PeopleCert Online Terms of Service

 

These Terms of Service (“Terms”) apply to:

 

• use of websites and associated online services (together “Online Services”) operated by companies in the PeopleCert group (together “PeopleCert” or “we”); and
• sales of books and other physical products via the Online Services.

 

Additional terms may apply to specific PeopleCert services, including the Service-Specific Terms below and other terms that are communicated to you. These Terms do not apply to services and transactions of PeopleCert Partners under a partner agreement, for which the terms and conditions therein are applicable.

 

1. Acceptance and Conditions of Use

 

Registered users of Online Services, including users who pay for Online Services via a third party and/or voucher, are required to accept these Terms. If you intend to use our Online Services as a visitor, you must comply with these Terms (if you do not agree please do not use the Online Services). Both registered users and visitors of the Online Services are referred to in these Terms as “Users.”

As a User, you agree to be bound by these Terms for the duration of your use of the Online Services. If you wish to terminate your relationship with PeopleCert and stop using the Online Services, you may do so at any time by ceasing to use the platform and contacting PeopleCert to request that your account be deleted. Your outstanding obligations to PeopleCert, including but not limited to payments due, must be fulfilled upon termination.

If you breach any of these Terms, your authorization to use the Online Services is terminated. PeopleCert also reserves the right to terminate your use of the Online Services at any time in its discretion, subject to any obligations to deliver services for which you have paid.

Upon termination, you must immediately destroy any materials downloaded from the Online Services unless you have bought such materials.

 

2. Prohibited Conduct

 

Users shall not, directly or indirectly, perform any of the following actions:

 

a. Transmit, install, upload, or otherwise transfer any content, software, malware, advertisement, communication, or other item or process to the Online Services which in any way impairs their use, or adversely affects PeopleCert’s computers, servers, or databases.

b. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Online Services.

c. Remove or modify any copyright, trademark, legal notices, or other proprietary notices from the content available via the Online Services.

d. Breach or bypass the Online Services’ security mechanisms, or attempt to do so – this includes accessing any data or server you are not authorized to access.

e. Use any device (such as a “web crawler” or other automatic retrieval mechanism or other means) to harvest information about the Online Services, other Users, or PeopleCert.

 

3. Confidentiality of Certification Process and Materials

 

The entire certification process is confidential. Examination and certification services (“Certification Services”) are made available to individuals solely for their own assessment. In connection with Certification Services, you undertake the obligation to comply with applicable Candidate Certification Guides, which are made available upon registration. You are expressly prohibited from disclosing, publishing, reproducing, or transmitting any material related to the certification process, in whole or in part, in any form or by any means, including visual, aural, verbal, written, electronic, or mechanical, for any purpose, without the prior express written permission of PeopleCert.

 

4. Access to Online Services

 

If you access the Online Services using a Username (e.g. Candidate ID) and a Password (e.g. Examination PIN) received from us, you are responsible for maintaining the confidentiality of your Username and Password, and for restricting access to any computer while logged in with your Username and Password. Your account is strictly personal, and should not be shared or transferred to anyone else. You agree to accept responsibility for all activities that occur under your Username and Password. PeopleCert may terminate user accounts at its sole discretion for any violation of these requirements or of Candidate Certification Guides.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment, and Internet service necessary for use of the Online Services. You will be notified by email where any such hardware, software, equipment, and service is required. This information is also available in the “Overview” section of your PeopleCert account on https://peoplecert.org/overview.

PeopleCert will make all commercially reasonable efforts to provide uninterrupted access to the Online Services. However, PeopleCert does not warrant availability of the Online Services. Unavailability of the Online Services may occur due to factors outside of PeopleCert’s control. The Online Services may be unavailable due to periodic maintenance or related reasons, and in such cases PeopleCert will take all commercially reasonable steps to restore access within a reasonable period. The term “commercially reasonable” means reasonable efforts taken in good faith without an undue or burdensome use or expenditure of time, resources, personnel, or money.

 

5. Intellectual Property Rights

 

This Online Service and all information they contain (“Materials”) are proprietary to PeopleCert and its licensors, who reserve all intellectual property rights in all materials included in the Online Services, except that PeopleCert grants you a limited, non-exclusive, non-transferable license to use the Online Services to which you have access in accordance with these Terms.

