TERMS OF SERVICE
The Terms of Service contains all the terms that will govern the relationship between the Parties and the provision of any Services or use of the Site and Dashboard between:
Social Media Consulting Limited, being a private limited company incorporated in England and Wales under registration number 7358739 (“Social Media”, “We” or “Our”), trading as right2socials
AND
Any individual who has accessed Our Dashboard and/or requested the performance of any Services from Social Media (“Customer”, “You” or “Your”) as designated in these Terms of Service.
The Terms of Service are communicated to You prior to registration and, by clicking on the acknowledgment and agreement dedicated tick box on the Customer registration page, You electronically acknowledges, accepts, and signs the Terms of Service. ACCESS AND USE TO SOCIAL MEDIA SERVICES TRIGGER THE ACCEPTANCE TO BE BOUND BY THESE TERMS OF SERVICE WITHOUT RESERVE.
You agree that Your electronic acceptance of these Terms of Service shall have the same force and effect as if You had agreed to these Terms of Service otherwise; and You agree by acknowledging and accepting these Terms of Service, You are bound to these Terms of Service.
You acknowledge that You have reviewed the information provided about the Services and have determined that the Services are suitable for Your needs. It is Your responsibility to ensure the Services align with Your specific requirements before making a purchase. If You have any questions or require further clarification, You should contact Social Media before using the Services.
The Terms of Services can be found at any time on Social Media’s Site (https://right2socials.co.uk/). The version of the Terms of Services applicable to You are those applicable on the day of acceptance, or as modified in accordance with the below Terms of Service.
1. Commencement date and amendment to the Terms of Service
1.1. These Terms of Service have commenced and shall be deemed to have commenced on and with effect from the date of electronic acceptance of these Terms of Service in the Customer Registration page (“Commencement Date”).
1.2. Social Media may update these Terms of Service from time to time. If We make significant changes, We will notify You at least 14 days in advance via email and through a notice on Our website. If You do not agree with the updated Terms of Service, You may stop using Our Services and, where applicable, cancel Your account before the new Terms take effect. Continuing to use Our Services after the effective date means that You accept the updated Terms and You agree to be bound by the latest version of the Terms of service. The latest version of the Terms of Service will always be available on Our website.
1.3. These Terms of Service, or if applicable, the latest Terms of Service govern Our relationship with You and replace any previous versions You may have agreed to, unless otherwise stated.
2. Services
2.1. Social Media shall provide the following standard core services (together “the Service” or “Services”) to You:
2.1.1. The provision of “Online Check Reports” (hereinafter collectively referred to as “Reports”) concerning You (hereinafter referred to as “Data Subjects”). This is Our Online Social Media Check which covers a wide landscape of publicly available information. This includes the most popular social media apps, web searches and covers a scope of 5 years plus.
2.1.1.2. Results of completed checks are valid for a period of six (6) months after which they become historic. You may display the Social Media privacy headers and banners associated with Your completed check on any partnered professional network listed on Our Dashboard. The headers and banners will remain valid for display for six (6) months from the date the research concludes, after which it will automatically expire. Please note that the selection of partnered networks may change from time to time.
2.1.2. A web-based application (hereinafter referred to as the “Dashboard”) from which You can request checks, access and download completed Reports in a pdf or equivalent format, as decided by Social Media, in accordance with the Terms of Use;
2.1.2.1The first time You have requested a check and, once that check has been completed, You will be assigned a unique number (Your Social Digital Record Number), and all Your future requested checks will be assigned to this unique Social Digital Record Number.
2.1.2.2 Should companies, employers or prospective employers request checks through Social Media, where You are the subject of such requests, these checks will also be assigned Your Social Digital Record Number.
2.1.2.3 You acknowledge that the results of Your check(s), elements of Your Personal Data and OSINT information, may be anonymised and used for service improvement, statistical, analytical, averages and benchmarking, research and development purposes (including of AI). Once anonymised, the data will no longer identify You and will be processed outside the scope of UK GDPR.
2.1.3 A verification process which means You can share Your check result and Social Digital Record Number to a third party, such as a company, employer or prospective employer. This company, employer or prospective employer shall be able to verify Your check result. This element requires the company, employer or prospective employer to be registered with Social Media for a fee.
2.1.3.1 As part of the Services, You acknowledge that the results of Your social media check, but not Your full Reports, may be shared with a company, employer, or prospective employer that requests verification of Your check results against Your Social Digital Record Number through Social Media. The requesting company, employer, or prospective employer is an independent data controller and is solely responsible for their use of Your check result(s). This means they have their own transparency obligations to You as well as conducting the necessary due diligence to evaluate the necessity, legality, and relevance of the verification service for their purposes. We do not control how the requesting company, employer, or prospective employer may use Your results, and We encourage You to review the privacy policy of the third party company, employer, or prospective employer before proceeding with Our Services and choosing to share Your check result and Social Digital Record Number with a third party.
2.1.3.2. For as long as You have an account with Us, You will have ongoing access to the Dashboard (including historical and valid Reports). However, Your historic reports are not shown or shared with third parties and are excluded from the verification feature. Only valid and in date Reports are eligible for the verification feature.
2.1.4 If You have an active paid subscription with Social Media:
2.1.4.1 You will be provided with a social media check every 6 months. You will also receive notifications of new checks requested by a company, employer or prospective employer, where You are the subject.
2.1.4.2 The requesting company, employer, or prospective employer for a check where You are the subject, is responsible for ensuring they have informed You of their intention as well as conducting the necessary due diligence to evaluate the necessity, legality, and relevance of the verification service for their purposes. We do not control how the requesting company, employer, or prospective employer may use Your results, and We encourage You to review the privacy policy of the requesting company, employer, or prospective employer.
2.1.4.3 For the duration of Your active subscription, You will have access to additional information and resources aimed to assist You in enhancing Your online presence and to help You improve Your privacy over time (Our “Digital Identity Lab”)
2.1.4.4 For the duration of Your active subscription, You may be eligible for benefits from partnered third parties which will be displayed to You in the Dashboard, if applicable.
2.1.5 You acknowledge that to make Your screening process faster, more accurate, and more affordable, We use a combination of smart AI tools alongside Our social intelligence human researchers. These tools help us quickly and thoroughly explore public online content (like social media and websites) that may be relevant to your screening request. Our systems improve over time by learning from every search/check completed – from both the handling behaviour of Our social intelligence team researchers as well as the results of the searches. Please refer to Our [Privacy Policy] for more information. It is important to note that We do not use AI to predict anyone’s future behaviour. We only report what is publicly available online at the time the check is carried out, and every piece of information We include is reviewed and validated by Our human research team.
