Term of participation and data protection

TERM OF PARTICIPATION

ACKNOWLEDGEMENT OF PROGRAMME EXPECTATIONS

 

By registering an account on this website and/or submitting this Application Form to participate in the 10,000 Small Businesses Programme (the “Programme”):

 

I confirm that the information provided in my application and supporting documents is accurate to the best of my knowledge.  I understand that if I have deliberately provided false information or fail to meet the terms of the Programme, I would have to forfeit any opportunity to be considered for, and to participate in, the Programme.

 

If I am selected for and participate in the Programme, I agree to attend all the learning sessions, complete a Growth Plan prior to the final class and, when applicable, participate in networking events, mentoring activities and other programme activities.  As a general rule, participants may not miss more than one day of the learning sessions and only under extenuating circumstances.

 

If I am selected for and participate in the Programme, I understand that I will need to provide information about my business and career progress for up to the next five years for evaluation purposes. This may include completing surveys and questionnaires and participating in interviews and focus group discussions. I understand that this information will be managed in accordance with the Data Protection Notice set out below.

 

I understand that the information described above may be provided to The Goldman Sachs Group, Inc. or any entity that controls, is controlled by or is under control with The Goldman Sachs Group, Inc. (“Goldman Sachs”), The Goldman Sachs Foundation, Goldman Sachs International, and any other entity which may provide the Programme to me (together, the “Programme Providers”) to allow for the effective implementation of the programme and the design of the best possible post-graduate support; my personal identity and personal information will be kept strictly confidential by the Programme Providers and their agents, representatives and contractors. Any publicly reported programme data will only be presented in aggregate with no attribution directly to individual companies without express written consent.

 

I acknowledge that I am applying for the Programme.

DATA PROTECTION NOTICE

 

GOLDMAN SACHS INTERNATIONAL (“GSI”) AND ITS AFFILIATED COMPANIES (INCLUDING THE PROGRAMME PROVIDERS) ARE COMMITTED TO MAINTAINING THE SECURITY AND CONFIDENTIALITY OF INFORMATION OBTAINED FROM APPLICANTS TO AND PARTICIPANTS IN THE PROGRAMME. 

 

GSI IS THE DATA CONTROLLER OF “PERSONAL DATA” (AS THAT TERM IS DEFINED UNDER THE GENERAL DATA PROTECTION REGULATION ("GDPR") AND THE DATA PROTECTION ACT 2018 (THE “ACT”)).  TO THAT END, GSI SHALL MAINTAIN ALL PERSONAL DATA PERTAINING TO YOU AS SET OUT IN THIS NOTICE.

 

This Notice relates both to the information that is processed as a result of any separate consent you provide to us and to any other personal data that you provide to GSI or the Programme Providers in connection with the Programme.

 

1.    Personal Data GSI Collects About You

 

The personal data that GSI processes about you has been obtained from your Programme application and supporting documents, from the third supplier performing the background verification and screening process on behalf of GSI, and from other materials that you submit during your participation in the Programme. This personal data includes, without limitation, your name, date of birth, address and other contact details, and your educational history. It may also include information on criminal convictions that are not spent under the Rehabilitation of Offenders Act 1974.

 

Where we ask you to provide personal data to us on a mandatory basis, we will inform you of this at the time of collection. Failure to provide any mandatory information will mean that we cannot continue to process your application for the Programme. 

 

As already communicated to you, some of this data is held and processed by the Programme Providers.  Please see below for further information.

 

2.    Purposes of Processing

 

In the circumstances described in the separate consent form, your personal data will be processed on the basis of your explicit consent. Once the information is provided to GSI, the third party supplier or the relevant Programme Provider, your personal data will be processed for purposes connected with evaluating your Programme application and performing associated background checks.

 

Any other data that you provide in the course of the Programme will be processed on the basis of the legitimate interests of the Programme Providers in effectively running and managing the Programme.  Your personal data will be processed for purposes connected with evaluating your Programme application, performing associated background checks, and administering your participation in the Programme.

