Legal Stuff

Coaching Agreement

This page of information is the basis of our Coaching Agreement. Please email Rachel@smallbusinessmarketingcoach.net with any additional comments you’d add or any amends you’d suggest within 5 working days of signing up for your session and/or program otherwise we will use this as our Coaching Agreement. Please read very carefully and note policy relating to ‘no show’ and to ‘cancellation’ in particular as they may affect you financially. If you’d like a written copy I will email to you on request prior to the start of our program commencement.

A program is deemed to have commenced at the beginning of the initial free assessment.

What happens in a Free Assessment

A Free Assessment works for both of us as a way to consider if coaching will be the right way to get to grips with a priority you have in your business, your marketing or your career. We agree a time and date and I invite you to a Zoom meeting (either directly or via a calendar app). There is no charge and no obligation to take up any paid for session, program or product. Either party can decide not to take the coaching any further though coaching will have been deemed to have commenced by the coachee taking up the free assessment offer.

What if I forget about a meeting?

A meeting could be a free assessment or a paid for session. Here is what happens for a ‘no show’ situation.

I will sign on to Zoom at the allotted time and I wait up to 3 minutes for my invitee to connect. I try to make contact by email or phone and if I can’t get in touch and you have not joined the meeting, I reserve the right to close down the meeting. Unless the meeting has been rescheduled prior to the start time allotted I take it that my invitee does not wish to participate in the agreed meeting.

If it is a free assessment, I keep details on my mailing list so I will get in touch from time to time – however the free assessment will usually not be available another time as these slots are limited in number, so when you don’t show, you cost someone else a place.

However, if it is a paid for session, there will be a charge made for the agreed session – see ‘Cancellation Policy’ below for details.

Coaching and Mentoring* – Ground Rules

Confidentiality

What happens within our Coaching and Mentoring relationship stays within our Coaching and Mentoring Relationship. This works both ways and mutual trust is really important on both sides. Let’s keep everything confidential. Meetings use (and may be recorded using) the ZOOM app. Small Business Marketing Coach and associated companies cannot be held responsible for this or other apps we use.

Any recordings made will be used to improve the outcome for the client involved only. If you’d like to request a copy of a recording please email: Rachel@SmallBusinessMarketingCoach.net. Please note that not all meetings are recorded but those that are are stored offline in a password protected environment.

Please see paragraph below for exceptional circumstances when this would not apply for ethical reasons, and it is not based on any judgement of an individual, it is purely good practice just to be clear.

Confidentiality Exceptional Circumstances

A coach is in a position where sometimes people show a need for additional professional help. An example may be the need to refer the coachee to a different sort of professional like a counsellor and that would be done in partnership with the coachee.

However, if the coach feels that the coachee is in danger, or a danger to themselves or others, then the coach reserves the right to take appropriate action without reference to the coachee – which includes but is not limited to alerting emergency services if necessary.

This is two-way learning commitment

All coaching and mentoring sessions should be a place of learning for both parties – so bring it on! It is a commitment and programs or sessions must be paid for prior to the session(s) booked are taken – upfront for the programs which include a discount.

Each of us may have a commitment to homework to complete within an agreed timescale – or one suggested by the coach at a session or in the wrap up email. Homework needs to be done to progress to the next session and if you bump your session because you haven’t completed the tasks agreed, it may be a while before we can reschedule. It is fine to renegotiate the timescale – but please do agree a new deadline in plenty of time before your next session or contact the coach to say it will not be done within the timescale for the next session as slots get booked up. You may be charged for a meeting which you miss but have not rescheduled.

Timings

For programs, I offer one 30 minute complimentary set up session (unless a free assessment has already taken place) to agree top priorities and answer any questions before the paid for sessions begin. This will be done via an online meeting/webinar system – preferably Zoom.

Then we will set up the agreed number of virtual face to face meetings depending on the program.

Within a number of specified days of a program ending (see your program description) I offer a complementary review meeting of up to 30 mins to find out how things are going, what has – or hasn’t – worked and next steps which may or may not include extending the coaching arrangement.

Coaching Models

I use a variety of techniques and coaching models, customised with your requirements at front of mind. We will agree your priorities to be tackled during the sessions. We are able to be flexible, and sometimes priorities alter, so tell me if things change.

Termination

My ultimate objective is to find a way to help you through a process to meet an agreed objective and this can sometimes be tough. If you decide, or even just get a gut feeling, that we are not in the right direction, let’s explore why that might be. If we can get things back on track that will be ideal, but if we can’t put things right then sessions can be terminated by either party with written notice of not less than 6 days before the next scheduled session.

Cancellation Policy

There will be a charge for a session which is not taken, made to the client, if cancelled not less than 6 days before the session (or otherwise by the coach’s prior agreement), or in the case of a ‘no show’.

If the coachee terminates then the set up session/free assessment will still be free – that one is on me – but if you are taking a program involving more than one ‘paid for’ session, any package charge will be recalculated based on how many sessions have been taken and how many are still due. If the coach terminates, a charge will be made only for the paid for sessions the client has taken and will include the program discount if applicable. Please ask for worked example if required.

Evaluation and Feedback
To make sure we are not barking up the wrong tree we will evaluate the work we do to make sure both of us are benefiting from the time we spend together and on our individual homework and if we are to identify how that is working – what to continue doing. If it isn’t working what can we do about it – what to improve, to start or to stop. I will send out a suitable form at appropriate points to help me develop the sessions for you and for future coachees too and your help is be much appreciated.

*To avoid any confusion, if I have used Coach and Coachee when it relates to mentoring too (rather than using Mentor and Mentoree all the time too as it would get very boring!)

Happy?