2.2. You acknowledge and agree to the following provisions regarding the change in Services:
2.2.1. You agree that Social Media may adapt or update the format or content of Reports from time to time to improve quality or reflect product developments. Minor changes such as layout or wording adjustments that do not affect the substance of the report may be made without prior notice. If We make any material changes to the substance of the Report or the way We present information that could reasonably affect Your use of the Services or Your understanding of the results, We will notify You in writing at least 14 days in advance. If You do not agree with a material change, You may cancel Your order and request a refund within that 14-day period, provided the Report has not yet been delivered. This right does not affect Your statutory cancellation rights but is also subject to the terms set out in clause 2.3.4, including Your agreement to start the Services immediately upon request.
2.2.2. You agree that We may change the content or format of the Report without notice if required to comply with applicable laws, address security issues, or to protect You from harm. These changes will not reduce the overall quality or value of the Service You receive.
2.2.3. You are above the age of 16, domiciled in the United Kingdom and are the subject of the request for Services. You agree to verify Your identity and eligibility to use Our Services via Our trusted digital identity partner.
2.3. You acknowledge and agree to the following:
2.3.1. You know an order has been duly placed when You have received Social Media’s confirmation email that a request has been placed.
2.3.2. Social Media shall provide You with Reports within five (5) working days of a request being placed by You via Our Dashboard.
2.3.3. Working days shall generally be defined as 09.00am until 5.30pm Monday to Friday, excluding United Kingdom religious and national holidays.
2.3.4. By requesting Our Services, You acknowledge that We begin processing Your request immediately. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, You may have the right to cancel Your request within 14 days of the date of Your request for Services. However, by proceeding, You expressly agree that the Services will begin immediately, and as a result, You may lose Your right to cancel once the request is fully performed. If You wish to cancel after the process has begun but before the request is fully completed, You will be charged an administrative fee of £15.00 which reflects the reasonable costs We incur in initiating the Services. You can contact refunds@right2socials.co.uk for assistance.
2.3.5. Standard support services by Social Media, via Our support email address (helpme@right2socials.co.uk) on the Site, shall be generally available in the United Kingdom between 09.00am until 5.00pm Monday to Friday, excluding UK public holidays. Our standard support includes assistance with general inquiries about Our Services and accessibility requests. Social Media shall use its best endeavours to respond within 14 days of Your request.
2.3.6. Standard support services within the normal working hours of Social Media shall be provided by Social Media free of charge.
2.4. Whilst Services are provided in good faith and in a professional manner, Social Media does not guarantee or warrant that:
2.4.1. it will find or communicate to You every example or all examples of online internet content about or applicable to You;
2.4.2. despite implementing reasonable procedures to ensure maximum possible accuracy, the exactness of the results of the searches it performs and the content delivered by those searches, as the Reports includes online content over which Social Media has no control, which may include information related to a (i) false account representing You; or an (ii) accounts for You which may have been hacked;
2.4.3. the Services will enable any removal, alteration or improvement of any online internet content about You;
2.4.4. any Reports will retain any value, accuracy and/or relevance after delivery.
2.5. Social Media does not guarantee the Services will be operable at all times, or during any down time caused by for example:
2.5.1. outages to any public internet backbones, networks or servers;
2.5.2. any failures of the Your equipment, systems or local access services;
2.5.3. for previously scheduled maintenance; or
2.5.4. relating to events beyond Social Media’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in internet services to an area where Social Media’s servers are located or co-located.
3. Your obligations
3.1. You agree to assist Social Media in a reasonable and cooperative manner in the context of the ordering process. This shall include (but not be limited to):
3.1.1. Using the Dashboard for placing all orders in accordance with the applicable Terms; and
3.1.2. You acknowledge and accept that delivery of Services relies on Your provision of accurate information being maintained in Your account via the Dashboard at all times. You acknowledge and accept that failing to maintain accurate information in Your account via the Dashboard at all times absolves Social Media from any liability whatsoever in the performance of Services.
3.1.3 You acknowledge that once the identity verification process is complete, proof of verification is displayed in Your account but cannot be edited, as it serves as evidence of the completed check. If any of those details change, You will need to undergo a new verification process to update and ensure the accuracy of Your information.
3.2. You are responsible for:
3.2.1. complying with all Applicable Laws while requesting, collecting, and using the Services, where “Applicable Laws” shall mean all Applicable Laws, legislation, statutes, statutory instruments, regulations, edicts, bye-laws or directions or guidance from government or governmental agencies which have the force of law whether local, national, international or otherwise existing from time to time including (but not limited to), particularly in respect of data protection and labour laws;
3.2.2. ensuring all required information is provided and accurately included within requests;
3.2.3. any third-party software licences or online subscriptions needed to access and use the Dashboard and the Site except for any software products supplied directly by Social Media;
3.2.4. maintaining the security of any account and password created or provided as part of the Services. Social Media cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation;
3.2.5. ensuring a compatible device, internet access, and any required software meet the necessary requirements for the Services.
3.3. You understand that Social Media provides Reports for informational purposes only. These Reports are not advice, recommendations, or endorsements. You may use Your Report for Your personal use and share it with an employer or prospective employer. You must not publish, distribute, or make the Report available to others, unless allowed under these Terms. This helps maintain the accuracy and integrity of the information and protects any Confidential Information.
3.3.1. If You choose to share the Report outside of these Terms or engage in defamatory comments as per Clause 11.8 of these Terms of Service, Social Media is not responsible for any actions taken by others based on the contents of the Report.
3.3.2. Social Media shall not be liable for any losses suffered as a result of Your use of the Reports which breaches these Terms of Service.
3.3.3. You understand and agree that Social Media is not responsible for any decisions made by other individuals, companies, or organisations based on the contents of Your Report. We do not guarantee or influence any outcomes resulting from someone else’s use of Your Report.
3.4. If, following provision of the Services, You contact any third parties, including creators of unwelcome content, hosts of unwelcome content, and other parties who might have control or authority over such content, You recognise that such contact may have unpredictable consequences, including but not limited to negative responses from others.
3.5. You acknowledge that the Services are technology-driven and accept that errors, bugs, delays and other problems could arise with the Services, as expected in a technology-driven product.