 

Please note that where you have withdrawn your consent to the processing of your personal data for a particular purpose, we will only continue to process that personal data where necessary for any other purposes we have for processing that data where we have a different legal basis to do so (as set out in this Notice or otherwise communicated to you).  Please also note that any processing of your personal data prior to your withdrawal of consent will remain unaffected by any such withdrawal. 

 

3.    Disclosure of Personal Data

 

Other than described in the separate consent form, GSI will not disclose your personal data except:

with your consent; to the Programme Providers and our affiliates in connection with the Programme; to UK and other government entities and regulatory bodies; to service providers; to GSI’s lawyers and accountants and others providing professional advice; and to any other person or entity GSI reasonably thinks customary, necessary or advisable for the processing purposes described above or to whom GSI is obliged by UK or other law or regulation to make the disclosure.

 

To the extent GSI may employ unaffiliated companies to assist in providing services, those service providers will be subject to strict contractual requirements to maintain the confidentiality of any personal data that they may obtain in the performance of their services. Those service providers may use your personal data only in the course of providing services to GSI and only for the purposes that GSI dictates.

 

The data sharing listed in this Notice may involve the transfer of personal data to any country in which GSI, the Programme Providers or an affiliated company conducts business or has a service provider or to other countries for law enforcement purposes (including, without limitation, the United States of America and other countries whose data privacy laws are not as stringent as those in effect in the United Kingdom, Switzerland or the European Union).

 

GSI will ensure that appropriate safeguards are in place to protect your personal data and that transfer of your personal data is in compliance with applicable data protection laws.  Where required by applicable data protection laws, GSI has ensured that service providers (including the Programme Providers and other GSI affiliated companies) sign standard contractual clauses as approved by the European Commission or other supervisory authority with jurisdiction over the relevant data exporter.  You can obtain a copy of any standard contractual clauses in place which relate to transfers of your personal data by contacting gs-privacy@gs.com.

 

4.  GSI’s Information Security Policies

 

GSI limits access to your personal data to those employees and service providers who are involved in providing, supporting or administering the Programme on behalf of GSI and the Programme Providers. GSI, the Programme Providers and any affiliated companies maintain physical, electronic and procedural safeguards that are designed to comply with legal and industry standards to guard your personal data.

 

5.    Your Rights

 

You may be entitled under the applicable data protection laws to the following rights in respect of your personal data:

 

Information and access: You have the right to be provided with certain information about GSI's processing of your personal data and access to that data (subject to exceptions).

 

Rectification: If your personal data changes, we encourage you to inform us of the change. You have the right to require inaccurate or incomplete personal data to be updated or corrected.

 

Erasure: You have the right to require that your data be erased in certain circumstances, including where it is no longer necessary for us to process this data in relation to the purposes for which we collected or processed the data, or if we processed this data on the basis of your consent and you have since withdrawn this consent.

 

Data portability: Where we process your personal data on the basis of your consent, or where such processing is necessary for entering into or performing our obligations under a contract with you, you may have the right to have the data transferred to you or another controller in a structured, commonly used and machine-readable format, where this is technically feasible.

 

Right to object to certain data processing: To the extent that GSI is relying upon the legal basis of legitimate interest to process your personal data, then you have the right to object to such processing, and GSI must stop such processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where GSI needs to process the data for the establishment, exercise or defence of legal claims. Where GSI relies upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.

 

Right to restriction of processing: You have the right to restrict GSI's processing of your personal data while your request for data rectification or objection to personal data processing is being considered, if we no longer need to process your data but you need that data in connection with a legal claim, or if our processing is unlawful but you do not want us to erase the data.  If this right applies, we will continue to store your data but will only further process it with your consent, for the establishment, exercise or defence of legal claims, to protect the rights of another person, or for reasons of important public interest.

 

Right to withdraw consent: To the extent that GSI is relying upon your consent to process personal data, you have the right to withdraw such consent at any time. 

