchased or reservations made by you. If a training class is cancelled by BMC due to any Force Majeure Event as defined in Section 10.5, the Customer is entitled to a full class credit which must be used within 3 months of the date of the original class for another class offered by BMC.
Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information, or any information specifically designated as confidential or that could be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”) Any BMC technology, any commercial terms (including pricing) of these Terms &Conditions and any performance information relating to the products shall be deemed Confidential Information of BMC without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms & Condiitons unless authorized by the Disclosing Party. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
10.1. Who you are contracting with, notices, governing law, and venue. Who you are contracting with under these Terms & Conditions, who you should direct notices to under these Terms & Conditions, what law will apply in any lawsuit arising out of or in connection with these Terms & Conditions.
10.2. Dispute resolution: arbitration. In the event of any controversy or claim arising out of or relating to these Terms & Conditions, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to these Terms & Conditions shall proceed to binding arbitration under the Rules of Jordanian courtes. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in the city where the courts have jurisdiction under the table set forth in Section 10.1. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be Arabic.
10.4 Force majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency each a Force Majeure Event.
10.5 Entire Agreement and severability. This Agreement is the entire agreement between you and BMC relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.