4. Intellectual Property and Proprietary Rights
4.1. All rights, title(s) and interest(s) in the Dashboard and any Reports provided as part of the Services, including without limitation copyright, trademarks, services marks and other intellectual property rights, is the property of Social Media and is protected by intellectual property laws and international intellectual property treaties.
4.2. Your use of the Dashboard and any Reports provided by Social Media is for Your personal and confidential use. We do not allow access to the Dashboard or distribution of Reports to third parties, except where distribution of Reports is required for verification purposes by Your employer, prospective employer, or other authorised recipients You have decided to provide Your Report, as per Clause 3.3.
4.3. Except as expressly provided hereafter, nothing contained in any Reports, or the Dashboard shall be construed as conferring any licence or right, by implication or otherwise, under copyright or other intellectual property rights, to use the Dashboard or the Reports through the use of framing or otherwise, without the prior written permission of Social Media.
4.4. Subject to Your full compliance with these Terms of Service, You are, subject to the other terms of these Terms of Service, hereby granted a non-exclusive, non-transferable, revocable, limited licence to view and use the Dashboard and to view, download or print the Reports, provided that:
4.4.1. it is solely for Your own lawful, personal, informational purposes and will not be shared publicly by You including but not limited to posts on social media, blogs or any other online platform, except as permitted under clauses 2.1.3. and 3.3. of the Terms of Service;
4.4.2. You do not remove or obscure any copyright notice or other notices; and
4.4.3. the Dashboard and the Reports, or any part thereof, are not modified.
4.5. Except as expressly provided herein, no part of the Dashboard, including but not limited to materials retrieved, their form and the underlying HTML code, may be used, reproduced, republished, copied, reformatted, displayed, reverse engineered, reverse assembled, transmitted, distributed, licensed, sold, resold or exploited in any form or by any means.
4.6. In no event shall materials from the Dashboard or the Reports be stored in any information storage and retrieval system.
4.7. You understand and agree that Social Media may alter, improve, and may change any information, features and functions of the Dashboard at any time for any reason, without notice, to enhance performance, usability or security. If We make any material changes, suspend or discontinue the Dashboard, We will provide You with at least 14 days’ notice unless urgent circumstances require immediate action. These changes will not result in any additional cost to You. If You do not agree with the changes, You may cancel Your use of Our Services.
4.8. You understand and agree that from time to time the Dashboard may be inaccessible, unavailable or inoperable for any reason, including without limitation:
4.8.1. equipment malfunctions;
4.8.2. periodic maintenance procedures or repairs which Social Media may undertake from time to time; or
4.8.3. causes beyond the control of Social Media or which are not reasonably foreseeable by Social Media, including without limitation: interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Social Media has no control over the availability of the Site or the Dashboard on a continuous or uninterrupted basis.
4.9. You acknowledge that the Reports and Dashboard and any other software of Social Media used by You in respect to procuring, performing or utilising the Services is proprietary to Social Media.
4.10. You acknowledge and agree that the content within Our Dashboard shall be deemed to constitute informational content only and is not specific to the results of any individual Report. By following any informational content, You do so at Your own discretion and accept that Social Media shall not be liable for any losses suffered as a result of Your use of such information. You understand and agree that Social Media is not responsible for any decisions made by You based on the contents of information in Our Dashboard. We do not guarantee or influence any outcomes resulting from Your use of content in Our Dashboard.
5. Data Protection
5.1. Both Parties shall comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a Party’s obligations under the Data Protection Legislation.
5.2. Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the United Kingdom including (without limitation) the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder) (“DPA 2018”); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; together with any Applicable Data Protection Law.
5.3. “UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the DPA 2018. For the purposes of § 19, “Data Controller”, “Data Processor”, “Data Subject”, “Personal Data” and “Processing” shall have the meaning prescribed by the Data Protection Legislation. In respect of “Processing”, “Processed” and “Process” shall be construed accordingly.
5.4. “Your Personal Data” means any Personal Data of which You are the Data Subject and which is Processed by Social Media as the Data Controller under or in connection with this Agreement. For the purposes of this Clause, Data Controller refers to Social Media and Data Subject refers to You.
5.5. By placing a request on Social Media’s Dashboard for Services:
5.5.1. Social Media may process special category data or criminal offence data as part of its Services in accordance with this clause and Schedules 2 and 3 of these Terms of Service.
5.5.1.1 For Social Media to process special category data, it must have an article 6 legal basis and an article 9 legal basis;
5.5.1.2 The article 6 legal basis is processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;
5.5.1.3 The article 9 legal basis is the processing relates to Personal Data which are manifestly made public by the Data Subject;
5.5.1.4 For Social Media to process criminal offence data, it must be authorised under UK GDPR Article 10 and Schedule 1 of the Data Protection Act 2018. This includes Your explicit consent in accordance with Schedule 1, Part 3, paragraph 29, satisfying the requirement for authorisation by domestic law;
5.5.1.5 The article 6 legal basis is processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;
5.5.1.6 The condition under Schedule 1 DPA 2018 is the Data Subject has given consent to the processing (Schedule 1, Part 3, paragraph 29) satisfying the requirement for authorisation by domestic law.
5.5.2. You acknowledge that You have considered the necessity, legality, and relevance of the Services provided. Social Media will ensure that any Personal Data is processed lawfully, fairly, and transparently, in line with data protection laws. This means Your Personal Data will only be collected for specific, explicit, and legitimate purposes, and will be adequate, relevant, and limited to what is necessary for those purposes; and
5.5.3. Social Media has the necessary and appropriate notices, and/or authorisations in place to enable the lawful processing of Your Personal Data, by Social Media, for the duration and purposes of these Terms of Service and each request for Services. Social Media shall give full information to any Data Subjects of the nature of any Processing of their Personal Data to be undertaken by Social Media under these Terms of Service. Information is given in Social Media’s privacy policy and these Terms of Service, in particular at this clause and Schedules 2 and 3.