You should assume that everything you see, read, and hear on the Online Services (such as products, trademarks, logos, service marks, images, video, audio, photographs, illustrations, text, testimonials, and other materials) is copyright and/or trademark protected. PeopleCert® and PeopleCert Certified® are registered trademarks of PeopleCert. For further information on other trademarks you see on the Online Services, please visit our site.

 

Acknowledgements

 

You may not sell, reproduce, distribute, modify, display, prepare derivative works of, re-post or otherwise use, store, or distribute any Materials without the written consent of PeopleCert. PeopleCert reserves the right to take legal action in case of any breach of these rights and restrictions.

 

6. Materials Provided “As Is”

 

The Materials have been prepared to provide information about PeopleCert and its products and services. While PeopleCert has taken reasonable care in the preparation of the Materials, the Online Services and Materials are provided on an "as is" basis and without warranties of any kind with regard to the accuracy, completeness, or usefulness of any information. All warranties, whether statutory or implied (including fitness for purpose, satisfactory quality, and timely delivery), are hereby expressly excluded to the fullest extent permitted by law.

 

7. Purchases and Credit Card Payments

 

PeopleCert offers products, exams, and services for purchase remotely and electronically. Any shipping charges for books and other physical products will be charged at the time of sale.

Credit card payments are processed securely by our selected payment processors and are not accessed by PeopleCert. A charge from www.peoplecert.org will appear on your credit card statement for any purchase.

 

8. Cancellation, Refunds and Rescheduling

 

If you have made a purchase by mistake or have changed your mind, you have the right to cancel your purchase by filing a written request of cancellation within 14 days of your initial payment as follows:

 

i. Exams: If you have not booked a specific exam date, cancellation can be made within 14 days from your initial purchase. If you have booked a specific exam date, cancellation can be made within 14 days from your initial purchase, provided that this date is at least 14 days prior to the exam date.

 

ii. Memberships:

 

a) Cancellation can be made within 14 days from your initial purchase. If you began the use of the membership service within such 14 days’ period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your cancellation. Upon cancellation, access to a membership service will continue until the end of the current subscription period. No refund will be provided for any partial subscription periods, except as expressly stated in these Terms.

 

b) Cancellation for any automatic renewal term must be given prior to renewal, subject to point (c).

 

c) In the case of a price increase greater than inflation or other major change to the service that negatively impacts you, you have the right to cancel within 30 days of the date of the change or our notice to you of it.

 

iii. Physical Books: Cancellation can be made before shipment (so long as within 14 days from order). You may return a book within 14 days from receipt of the book, provided that you pay for return shipping and the book is undamaged. If there is a problem with your book, please get in touch with us within 5 days from receipt of the book to request a replacement.

 

iv. E-Books: E-books purchased together with an exam may be cancelled only when the exam is cancelled (see terms above). Cancellation for e-books purchased separately can be made up to 14 days from your initial purchase.

 

v. PeopleCert Official Training Materials: Official Training Materials purchased together with an exam may be cancelled only when the exam is cancelled (see terms above). Cancellation for Official Training Materials purchased separately can be made up to 14 days from your initial purchase.

 

vi. Rescheduling: If you have booked a specific exam date and would like to reschedule your exam, you may do so via your PeopleCert account. A reasonable fee may apply.

 

vii. Late/No Shows: If you fail to attend a scheduled exam within 10 minutes after the designated start time, you will not be able to take the exam and no refunds are available. You may reschedule the exam via your PeopleCert account, and increased rescheduling fees will apply because of the non-attendance.

 

All requests for cancellation or refunds must be emailed to customerservice@peoplecert.org. In the event of an appropriate cancellation request, PeopleCert will provide you with a refund. Refunds will always be made to the same credit card used for purchase. If you have purchased a voucher from an Accredited Training Organization (ATO) or other PeopleCert partner, any cancellation or refund request should be made to the ATO or partner.

 

9. Links to Third Party Websites

 

The Online Services may provide links to other websites maintained by third parties. PeopleCert has no responsibility for the content in any linked website. PeopleCert does not endorse or make any representations about such sites, or any information, software or other products, services or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked from the Online Services, you do this entirely at your own risk.

 

10. Changes to Products and Services

 

Products and services available via the Online Services and their prices are subject to change and removal without notice. PeopleCert will not be responsible for any additional costs, delay or liability which you or your company or agents may incur as a result of such changes.

 

11. Applicable Law and Disputes

 

These terms and conditions are governed by the laws of England and Wales and any dispute relating to the Terms and conditions shall be subject to the jurisdiction of the courts of England, except to the extent you have additional rights under your local law. You agree to indemnify PeopleCert for any claims or damages resulting from your breach of the Terms.