 

Complaint: You also have the right to lodge a complaint with a supervisory authority, in particular that in your Member State of residence, where applicable.

 

If you wish to exercise any of these rights you may do so by sending an email to gs-privacy@gs.com or a written request to GSI, clearly marked "Individual Rights" and sent to the following address:

 

Office of the Data Protection Officer

Goldman Sachs International,

25 Shoe Ln

Holborn

London

EC4A 4AU

 

We may provide additional ways for you to exercise your rights from time to time.

 

 

PHOTOGRAPH AND VIDEO RELEASE

 

I hereby grant the Programme Providers, the sole discretion to video/photograph all Programme classes and related events and activities (some or all of which may contain video/photographs of me) and I understand that, as between myself and the Programme Partners, the Programme Providers shall be absolute owners of all such video and/or photographs and all rights therein, including the copyright, (and may sublicense such rights as necessary) such that the video and/or photographs may be used in future publications by the Programme Providers in any medium whatsoever. I also authorize the Programme Providers to use my name, my image, the name of my business and participation details of the Programme for any purposes connected with the Programme, including its advertising and promotion.

 

 

 

WRAPAROUND SUPPORT TERMS AND CONDITIONS

 

Introduction

 

These terms and conditions (“Terms”) set out the basis upon which, as part of the Programme, the Programme Providers  may provide or facilitate the provision to you of business support services which are additional to the basic curriculum (“Wraparound Support”). It is important that you read the whole document carefully before signing the “Agreement to Terms of Participation in the Programme”.

 

Wraparound Support

 

The Programme Providers may engage or facilitate arrangements with third parties to provide the Wraparound Support (“Wraparound Support Providers”). The Wraparound Support available will be confirmed to you by the Programme Providers and may include, by way of example but not limited to, discussions with legal or management accounting professionals and/or the provision of business mentors. The business mentors may be employees of Goldman Sachs (“Goldman Sachs Mentors”).

If you decide, at your sole discretion, to engage a Wraparound Support Provider directly to provide services to you outside of the scope of the Programme, it will be your responsibility to contract directly with that Wraparound Support Provider in respect of any such services. You will also be solely responsible for agreeing the applicable charges and paying any sums due in respect of such services. In no event will the Programme Providers reimburse you for the cost of any services provided directly to you by a Wraparound Support Provider.

 

Wraparound Support may include the provision of a preliminary session with a Programme Provider or Wraparound Support Provider to assist in identifying the types of support which are available and suitable for you (a “Diagnostic Session”). You acknowledge and agree that you are solely responsible for the way in which you choose to use (or not use) the agreed output of the Diagnostic Session.

 

Responsibility

 

To the extent permitted by law, neither the Programme Providers nor any Wraparound Support Provider or Goldman Sachs Mentor will have any liability, contingent or otherwise, to you for any loss or damage (whether direct, indirect, consequential, for negligence or otherwise) arising out of or in connection with the provision or non-provision of the Wraparound Support.  Accordingly, the Programme Providers make no warranty or representation to you, express or implied, as to the quality, accuracy, expertise, completeness, reliability, timeliness or continued availability of the Wraparound Support or the Wraparound Support Providers.  The involvement of a Wraparound Support Provider in the Programme does not constitute an endorsement of that Wraparound Support Provider or its services by the Programme Providers.

 

General

 

Each Programme Provider, Wraparound Support Provider and Goldman Sachs Mentor may enforce and rely on any of these Terms conferring a benefit on it or them to the same extent as if it or they were a party to these Terms.  However, you and the Programme Providers remain free to terminate this arrangement or vary any these Terms without the consent of any such third party beneficiary. These Terms and any non-contractual obligations arising out of or in relation to them shall be governed in all respects by English law and the parties agree that the English courts shall have exclusive jurisdiction to hear and determine any suit, action or proceedings arising out of or in connection with Terms, including any non-contractual obligations arising out of or in connection with these Terms.