5.6. Social Media shall ensure that:
5.6.1. all personnel who have access to and/or Process such Personal Data are obliged to keep the Personal Data confidential; they have gone through appropriate training, and they are made aware of their duties and obligations under the Data Protection Legislation;
5.6.2. all Data Subject requests about his/her individual rights will be responded to without undue delay and within one month of receipt;
5.6.3. Your Personal Data received by Social Media from You is Processed by Social Media in connection with these Terms of Service for the purpose of performing its obligations under these Terms of Service unless otherwise required by law;
5.6.4. it will comply with its obligations to notify during a data breach, namely:
5.6.4.1. Social Media will assess the breach in accordance with its legal obligations and notify the UK Information Commissioner’s Office (ICO) without undue delay and, where feasible, within 72 hours of becoming aware of the breach, unless the breach is unlikely to result in a risk to Data Subject rights and freedoms.
5.6.4.2. Social Media will notify Data Subjects if the breach is likely to result in a high risk to Your rights and freedoms without undue delay providing a description of the breach, the categories of Personal Data affected, the likely consequences of the breach and the measures taken (or proposed) to address or mitigate the impact.
5.6.4.3 . Exceptions: Social Media’s duty to tell Data Subjects about a breach does not apply if:
5.6.4.3.1. Social Media has implemented appropriate technical and organisational measures which were applied to the Personal Data affected by the breach
5.6.4.3.2. Social Media has taken subsequent measures which will ensure that any high risk to the rights and freedoms to Data Subjects is no longer likely to materialise; or
5.6.4.3.3. it would involve disproportionate effort. Where this is the case, Social Media will make the information available to Data Subjects in an equally effective way.
5.6.5. It keeps a record of processing activities as per Data Protection Legislation;
5.6.6. It shall take appropriate technical and organisational measures against unauthorised or unlawful Processing of such Personal Data and against accidental loss or destruction of, or damage to, such Personal Data as per Social Media’s information security policy which includes but is not limited to:
5.6.6.1. the pseudonymisation and encryption of Personal Data;
5.6.6.2. the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services;
5.6.6.3. the ability to restore the availability and access to the Personal Data in a timely manner in the event of a physical or technical incident; and
5.6.6.4. a process for regularly testing, assessing, and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
5.6.7. it shall only transfer Personal Data internationally if such transfers are in compliance with Data Protection Legislation as set out below:
5.6.7.1. transfers are to a country or countries located in the EEA,
5.6.7.2. transfers are to a country or countries for which the UK Government has issued an adequacy decision,
5.6.7.3. transfers are to a country or countries where there is an applicable partial finding of adequacy (e.g. Canada, Japan, United States) where Your country is part of a specific framework, such as the EU-US Data Privacy Framework with UK extension.
5.6.7.4. where there is no adequacy regulation for international transfers, We ensure appropriate safeguards are in place, as permitted under the UK GDPR which will be attached to these Terms of Service. Details of the relevant safeguards, or how to obtain a copy of them, can be requested by contacting Social Media at helpme@right2socials.co.uk.
5.6.8. it shall provide secure web pages on the Dashboard from which You can request, access and download completed Reports in a pdf or equivalent format, such format to be determined by Social Media at any time.
5.7. We may engage third-party Processors to perform certain services on Our behalf in connection with the provision of the Services, such as identity verification, payment or operational services. These Processors will only process Personal Data in accordance with Our instructions and will be bound by written agreements to ensure compliance with the UK GDPR and other applicable data protection laws. A general list of Our Processors and Sub-Processors is available in Our privacy policy.
5.7.1. Social Media shall keep the list of general processors used up-to-date in its privacy policy available at all times on the Site;
5.8. Where Social Media has appointed a processor, it shall:
5.8.1. Provide appropriate safeguards in relation to the processing and transfer (including the necessary clauses in case of restricted transfer);
5.8.2. Provide for Data Subject’s enforceable rights and effective legal remedies regarding the transfer;
5.8.3. Sign a written agreement that includes the same data protection obligations on the processor(s) as those set out in these Terms of Service.
5.9. A description of the details of Processing is provided below:
5.9.1. Data Subjects: Individuals requesting the Services;
5.9.2. Subject-matter and purpose of the Processing: We process Your Personal Data to carry out Open Source Intelligence (OSINT) screening of Your publicly available online content. The purpose of this screening is to generate a Report at Your request that may support Your activities such as job applications, personal branding, or other relevant vetting purposes. The Processing helps You better understand how Your digital presence may be viewed by third parties such as employers, recruiters, or similar organisations.
5.9.2.1 Additionally, Social Media may anonymise Personal Data, OSINT information and/or Your check results and use it for service improvement, research and development (including of AI), analytics and performance monitoring and statistical purposes (including Dashboard benchmarks and averages) . Any anonymised data will be processed in a way that ensures individuals cannot be identified, in compliance with applicable data protection laws;
5.9.3. Categories of Personal Data: Name, Address, Email Address, Telephone Number, Nationality, Gender, Date of Birth, Current or Former Employers, Job Applied For, Country of Employment, Industry Sector – Employment, Online Usernames, Online public information (OSINT).
5.9.4. Recipients: Social Media’s employees who are authorised to receive the data and who need access to the information in order to perform services for You.
5.10. Social Media will retain Your Personal Data while Your account is registered and for as long as necessary to complete requested checks and/or provide requested Services. Once You delete Your account, Your Personal Data will be securely erased or anonymised, except where retention is required by law or in connection with legal claims . In cases of deletion, Social Media will no longer have access to Your submitted Personal Data and does not hold any liability with regards to Your submitted Personal Data it no longer holds.
5.10.1 You acknowledge that certain elements of Your Personal Data and/or check results may be anonymised and retained indefinitely for purposes such as service improvement and analytics, statistics, or research and development (including of AI). Anonymised data is no longer linked to You and cannot be used to identify You.
5.11. Monitoring or recording of Customer service calls, e-mails and other communications may take place in accordance with United Kingdom law and in particular for business purposes, such as for quality control and training; processing necessary for the entering into or the performance of a contract; to prevent unauthorised use of the Site, the Dashboard and Social Media’s other systems; to ensure effective systems operation; to meet any legal obligation; in order to prevent or detect crime; and for the purposes of the legitimate interests of Social Media.
6. Third Party Providers
6.1. You acknowledge that, certain aspects of the Services, including payment processing and identity verification, may be provided by third-party service providers acting on Our behalf. While these providers are authorised by Us, any use of their services may be subject to their own terms of service and privacy policies, which You are responsible for reviewing and complying with. To the maximum extent permitted by law, We shall not be liable for any loss, damage, or other liability arising from or related to the acts, omissions, or failures of such third-party service providers, including without limitation any delays, errors, or security breaches occurring during payment processing, identification verification or other services they provide.