 

12. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEOPLECERT, ITS SUPPLIERS, AND OTHER THIRD PARTIES ASSOCIATED WITH THE ONLINE SERVICES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST TIME OR INTERRUPTION, LOST BUSINESS OR ANTICIPATED SAVINGS) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PEOPLECERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR ADDITIONAL SUPPORT, SERVICING OR REPAIR, YOU ASSUME ALL COSTS THEREOF. Nothing in this clause shall exclude PeopleCert’s liability for personal injury resulting from negligence or for fraud.

 

13. Amendments

 

We may revise these Terms to reflect changes in PeopleCert products or the law, or for other reasons, and the revised Terms will be posted on this page. If we make any material change to the Terms and you are a registered User, we will notify you. If you use the Online Services after changes have been notified, you will be deemed to have accepted the amended Terms.

 

 

14. Severability

 

If a provision of these Terms is or becomes illegal, invalid, or unenforceable, that shall not affect the legality, validity, or enforceability of any other provision of the Terms.

 

 

Service-Specific Terms

 

 

Take2 re-sit exam option

 

Take2 is an optional add-on service offered for all exams, and may be purchased up to 15 minutes before sitting an examination. Take2 is not available for purchase after a failed exam. 

Take2 provides a re-sit voucher when the initial exam linked to it has a “fail” result. Candidates must schedule and take the re-sit exam within 6 months from the date of their initial exam. 

Take2 is exam-specific. It cannot be used for any other offering and is valid only for the exam originally purchased. 

Failure to show up for a Take2 exam appointment or not rescheduling the appointment prior to its scheduled time forfeits the candidate’s ability to use the Take2 voucher. 

Take2 is not transferable, non-refundable, and cannot be redeemed for cash or credit, including if the first exam is passed and the Take2 voucher is therefore not needed.

 

 

Marketplace

 

PeopleCert’s marketplace (“Marketplace”) is available to entities that have a partner agreement with PeopleCert. To make purchases through the Marketplace, please access https://www.peoplecert.org/Partners by using your Passport login credentials. 

After accessing the Marketplace, simply insert the items/books you wish to purchase into the virtual shopping basket and then complete the purchase. You may order items individually or in bulk. 

Prices of items are provided in the Marketplace. Shipping costs and expected delivery times are specified in the Marketplace depending upon your selected shipping method. 

Orders will be confirmed when placed, and processed for shipment after receipt of payment. 

 

 

PeopleCert Membership service

 

1. If you wish to use PeopleCert Membership services, you are required to create an account as part of the subscription process. After subscribing, you can access the service options at https://www.peoplecert.org/Membership using your login credentials, for as long as your subscription remains active.
2. Certain options are provided to you free-of-charge. Other options require payment before you can access them (the "Paid Subscriptions"). A description of our subscription plans’ options is provided to any individual upon the creation of a PeopleCert account, and is available at https://www.peoplecert.org/Membership. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
3. Paid Subscriptions are available on a monthly or annual basis. Paid Subscriptions will automatically renew at the end of the current period unless terminated or downgraded.
4. Subscribers can upgrade their membership plan and manage their profile in the account management area of the PeopleCert site.
5. You can cancel your subscription at any time by requesting the deletion of your PeopleCert account. Account deletion request can be made through the profile section or by contacting our helpdesk at customerservice@peoplecert.org.
6. If your subscription is cancelled or expired, you may lose access to certain features without further notice from PeopleCert.

 

PeopleCert Official Training Materials

 

1. Candidates whose PeopleCert exam includes access to Official Training Materials can access the materials for their course (and download them for offline study) via the Candidate’s portal. Access is provided for 5 years from the date on which the Candidate redeems the voucher. 
2. Official Training Materials are provided using Canvas LMS software provided by Instructure. Use of Official Training Materials is subject to the Instructure Acceptable Use Policy available at https://www.instructure.com/policies/acceptable-use.

 

Last updated: 12 February 2024

 

 

m. Suppliers

 

We collect data on suppliers of goods and services to manage our relationships with them. This information may include personal details of supplier representatives.

