Terms of service

Any purchase of goods and services is conditional on the buyer’s acceptance of these terms and conditions.

The Supplier is: Performance In People Ltd

Address: The Observatory, Westridge Business Park, Ryde, Isle of Wight PO33 1FX

Email: enquiries@performanceinpeople.co.uk

Telephone: 01983 568080

The buyer confirms that it is buying as or on behalf of the selected Specsavers store(s) and gives permission to The Supplier to undertake the purchased mystery shopping activity.

All prices quoted are in GBP are exclusive of VAT charged at the prevailing rate at the date of purchase

The Supplier shall perform the purchased mystery shopping services with reasonable care and skill, in accordance with all laws and regulations applicable to the purchased services

Once the buyer has completed the purchase, The Supplier will commence with the logistics associated with the preparation of the mystery shopping activity therefore any request for cancellation does not entitle the buyer to any refund of the purchase costs.

The Supplier will use its best endeavours to deliver the purchased services within the time frames set out at the point of purchase. Any delay in the delivery of services will not entitle the buyer to terminate the order unless the delay exceeds 30 days from the time frames set out at the point of purchase. This does not include any delays caused by The Supplier not being able to book appointments.

The findings of the mystery shopping as well as other confidential matters shared between the parties shall be treated as confidential and shall be restricted to being shared with the buyer and the Specsavers Group.

The outputs for the purchased mystery shopping services will be uploaded onto the supplier’s secure online portal https://www.pipsecure.co.uk/. The login information for each Specsavers Store as provided to The Supplier by the Specsavers Group will be provided to the nominated representatives for each store.

Each party will only use Confidential Information to perform its obligations under this purchase agreement and will not cause or allow the information to be disclosed except:

  1. Where required by law, court order or any governmental or regulatory body
  2. To any of its employees, officers, sub contractors, representatives or advisers who need to know the information in order to discharge its obligations and agree only to use the information for that purpose and not to cause or allow disclosure of that information
  3. Where the information has become generally available to the public (other than as a result of disclosure in breach of confidentiality by the party or any of its employees, officers, sub contractors, representatives or advisers)
  4. Where the information was available or known to it on a non-confidential basis before being disclosed under this Agreement or
  5. Where the information was developed by or for it independently of this Agreement and is received by persons who are not the disclosing party
  6. When written consent to allow the disclosure of specific confidential information has been granted by the other party

Intellectual Property (IP)

All video and data recordings collected as part of the mystery shopping programme remain the IP of the buyer and the Specsavers Group

The Behavioural Measurement Score® (BMS®) and its supporting materials are acknowledged as the creation, IP and ownership of The Supplier and protected under copyright law. The Supplier grants the rights for the buyer to use BMS® and its supporting materials for a period of 12 months from the delivery of the mystery shopping output and thereafter only at the absolute discretion of The Supplier

Data Protection

The Supplier agrees that when supplying the proposed services to the buyer, The Supplier may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.

The purpose of Collection and Processing of the Personal Data by the Supplier is for the delivery of the purchased services.

The Supplier shall not disclose Personal Data to any third parties without the Buyer or the Specsavers Group’s prior written consent, except as required by law or permitted by this Processing Agreement.

The parties agree that where such processing of personal data takes place, the Buyer and the Specsavers Group shall be the 'data controller' and The Supplier shall be the 'data processor' as defined in the General Data Protection Regulation;

For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the General Data Protection

The subject matter for the purpose of General Data Protection Regulation has been defined under the provision of services to the Data Controller;

The Supplier will process the Client’s Personal Data for the purpose of providing the proposed services to the Data Controller in accordance with the terms of this Agreement.

The Supplier will be processing a range of data for the Buyer, including: video footage of employees, first name, surname, telephone number;

The Supplier shall only Process Personal Data to the extent reasonably required to enable it to supply the purchased services or as requested by and agreed with the Buyer or the Specsavers Group upon the their written instruction as the Data Controller;

The Supplier shall not retain any Personal Data longer than a period of 12 months, and general reporting data for no longer than 60 months unless an alternate time frame is agreed with the Buyer or the Specsavers Group;

The Supplier will ensure that all appointed employees and sub processors authorised by the Supplier to Process the Personal Data are subject to a duty of confidence and The Supplier will ensure that sub processing contractual agreements are in place and sufficient background checks are undertaken;

 

Data Retention

The ‘General Data Protection Regulation’(GDPR) is intended to strengthen and unify data protection for all individuals within the European Union. The Supplier has data retention periods set for all our videos, calls, images, reports etc

To minimise data that we keep on behalf of the buyer, we have in the place the following default retention periods. Please note that when material is removed from the website it is also permanently deleted from our systems

Default Retention Online (Website)

Video Mystery Shopping (VMS and CVS) - 6 Months

Telephone Mystery Shopping - 6 Months

Email Mystery Shopping - 6 Months

Report based Mystery Shopping - 6 Months

Audio Mystery Shopping - 6 Months

Audits - 6 Months

Pilots - 36 Months

Compilations - 36 Months

Reporting on all of the above - 60 Months