6.2 If You access the Services through a third-party website (other than an authorised processor), You do so entirely at Your own risk. Social Media makes no representation and shall bear no responsibility or liability in relation for the content, use of, or any interaction with such unaffiliated third-party websites, nor for any transactions or agreements made between You and the third party. Any contract or transaction entered into through an unaffiliated third-party website is strictly between You and the respective third party, and not Social Media. It is Your responsibility to review the unaffiliated third-party’s terms of service and privacy policy before using any unaffiliated third-party website. Social Media does not endorse or approve any unaffiliated third-party website, or the content provided through unaffiliated third-party websites available via the Services.
6.3. To access the Services, You will be redirected to:
6.3.1 Our trusted digital identity partner for verification purposes.
6.3.2 Our trusted payments provided for payment of fees.
6.3.3 Social Media does not collect or store Your full payment or identity verification data directly. This is handled securely by Our third-party partners in accordance with their own data protection obligations.
7. Confidentiality
7.1. Definition of Confidential Information: In order to provide or receive Services under these Terms of Service, one Party (the “Receiving Party”) may be furnished with or receive from the other Party (the “Disclosing Party”) information and materials that are considered to be confidential and/or proprietary to the Disclosing Party (“Confidential Information”). Confidential Information includes all information, in any form, furnished or made available directly or indirectly to the Receiving Party by the Disclosing Party orally or in writing (including electronic format), that relates in any way to the Disclosing Party; their respective existing or former employees or participants; existing, former or potential Customer(s); or other third parties with whom the Disclosing Party has a business relationship. Confidential Information will include Customer Personal Data. Confidential Information will also include any information that should reasonably be considered to be confidential and/or proprietary to the Disclosing Party in the normal course of business.
7.2. Protection of Confidential Information: the Receiving Party will keep and maintain all Confidential Information in strict confidence and will protect Confidential Information with at least the same degree of care (and in any event no less than reasonable care) that it uses to protect the Receiving Party’s own confidential information.
7.2.1. Where the Receiving Party is Social Media, Social Media may disclose such information to employees, permitted subcontractors performing services, provided that Social Media will cause all recipients to sign a non-disclosure agreement specifying that protection of such Confidential Information will be in compliance with these Terms of Service and Social Media will be responsible for any deviation (including by third parties to whom Social Media has provided Confidential Information) from the requirements of these Terms of Service concerning use and protection of Confidential Information.
7.2.2. Where the Receiving Party is Social Media, Social Media may disclose the results of Your Report(s), but not the full Report, to a company, employer or prospective employer who has requested verification of Your check results against Your Social Digital Record. In such cases, these disclosures will be made for the specific purpose outlined at 2.1.3. of these Terms of Service.
7.3. No party shall make, or permit any person to make, any public announcement concerning these Terms of Service without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
7.4. Exceptions – Required Disclosure: The restrictions contained herein shall not apply to information that is:
7.4.1. already lawfully known by the Receiving Party prior to receiving such information from the Disclosing Party;
7.4.2. publicly known at the time of the disclosure or becomes publicly known through no wrongful act of the Receiving Party;
7.4.3. subsequently disclosed on a non-confidential basis by a third party not having a confidential relationship with the Disclosing Party and such third party rightfully acquired such information;
7.4.4. independently developed by the Receiving Party without reference to the Disclosing Party’s materials; or
7.4.5. communicated to a third party with the express written consent of the Disclosing Party.
7.4.6. The foregoing exceptions do not apply to the disclosure of Customer Personal Data, which shall not be disclosed without Your prior written consent unless required by law. If the Receiving Party is required by law to disclose Confidential Information, the Receiving Party will give prompt advance written notice of such requirement to the Disclosing Party. Reasonable efforts will be made to provide this notice in sufficient time to allow the Disclosing Party to seek an appropriate confidentiality agreement, protective order, or modification of any disclosure, and the Receiving Party will cooperate in such efforts, at the Disclosing Party’s expense.
8. Limitation of Liability
8.1. The Services and the software used in performing the Services, and all related and ancillary Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by Applicable Laws, Social Media expressly disclaims all warranties, claims or representations made by Social Media, either express, implied or statutory, with respect to the Services and any software used in performing the Services. This includes warranties of quality, performance, non-infringement, merchantability, accuracy, reliability, completeness or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. Social media does not warrant that the Services, or any part of it, will be uninterrupted, error-free, or free from defects, nor does Social Media guarantee the accuracy or reliability of any Reports or outputs generated through the Services.
8.2. Without limitation, Social Media does not represent or warrant, and disclaims any and all responsibility for any loss, injury, claim, liability, penalty or damage of any kind whatsoever resulting from, arising out of or in any way related to:
8.2.1. the use, misuse or distribution of the information contained in any Reports;
8.2.2. Your use of the Services;
8.2.3. Your use of any equipment or software in connection with the Services;
8.2.4. any inaccuracies contained in any Reports or any omission from any Reports;
8.2.5. any breach of these Terms of Service by You.
8.3. You agree Social Media, and its officers, directors, and employees, are not responsible for any issues You may experience arising out of or related to Your access or use of, or the Your inability to access or use, the Services or the information contained on the Dashboard or the Reports.
8.4. Except where required by law, Social Media will not be liable to You or any third party claimant whether in contract, tort, misrepresentation for any indirect, special, punitive, consequential (including without limitation lost profits or lost data collected through the Services), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if Social Media has been advised of the possibility of such damages.
8.5. In respect of a single request or multiple requests (via subscription) for the Services, the entire liability of Social Media in relation to any and all claims arising out of or in connection with these Terms of Service or its subject matter in contract, tort (including negligence, breach of statutory duty or otherwise), shall not exceed an amount equal to the sums received by Social Media from You during the previous 12 months under these Terms of Service in respect of that single request or those multiple requests for the Services. This limitation does not apply if the issue is caused by Social Media negligence, breach of statutory duty, or other situations where Social Media is required to be fully liable under Applicable Laws.
8.6. You agree to take responsibility for any and all third party claims, actions, proceedings and suits brought against Social Media or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including without limitation reasonable legal fees and other litigation expenses) incurred by Social Media or any of its officers, directors, employees, agents or affiliates arising out of or relating to:
8.6.1. Your breach of any term or condition of these Terms of Service;
8.6.2. Your fraudulent or malicious use of the Services; or
8.6.3. Your violations of Applicable Laws, rules or regulations in connection with the Services.
8.7. If any claim, suit, or legal action arises in connection with Your use of the Services, Social Media will notify You in writing or electronically about the claim. You agree to cooperate reasonably with Social Media in the defence of such claims. However, Social Media retains the right to manage and control its defence at its own expense if it chooses to do so.