 

Type of data	Legal basis	Retention Period
Full name of company representative, VAT number, phone number, email address, bank accounts	Our legitimate interests in managing our supplier relationships; performance of a contract with you	Personal Data are retained for fifteen (15) years from the termination of the contract

 

n. Marketing communications

 

If you have opted in to receiving marketing communications, PeopleCert may occasionally contact you via various means (e.g., email, SMS) to inform you of new PeopleCert products and services, and other PeopleCert developments. Our partners and Test Owners are not permitted to use your Personal Data for marketing or similar purposes unless specific consent has been given by you. You have the option of opting out of such communications at any time, by using the “unsubscribe” links in the communications or by contacting us at dataprotection@peoplecert.org. Additionally, we may collect directly or indirectly (from our partners) your contact details during corporate events and we may contact you in order to promote our new products or/and services.

 

Type of data	Legal basis	Retention Period
First/Middle name, last name, email address, telephone number	Consent; Our legitimate interest in promoting our products and services	Up to three (3) years from the data subject's consent or until you request deletion of your Personal Data

 

o. Cookies

 

PeopleCert uses cookies on its websites to optimise user experience, enhance security and combat fraudulent and/or malicious web activity. You can adjust your browser settings to refuse or accept cookies. For more information about cookies, please check our Cookie Policy.

 

3. With whom PeopleCert shares your personal data

 

We never sell your Personal Data or disclose it to third parties for marketing purposes (if Test Owners whose examinations you take market other services to you, it is their responsibility to comply with applicable data protection legislation). We may disclose Personal Data to third parties in the following circumstances:

• to other PeopleCert companies
• if we have obtained your consent to do so
• as part of the Certification Services, including:
  • during examination sessions, through contact between Candidates and examination staff
  • sharing with Test Owners
• by disclosing your examination results:
  • as part of a Certificate Verification Service (CVS)
  • to a Partner through which you took your examination, for sharing with you
  • as requested by your employer or other person or entity who booked an examination on your behalf (directly or via a Partner)
• to providers who support PeopleCert’s services, with appropriate agreements to ensure the Personal Data is used only for these supporting services and in accordance with this Privacy Policy
• when we are required by law or court order, or requested by a regulatory or governmental authority legally authorised to request such disclosure
• where we suspect fraudulent activity on SELT exams, we will share your information with the UK Home Office who will take appropriate enforcement action
• if you are suspected and/or investigated for examination malpractice
• to the UK Home Office, if you have participated in Secure English Language Tests (SELT) in order to obtain a visa in the UK
• if required to protect the rights, property or safety of PeopleCert, its business partners or Test Owners

 

4. Transfers of personal data to third countries

 

Whenever we transfer your Personal Data out of the European Economic Area (EEA), we ensure that your Personal Data is protected in accordance with applicable law, including through contractual commitments where required.

If you or the Partner through which you took your examination are based outside the EEA, we transfer your Personal Data to you or the Partner in order to establish or perform a contract with you, or otherwise with your consent.

In other circumstances, we will only transfer your Personal Data to third countries that have been deemed to provide an adequate level of protection for personal data by the European Commission, or where there are appropriate safeguards or other bases for transfer under applicable law. For example, we may transfer your Personal Data to the United Kingdom based on the adequacy decision for the United Kingdom. Appropriate safeguards to protect your Personal Data may include Standard Contractual Clauses adopted by the European Commission.

 

5. Your Rights

 

If you wish to exercise any of the rights set out below, please complete the GDPR Data Request Form and send it to the PeopleCert Data Protection Officer at dataprotection@peoplecert.org.

 

 

6. How we protect your personal data (data security)

 

We use appropriate technical and organisational measures to protect Personal Data from unauthorised use, access, disclosure, alteration or destruction. These precautions include physical, electronic and operational procedures in compliance with the ISO 27001 and Cyber Essentials standards. These are indicatively:

 

• measures to ensure that data processing systems cannot be used by unauthorised persons
• measures to ensure that persons authorised to use data processing systems have access only to the data for which they have been authorised
• measures to ensure that during electronic transmission, or during transfer, or recording, personal data may not be transmitted, copied, altered or removed by unauthorised persons
• measures to verify whether and by whom personal data have been entered, modified or deleted in data processing systems
• measures that ensure that personal data processed by third parties are processed only in accordance with our instructions
• measures to ensure that data collected for different purposes, are processed separately

 

7. Laws in other countries

 

At PeopleCert, we are committed to complying with all applicable privacy laws in the countries where we operate our services. Some countries have privacy laws or regulations that may grant you additional rights beyond what is stated in this Privacy Policy. If you believe that you have such rights, please inform us. We are committed to addressing any valid privacy requests promptly and in accordance with the relevant laws.