Coaching should be challenging, but not miserable! So please do tell me if anything makes you uncomfortable as that is not the intention.

Privacy policy

This privacy policy applies between you, the User of this Website and Pinecroft Holdings Ltd (t/as the Small Business Marketing Coach), the owner and provider of this Website. Pinecroft Holdings Ltd takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: https://smallbusinessmarketingcoach.net/small-business-marketing-coach-legal-stuff/.

Please read this privacy policy carefully.

Definitions and interpretation

1. In this privacy policy, the following definitions are used:

Data: collectively all information that you submit to Pinecroft Holdings Ltd via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

Cookies: a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);

Data Protection Laws: any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;

GDPR: the General Data Protection Regulation (EU) 2016/679;

Pinecroft Holdings Ltd, we or us: Pinecroft Holdings Ltd, a company incorporated in England and Wales with registered number 11599773 whose registered office is at Pinecroft, Main St. Walton, Wetherby, West Yorkshire, LS23 7DJ;

UK and EU Cookie Law: the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

User or you: any third party that accesses the Website and is not either (i) employed by Pinecroft Holdings Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Pinecroft Holdings Ltd and accessing the Website in connection with the provision of such services; and

Website: the website that you are currently using, haps://smallbusinessmarketingcoachned, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. In this privacy policy, unless the context requires a different interpretation:

a. the singular includes the plural and vice versa;

b. references to sub-dauses, clauses, schedules or appendices are to sub-clauses, dauses, schedules or appendices of this privacy policy;

c. a reference to a person includes firms, companies, government entities, trusts and partnerships;

d. “including” is understood to mean “induding without limitation”;

e. reference to any statutory provision includes any modification or amendment of it;

f. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

3. This privacy policy applies only to the actions of Pinecroft Holdings Ltd and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

4. For purposes of the applicable Data Protection Laws, Pinecroft Holdings Ltd is the “data controller”. This means that Pinecroft Holdings Ltd determines the purposes for which, and the manner in which, your Data is processed.

Data collected

5. We may collect the following Data, which includes personal Data, from you:

a. name;

b. job title;

c. profession;

d. contact Information such as email addresses and telephone numbers;

e. IP address (automatically collected);

f. Information about your needs for instance (but not limited to) coaching and mentoring requirements.;

in each case, in accordance with this privacy policy.

How we collect Data

6. We collect Data in the following ways:

a. data is given to us by you;

b. data is received from other sources; and

c. data is collected automatically.

Data that is given to us by you

7. Pinecroft Holdings Ltd will collect your Data in a number of ways, for example:

a. when you contact us through the Website, by telephone, post, e-mail or through any other means;

b. when you register with us and set up an account to receive our products/services;

c. when you make payments to us, through this Website or otherwise;

d. when you elect to receive marketing communications from us;

e. when you use our services;

in each case, in accordance with this privacy policy.

Data that is received from publicly available third parties sources

8. We will receive Data about you from the following publicly available third party sources:

a. Social Media Analytics;

Data that is collected automatically

9. To the extent that you access the Website, we will collect your Data automatically, for example:

a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content

b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.

Our use of Data

10. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

a. internal record keeping;

b. improvement of our products / services;

c. transmission by email of marketing materials that may be of interest to you;

in each case, in accordance with this privacy policy.

11. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).

12. For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in:

a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out

b. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.

c. if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.

13. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Who we share Data with

14. We may share your Data with the following groups of people for the following reasons:

a. relevant authorities – to facilitate referral to an alternative professional or an emergency service if client is deemed to be at risk of harming themselves or someone else.;

in each case, in accordance with this privacy policy.

Keeping Data secure

15. We will use technical and organisational measures to safeguard your Data, for example:

a. access to your account is controlled by a password and a user name that is unique to you.

b. we store your Data on secure servers.

16. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: rachel@smallbusinessmarketingcoach.net.

17. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

18. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

19. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

20. You have the following rights in relation to your Data:

a. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive:’ Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.

b. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.

c. Right to erase – the right to request that we delete or remove your Data from our systems.

d. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.

e. Right to data portability – the right to request that we move, copy or transfer your Data.

f. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.

21. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: rachel@smallbusinessmarketingcoach.net

22. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.u1c/.

23. It is important that the Data we hold about you is accurate and current Please keep us informed if your Data changes during the period for which we hold it.

Links to other websites

24. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

25. Pinecroft Holdings Ltd may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Pinecroft Holdings Ltd. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

26. We may also disclose Data to a prospective purchaser of our business or any part of it.

27. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies

28. This Website may place and access certain Cookies on your computer. Pinecroft Holdings Ltd uses Cookies to improve your experience of using the Website and to improve our range of products and services. Pinecroft Holdings Ltd has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

29. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

30. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Pinecroft Holdings Ltd to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

31. This Website may place the following Cookies:

Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping can or make use of e-billing services.

Analytical/performance cookies: They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies: These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

32. You can find a list of Cookies that we use in the Cookies Schedule.

33. You can choose to enable or disable Cookies in your internet browser. By default, most Internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

34. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

35. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

36. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

37. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

38. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

39. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

40. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

41. Pinecroft Holdings Ltd reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact Pinecroft Holdings Ltd by email at rachel@smallbusinessmarketingcoach.net

Attribution

42. This privacy policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

23 April 2019

Cookies Schedule (as at 23/4/19 – feel free to use online checker for up to date cookies or contact the owner.)

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Pinecroft Holdings Ltd t/as SmallBusinessMarketingCoach.net and the Small Business Marketing Coach is a limited company registered in England and Wales. Registered number: 11599773. Registered office: Pinecroft, Walton, Wetherby, Leeds West Yorkshire.