8.8. Nothing in these Terms of Service will serve to limit or exclude Social Media’s liability for death or personal injury resulting from its own negligence, or for its fraud or fraudulent misrepresentation.
8.9. The foregoing exclusions and disclaimers are an essential part of these Terms of Service and formed the basis for determining the price charged for the services.
9. Price, payments and transactions
9.1. You shall pay the price for the Services in accordance with this clause and Schedule 1 (payment methods). The prices include related fees, Value Added Tax (VAT), other applicable taxes and expenses in connection with the provision of Services.
9.1.1 If We quote a special offer price payable for Services, which We may offer from time to time, the special offer will be valid for the period shown in the advertisement, either on Our Site or in Our written communication to You. Orders placed during this period will be accepted at the special price.
9.2. Price increases:
9.2.1 We may change Our Prices for one-off check requests at any time but these changes will not affect orders that We have already accepted.
9.2.2 We may change Our Prices for subscription memberships by giving you notice by email at least 28 days before any price change takes effect. If You do not agree with the price change, You may cancel Your subscription or stop using Our Services as soon as possible before the change takes effect to ensure You are not bound by the new pricing terms.
9.3. You shall pay the fees for the Services via Debit Card, Credit Card or Direct Debit or any other means made available by Social Media.
9.4 To the extent applicable, depending upon the chosen payment method, You shall pay fees submitted by Social Media:
9.4.1 immediately upon requesting the check in full, cleared funds to a bank account nominated by Social Media; or
9.4.2 in accordance with any special payment arrangements agreed with Social Media and in full, cleared funds to a bank account nominated by Social Media.
9.5 For all payments, You acknowledge and agree that all payments for the Services will be processed through a third-party payment provider. By making payment for the Services, You agree to be bound by the terms and conditions and privacy policy of the third-party payment provider. Social Media is not responsible for any issues, disputes, or fees related to transactions conducted via the third-party provider.
9.6. All sales in respect of the Services are final. No refunds shall be given by Social Media for any amounts paid for the Services except as provided by Clause 2.3.4 of these Terms.
10. Term, Termination and Limitation
10.1. These Terms of Service apply to both one-off requests for Services and ongoing subscriptions for recurring Services.
10.1.1. One-off requests: If You request a one-time Service for a single social media background check, these Terms of Service will apply from the Commencement Date until the completion and delivery of that Service. Once the Service is fulfilled, these Terms will automatically end unless and until a further request is submitted.
10.1.2 Subscription Services: If You subscribe to receive recurring Services, these Terms of Service will begin on the Commencement Date and will continue on a rolling monthly basis unless and until You cancel Your subscription or delete Your account, subject to Clause 2.3.4 of these Terms.
10.2. You may terminate these Terms of Service via Our Dashboard as provided by Clause 2.3.4 of these Terms.
10.3. Upon termination, payment for outstanding Services will not be affected by termination.
10.4. Should You violate these Terms of Service, this may result in immediate termination of these Terms of Service or in temporary or permanent limitation of Your ability to use the Services. The actions to be taken by Social Media in such cases may include:
10.4.1. removing or suspending access to Reports;
10.4.2. limiting or removing access to any Services and
10.4.3. closing account/s as required in Social Media’s reasonable business judgment to enforce these Terms of Service.
11. Miscellaneous
11.1. All notices to be given to Social Media under these Terms of Service shall be sent to helpme@right2socials.co.uk.
11.2. Only Social Media and You have the right to enforce these Terms of Service. Under the Contract (Rights of Third Parties) Act 1999, a third party is not able to enforce any part of these Terms of Service.
11.3. Unless otherwise specified in these Terms of Service, nothing in these Terms of Service is intended to, or shall operate to, create a partnership between the Parties, or to authorise either Party to act as agent for the other, and neither Party shall have authority to act in the name of or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
11.4. These Terms of Service are intended to reflect a fair balance between Your rights and Social Media’s legitimate business interests. They have been written with transparency in mind and form the basis upon which prices for Services are determined. .
11.5. The following are hereby incorporated to these Terms of Service by reference:
11.5.1. Terms of Use of the Site and Dashboard [Link];
11.5.2. Privacy Policy;
11.6. In the event of any inconsistency between the terms of these Terms of Service, the terms of the Privacy Policy and the Terms of Use of the Site and Dashboard, the provisions of these Terms of Service shall prevail unless otherwise expressly stated by Social Media.
11.7. You may not assign or otherwise transfer any of Your rights hereunder without Social Media’s prior written consent, and any such attempt is void.
11.8. By using Social Media services, You agree not to make defamatory, false, or harmful comments about Social Media, knowingly or otherwise, including but not limited to publishing or causing to be published negative comments, complaints, or derogatory statements in any format (e.g. print, newspaper, social media, blogs, forums, internet complaint sites, television, radio or other public forums). If You do post negative content that violates this agreement, Social Media reserves the right to take legal action as necessary, which may include seeking damages or other appropriate remedies.
11.8.1. This clause does not prevent You from sharing honest feedback provided such comments are not misleading or unlawful. Genuine queries or complaints should be lodged through the appropriate channel and Our complaints procedure can be found at below at clause 12 and in our FAQs at https://right2socials.co.uk/faqs/.
11.9. If any provision of these Terms of Service is determined to be void, illegal or unenforceable, it will be deemed automatically adjusted to the minimum extent necessary to conform to applicable requirements of validity, legality, and enforceability and, as so adjusted, be deemed a provision of the Terms of Service as if it were originally included herein. In any event, the remaining provisions of the Terms of Service will remain in full force and effect.
11.10. Failure of any Party to enforce any of its respective rights or remedies hereunder with respect to any specific act or failure to act by any Party will not constitute a waiver of the rights of that Party to enforce those rights and remedies with respect to any other or subsequent act or failure to act.