 

a) US Family Educational and Privacy Act (“FERPA”)

 

PeopleCert complies with FERPA where it is applicable. In this section, “Education Record” and “Directory Information” have the definitions provided in FERPA. In particular, we:

 

• do not disclose a student’s Education Record without obtaining the prior written consent of the student or the student’s parent, unless disclosure falls within one of the exceptions listed below in this section 7;
• may disclose personal data that is part of an Education Record where the information is shared with:

  (i) a school official with a legitimate educational interest in the record,

  (ii) an official for an audit or evaluation,

  (iii) appropriate parties in connection with financial aid,

  (iv) appropriate officials pursuant to a health or safety emergency,

  (v) juvenile justice authorities under state law,

  (vi) accrediting agencies and/or

  (vii) an organisation conducting certain studies for or on behalf of the school, or pursuant to a judicial order or subpoena;

• may disclose Directory Information without prior consent of the student or the student’s parent, subject to applicable rights to restrict the disclosure of such information.

 

8. Third party links

 

Our websites may include links to third-party websites or applications. Clicking on those links may allow third parties to collect or share your data. We do not control these third-party websites and applications and are not responsible for their privacy notices. We encourage you to read the privacy notices of third-party sites that you visit.

 

9. Amendments to the privacy policy

 

This Policy is updated when necessary. If there are significant changes in our Policy, we will make reasonable efforts to inform you (by any appropriate means).

We encourage you to read this Privacy Policy from time to time to stay informed about the processing of your personal data by PeopleCert.

 

10. Contact details and complaints

 

For any questions, requests, clarifications or complaints about the processing of your personal data, please contact the PeopleCert Data Protection Officer:

By letter: to any of the addresses in section 1 of this Policy

By e-mail: dataprotection@peoplecert.org

If you believe that we have not addressed a problem with processing of your Personal Data, you may lodge a complaint before the data protection authorities in your country.

 

Cookies Policy

At PeopleCert, we use this technology, in order to offer an improved user experience and better services.

What options do I have?

You have three options. You may either proceed with the acceptance of all cookies and other mechanisms (“Accept all”), which will enable you to access all our website functions, you may refuse any non-necessary cookies (“Accept only necessary”) or you may proceed with the customization of your cookie settings (“Confirm my choices”). The latter two choices may impair your website experience.

Necessary cookies are installed upon your website visit. As they are strictly necessary either from a technical perspective, or to offer you the website services or functionalities of your choice, applicable law allows us to install them without requiring any action or consent from you. By selecting the button “Accept only necessary”, which you will find next to the initial basic information that we provide, you continue your browsing only with the Necessary cookies. We will remember your choice for a year. When this period is over, or if you visit us from another device or a different browser, we will ask you again. Unfortunately, if you do not wish for Necessary cookies to be installed at all, you should not use our services and manually delete the cookies that have already been installed on your browser.

Preference, Performance and Targeting cookies are installed if you select the “Accept all” button, which you will find next to the initial basic information that we provide, as well as underneath the expanding full notification (banner). We will remember your choice for a year. When this period is over, or if you visit us from another device or a different browser, we will ask you again. 

By selecting the button “Confirm my choices”, which you will find underneath the expanding full notification (banner), any of the Preference, Performance or Targeting cookies will be installed, if you have ticked the relevant box. If you have not ticked any of the boxes and select “Save settings”, then only Necessary cookies will be installed. We will remember your choices for a year. When this period is over, or if you visit us from another device or a different browser, we will ask you again. 

Change of settings – Withdrawal of consent

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At any time, you may change for future use, the choice you have made with respect to cookies and similar technologies on our website. At the bottom of this Policy, you will find the button: “Cookies settings”. Regardless of what was your selection the last time we asked you through a pop-up banner if you accept the installation of cookies and similar technologies, you can decide again easily, directly and free of charge, through the pop-up banner, which will emerge again after selecting the “Cookies settings” button.

For example, if you had selected “Accept” and you changed your mind, you may select at the new pop-up banner any (or none) of the cookie categories you want to and then select “Save settings”. This action would act as a withdrawal of the consent you had already given to us and it would apply for future use, namely from this change onwards, our website will not use (these particular) cookies and similar technologies on your device. In case you also wish to remove the cookies that had already been installed on your device before the withdrawal of your consent, then you may do so manually by following the instructions that you will find in the “Control via browser settings – Removal of cookies” section below.

