• Customer means the legal entity subscribing to the Service.
• User means any individual authorised by the Customer.
• Personal Data has the meaning given under GDPR.
• GDPR means Regulation (EU) 2016/679.
• Anonymous Data means data that cannot be used to identify an individual directly or indirectly.
• Content means all data submitted to the Service.

The Service provides organisational health surveys, analytics, and reporting tools designed to collect and analyse workforce insights at an aggregated and anonymised level.

The Service is expressly designed to:

• Avoid the collection of personally identifiable information (PII)
• Ensure anonymity of respondents
• Provide aggregated insights only

You represent and warrant that:

• You are authorised to enter into these Terms on behalf of the Customer
• You will ensure all Users comply with these Terms

• The Service is provided on a subscription basis
• Fees are billed in advance (monthly or annually)
• Fees are non-refundable except where required by law
• We may modify pricing with prior notice

Failure to pay may result in suspension or termination.

You shall not:

• Use the Service for unlawful purposes
• Attempt to identify individual respondents
• Combine Service outputs with other data to re-identify individuals
• Interfere with the integrity or performance of the Service
• Reverse engineer or copy the Service

Any attempt to deanonymise data constitutes a material breach.

1. No Personal Data Collection by Design

The Service is designed so that:

• No employee email addresses are required or stored

• No direct identifiers (e.g., names, contact details) are collected

• Survey responses are not linked to identifiable individuals

2. Anonymous Data Processing

All data collected through the Service is processed as Anonymous Data. The Company does not knowingly process Personal Data unless explicitly configured by the Customer (which is not standard functionality).

3. Aggregation Thresholds

We implement safeguards including:

• Minimum response thresholds before reporting is generated

• Suppression of small group results

• Aggregation to prevent identification of individuals

4. Customer Responsibilities

The Customer agrees:

• Not to design surveys that solicit identifiable information

• Not to attempt re-identification of respondents

• To ensure internal use of reports maintains anonymity

1. Roles

Where GDPR applies:

• The Customer is the Data Controller
• The Company is a Data Processor only to the extent Personal Data is processed

2. Limited Processing of Personal Data

Given the anonymised nature of the Service:

• Processing of Personal Data is minimal or non-existent under normal use
• Any Personal Data processed is limited to account administration (e.g., billing contacts)

3. Compliance Measures

We implement:

• Data minimisation principles
• Privacy by design and by default
• Technical and organisational safeguards

4. Data Subject Rights

To the extent applicable, we assist Customers in responding to:

• Access, rectification, and erasure requests
• Objections or restrictions to processing

5. International Transfers

Where applicable, transfers outside the EEA are safeguarded through:

• Standard Contractual Clauses (SCCs)
• Equivalent lawful mechanisms

6. Data Breach Notification

We will notify Customers without undue delay of any Personal Data breach affecting the Service.

Each party agrees to maintain the confidentiality of non-public information and to use it solely for purposes of performing obligations under these Terms.

All rights, title, and interest in the Service remain the exclusive property of the Company. No rights are granted except as expressly stated.

The Company will use commercially reasonable efforts to maintain availability but does not guarantee uninterrupted or error-free operation.

We may suspend or terminate access:

• For breach of these Terms
• For non-payment
• Where required by law

Upon termination:

• Access ceases immediately
• Data is deleted within a reasonable period unless legally required to retain it

To the maximum extent permitted by law:

• The Company shall not be liable for indirect, incidental, or consequential damages
• Total liability is limited to fees paid in the preceding 12 months

The Customer shall indemnify and hold harmless the Company against claims arising from:

• Misuse of the Service
• Attempts to re-identify individuals
• Breach of applicable laws

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.

We may amend these Terms from time to time. Continued use constitutes acceptance of updated Terms.

1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles.

2. International Application

Notwithstanding the above, the Company operates globally and the Service is intended for use in multiple jurisdictions, including:

• Member states of the European Union (including GDPR compliance)
• Australia
• New Zealand
• United States of America

Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot be excluded under applicable consumer protection or data protection laws in these jurisdictions.

3. Jurisdiction and Venue

Subject to applicable mandatory local laws:

• Courts of Australia shall have primary jurisdiction
• Where required by law, disputes may also be brought in the courts of the Customer’s local jurisdiction

4. Regulatory Compliance

The Company will comply with applicable laws and regulations in the jurisdictions in which it operates, including but not limited to:

• GDPR (European Union)
• Australian Privacy Act 1988 (Cth)
• New Zealand Privacy Act 2020
• Applicable U.S. federal and state data protection laws

Scope

This DPA applies where GDPR is applicable.

Nature of Processing

Processing is limited to:

• Aggregation and analysis of anonymised survey data
• Platform functionality and reporting

Categories of Data

Primarily Anonymous Data. Limited Personal Data may include:

• Customer account contact details

Processor Obligations

The Company shall:

• Process data only on documented instructions
• Ensure confidentiality of personnel
• Maintain appropriate security measures
• Assist with audits upon reasonable notice

Data Deletion

Upon termination, all data will be deleted or returned unless retention is required by law.

If you have any questions about this Terms of Service or the information we hold about you, please contact us by:

Email: admin@thepracticalpsych.com

Address:

The Black Church
St Mary's Place
Dublin 7
Ireland