12.1 What you can complain about
12.1.1 You can make a complaint about:
The service you received from us
How we handled things
The behaviour or professionalism of our staff
Delays or issues with our service
12.2 What is not included
12.2.1 Complaints do not cover:
General questions about our services
Legal disputes
Data requests (like subject access requests)
Refunds or cancellations (unless part of a complaint)
12.3 How to make a complaint
12.3.1 Please email us at complaints@right2socials.co.uk. To help us handle your complaint, include:
Your name and contact details
Any order or reference numbers
Who or what your complaint is about
What happened, when, and who was involved
Any evidence or documents you have
What you’d like us to do to put things right
How we handle complaints
We’ll aim to resolve your complaint fairly and quickly.
We’ll confirm we’ve received it within 5 working days and give you a complaint reference.
If it’s about a specific person, they’ll be told and given a chance to respond but the complaint will not be handled via that person.
If we need more information from you, we’ll get in touch.
We aim to give you a full response within 28 working days. If it takes longer, we’ll let you know why.
Once we’ve finished our review, we’ll tell you what we found and what we’re doing about it.
If your complaint relates to personal data and you’re not happy with our final response, you can contact the Information Commissioner’s Office (ICO): https://ico.org.uk for external resolution.
Privacy and Confidentiality
We keep your complaint private and only share it with staff who need to know.
We might use anonymised complaints for training or quality checks.
We handle your personal information in line with UK data protection laws. For more details, see our [Link Privacy Policy – right2socials].
13. Force Majeure
13.1. Social Media shall not be liable for failure to perform its obligations under these Terms of Service as a result of events beyond its control. Social Media shall undertake to notify You of its inability to perform its obligations within 48 hours of becoming aware of such an event.
13.2. Such events include, but are not limited to:
13.2.1. acts of God;
13.2.2. strikes, lockouts or other industrial disturbances;
13.2.3. wars, blockades, riots, epidemics, landslides, lightning, earthquakes, fires, storms, civil disturbances and terrorism;
13.2.4. Interruption of electricity, telephone, internet or other supplies outside the control of the Party subject to the event.
13.3. If an event outside of Our control occurs and You wish to cancel the Agreement, you may do so without liability in accordance with your right to cancel under sub-Clause 2.3.4. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 calendar days of Our acceptance of Your cancellation notice. No administrative fee will be charged in these circumstances however You will remain liable for any outstanding fees or obligations incurred before the effective date of termination. You can contact refunds@right2socials.co.uk for assistance.
13.4. If an event outside of Our control occurs, We may cancel the Agreement without liability and inform You of the cancellation immediately. You will remain liable for any outstanding fees or obligations You incurred before the effective date of termination. Any refunds due to You as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 calendar days of Our cancellation notice. You can contact refunds@right2socials.co.uk for more information.
14. Disputes, Choice of Law, Jurisdiction
14.1. In the event that You have a problem or difficulty with Social Media or the Services, You should first contact Social Media. You must make a reasonable effort to solve the issue with Social Media directly prior to engaging legal action. Similarly, Social Media will make reasonable business efforts to solve problems directly with You prior to engaging legal action.
14.2. These Terms of Service shall be governed by and construed under the laws of England and Wales. In the event of any conflicts between foreign law, rules, and regulations, and English and Welsh law, rules, and regulations, English and Welsh law, rules and regulations shall prevail and govern. Each Party agrees to submit to the exclusive and personal jurisdiction of the courts located in England and Wales.
Schedule 1 (Payment methods)
Payment methods
For single check requests: You shall make the required payment via Our trusted payment provider prior to requesting the check.
For subscription payments:
Authorisation
By agreeing to these Terms of Service, You authorise Social Media to collect payments for the Services via Direct Debit from Your designated bank account. This authorisation is valid for the duration of Your subscription with Social Media.
Payment Schedule
Payments will be collected pursuant to the following schedule:
2.1 Upon subscribing to the Services, the initial subscription fee will be debited from Your designated bank account immediately.
2.2 Thereafter, the recurring subscription fee will be debited on the same day of each month. After the initial payment, Your subscription fee will be charged on the same day each month. If You subscribed on the 31st and a month has fewer days, the charge will occur on the last day of that month (e.g. the 30th or 28th). For leap years, if Your billing date is 29th February, future charges will be made on 28th February in non-leap years. You agree to ensure that sufficient funds are available for each payment.
Schedule 2 – Your acknowledgements and consent
1. Your acknowledgement of the lawful bases
1.1 In accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, Social Media’s lawful basis for processing Customer Personal Data is defined at article 6 UK GDPR, namely:
processing is necessary for the performance of a contract to which the Data Subject (You) is party or in order to take steps at the request of the data subject prior to entering into a contract
1.2 By registering an account, making payment for the Services (one-off checks or a recurring subscription arrangement) and placing a request for the Services, You acknowledge and understand that Social Media will perform social media screening of Your publicly available online platforms as part of the contract between Social Media and You.
2. Lawful bases to process special category data
2.1 You acknowledge and understand that for Social Media to process special category data, it must have an article 6 legal basis and an article 9 legal basis under UK GDPR. You understand that:
2.1.1 The article 6 legal basis is processing is necessary for the performance of a contract to which the Data Subject (You) is party or in order to take steps at the request of the Data Subject (You) prior to entering into a contract
2.1.2 The article 9 legal basis is the processing relates to Personal Data which are manifestly made public by the Data Subject (You);
2.2 Special category data that Social Media may process in the course of delivery of Services if published by You on publicly available online platforms:
Racial or ethnic origin: Public online activity indicating Your race or ethnicity.
Political opinions: Public online activity indicating Your political views.
Religious or philosophical beliefs: Public online activity indicating Your religious affiliation or spiritual beliefs.
Trade union membership: Public online activity indicating Your involvement in a trade union or participation in union activities.
Health data: Public online activity indicating Your physical or mental health conditions, disabilities, or medical treatments.
Sex life or sexual orientation: Public online activity indicating Your sexual orientation or sexual activity.
By using Our Services, You acknowledge that We may process certain special category data as above, that You have manifestly made public on social media platforms. This processing is done based on Article 9(2)(e) of the UK GDPR, which allows the processing of special category data if it has been intentionally and publicly disclosed by You.
If You have shared special category data publicly on platforms such as social media, We may process this data as part of Our screening to fulfil the purposes of the Services, as per these Terms of Service. This Processing will be limited to the data that is publicly available and directly relevant to the scope of the Services requested by You.
Your Personal Data will be securely stored and handled in line with Social Media’s privacy policy and these Terms of Service.
You acknowledge that the results of Your check(s), Personal Data and OSINT information may be anonymised and used for service improvement, statistical (including the Dashboard benchmarks and averages statistics), analytical, and research and development (including of AI) purposes. Once anonymised, the data will no longer be linked to You and will be processed in compliance with applicable data protection laws.
3. Your consent to process criminal offence data
3.1 You acknowledge and understand that for Social Media to process criminal offence data, it must have an article 6 legal basis and, under article 10,it must only process criminal offence data if the processing is either: under the control of official authority; or authorised by domestic law. You understand that:
3.1.1 The article 6 legal basis is processing is necessary for the performance of a contract to which the Data Subject (You) is party or in order to take steps at the request of the Data Subject (You) prior to entering into a contract.
3.1.2 The condition under Schedule 1 DPA 2018 is You have given consent to the processing (Schedule 1, Part 3, paragraph 29) as below, satisfying the requirement for authorisation by domestic law. You understand that without this consent, Social Media is unable to provide any part of the social media screening or results verification service. You may withdraw Your consent at any time via the Dashboard or by contacting helpme@right2socials.co.uk. Withdrawal does not affect the lawfulness of processing based on consent before its withdrawal. If you withdraw your consent before a screening request or results verification request is complete, We will be unable to continue and may have to cancel your request. Any applicable refund will be handled in accordance with these Terms of Service.
Your explicit consent for processing criminal offence data
3.2 Criminal offence data that Social Media may process in the course of delivery of Services if publicly available on online platforms:
Published judgments
Published articles referring to crimes or criminal allegations
Publicly available sources containing information about crimes or criminal allegations
You hereby explicitly consent to Social Media collecting and processing the above criminal offence Personal Data for the purposes of conducting social media screening, as outlined above. You understand this will be done for the purpose of completing the Services pursuant to the contract between You and Social Media. You understand that:
The criminal offence data above will only be used for the stated purpose of social media screening and not for any other reason without Your consent.
You can withdraw Your consent to the processing of criminal offence data for the social media screening at any time via Our Dashboard.
Your Personal Data will be securely stored and handled in line with Social Media’s privacy policy and these Terms of Service.
You acknowledge that the results of Your check(s), Personal Data and OSINT information may be anonymised and used for service improvement, statistical (including the Dashboard benchmarks and averages statistics), analytical, and research and development (including of AI) purposes. Once anonymised, the data will no longer be linked to You and will be processed in compliance with applicable data protection laws
Schedule 3 – Processing Personal Data
1. Data Controller
Social Media (“we,” “us,” or “our”) acts as the Data Controller for the processing of Customer (“You” or “Your”) Personal Data when providing social media screening services directly to You.
2. Purpose of processing
We process Your Personal Data to create Your account with Us and conduct a social media screening based on Your request and provide a results verification service. The purpose of this screening is to:
Identify potentially adverse or relevant content from Your publicly available social media activity.
Provide You with a Report highlighting key findings.
Provide you with results verification which means you can share your check result with third parties, such as an employer or company for verification.
Additionally, Social Media may anonymise Personal Data, OSINT information and check results and use it for service improvement, statistical (including the Dashboard benchmarks and averages), analytical, and research and development (including of AI) purposes . Any anonymised data will be processed in a way that ensures individuals cannot be identified, in compliance with applicable data protection laws.
3. Categories of Personal Data processed
We may process the following types of Personal Data:
Basic information: full name, email address, telephone number, nationality, gender, date of birth
Your selfie photograph obtained from the identity verification process for account creation.
Your image(s) associated with your details, such as your phone number or the social media URL you provide to us.
Employment information: current or former employers, job applied for, country of employment, industry sector of employment
Social Media Profiles: online usernames, online public information (OSINT) from Your social media platforms or other platforms with relevant content identifying You
OSINT includes posts, comments, images, videos, shared content, connections and interactions.
Other publicly available data relevant to the scope of Services such as information from blogs, forums, and other online sources including items listed at Schedule 2, 2.2 of these Terms.
4. Processing of Special Category and Criminal Offence Data
4.1 As part of the screening, We may process special category data as detailed in Schedule 2 of these Terms of Service. Regarding special category data, the article 9 legal basis is the processing relates to Personal Data which are manifestly made public by the Data Subject (You). Regarding criminal offence data, We will only process this with Your explicit consent as provided in Schedule 2 of these Terms.
5. Legal basis for processing
We process Your Personal Data on the following legal bases:
Article 6(1)(b) & Article 9(2)(e) UK GDPR): the processing is necessary for the performance of a contract to which You are party with Social Media, and the article 9 legal basis is the processing relates to Personal Data which are manifestly made public by the Data Subject (You).
Schedule 1 DPA 2018: You have given consent to the processing (Schedule 1, Part 3, paragraph 29 DPA 2018), satisfying the requirement for authorisation by domestic law.
For biometric data, Article 6(1)(b) & Article 9(2)(a): the processing is necessary for the performance of a contract to which You are party with Social Media, and the article 9 legal basis is Your explicit consent.
Legitimate Interests (Article 6(1)(f) UK GDPR): We may anonymise elements of Your Personal Data and social media check results for service improvement and/or analytics, statistics or research purposes. Anonymisation shall be irreversible and will not be able to identify You. Where We rely on Our legitimate interests, We have conducted a Legitimate Interests Assessment (LIA) to ensure your interests and rights are not overridden.
6. Data retention
Your Personal Data will be retained until deletion of Your registered account.
Upon account deletion, elements of Your Personal Data, OSINT information and check results may be irreversibly anonymised for analytics, statistics and research and development (including of AI) purposes or shall be securely deleted except where retention is required by law, regulatory reasons or in connection with legal claims.
Our trusted identification verification provider retains your Personal Data for 30 days after which it is deleted from their systems.
7. Data sharing and third parties
Social Media Consulting Limited operate under several brand names, including right2socials. To deliver Your requested services, We may share Your data securely via APIs with Our internal brand systems. This is done strictly for the purposes of processing Your screening request, delivering results to You and enables the results verification services.
We do not sell or share Your data with third parties for marketing purposes.
We may be required to disclose data if requested by law enforcement or regulatory authorities.
As part of the Services, You acknowledge that the results of Your social media check, but not Your full Reports, may be shared with a company, employer, or prospective employer that requests verification of Your check results against Your Social Digital Record Number through Social Media.
8. Security and organisational measures
8.1 We take reasonable technical and organisational measures to ensure the security of Your Personal Data, including encryption, secure storage, and access restrictions.