Control via browser settings – Removal of cookies

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You may also control and manage the cookies via the settings of the browser you use. Some of your options (depending on the browser) are, for example, acceptance of all cookies, notification before installation of cookies or the ban of their installation.

Through the settings of your browser, you may reverse any installation of cookies and similar mechanisms by our website, by deleting the files already stored.

In order to manage and deactivate cookies, you may follow the relevant instructions per browser:

• Internet Explorer
• Mozilla Firefox
• Google Chrome
• Safari
• Opera

 

Customize Settings

Complaints Policy

This document sets out our complaints policy and procedure and is written for our:

• Accredited/Approved Organisations (AOs), our partners;
• trainees on courses at one of our partners;
• candidates in our PeopleCert business and IT exams; and
• all interested parties who receive a direct or indirect service from us related to our business and IT qualifications.

This document covers complaints that candidates, AOs or any interested parties may wish to make in relation to:

• PeopleCert partners;
• the exams and associated services offered by PeopleCert.

Please find the detailed policy here.

Appeals policy

We have written this policy for our customers:

• our accredited organisations (AOs) who deliver courses leading to a PeopleCert certification;
• candidates who have enrolled on or taken a course and/or exam leading to a PeopleCert certification; 
• candidates who plan to take, or have taken, an exam leading to a PeopleCert certification and who have organised this exam independently.

This policy outlines the process to follow when you submit an appeal to us, and the process we follow when responding to your appeal. Our staff also follow this policy so that we manage all appeals fairly and consistently. 

Please find the detailed policy here.

If you wish to appeal, please download one of the below forms depending on your location, fill it and send it to customerservice@peoplecert.org. 

If you are located:

• anywhere except Turkey, please download the form
• in Turkey, please download the form

This policy applies to PeopleCert’s customers, including our accredited organisations (AOs) and candidates, who are delivering/registered in/on PeopleCert approved certifications who are involved in suspected or actual malpractice/maladministration.

It is also for use by our staff to ensure they deal with malpractice and maladministration investigations in a consistent manner. It sets out the steps AOs and candidates or other stakeholders must follow when reporting suspected or actual cases of malpractice/maladministration and our responsibilities in dealing with such cases.

It also sets out the steps we will follow when reviewing the cases

Please find the detailed policy here.

 

• candidates who have registered for a PeopleCert business and IT qualification and who will take an online examination with us;
• staff who respond to all requests for reasonable adjustments for our business and IT examinations;
• partners who are supporting candidates with their reasonable adjustment application;
• Accredited Training Organisations (partners) who are delivering paper-based PeopleCert business and IT examinations as a formally agreed exception

Please find the detailed policy here.

If you wish to apply for the reasonable adjustment please download the form, fill it and sent it to customerservice@peoplecert.org. 

Special consideration policy

This policy is for candidates who have taken a PeopleCert examination. It is also for use by our staff to ensure they deal with all special consideration requests in a consistent manner.

This policy outlines:

• Our arrangements for special considerations and how candidates qualify.
• What special considerations will be given to candidates.

Please find the detailed policy here.

If you wish to apply for a special consideration adjustment please download the form, fill it and sent it to customerservice@peoplecert.org. 

Policy for the Elimination of Violence and Harassment at Work

 

 1 General

 

The Company adheres to all measures and obligations concerning the application of the provisions of Part II of Law 4808/2021 for the prevention, confrontation and combating of any form of violence and harassment; thus, contributing to the creation of a working environment that respects, promotes and guarantees the right of every person to a workspace without violence and harassment.

 

It refers to all forms of violence and harassment that occur during work, whether related to or arising from it, including violence and harassment based on sex and gender as well as sexual harassment.

 

It is clarified that any form of violence and harassment between the persons listed below under 3., even if it takes place outside of time and place of work, is considered to be related to work and therefore falls within the provisions hereof (such as travel from and to work, travel, education, and work-related events and social activities).

 

For the purpose of the present Policy, the terms “violence and harassment”, “harassment” and “harassment based on sex and gender” have the meaning defined in article 4 par. 2 of Law 4808/2021.

 

Indicatively as behaviors included within the meaning of “violence and harassment” are (among others) the following:

 

• any action or behavior that (may) intimidate, harm, or insult the dignity of any of the following under Article 3. persons (either by abusive, derogatory comments, unfair physical contact, glances, gestures, comments, invitations or with distribution of offensive material)
• jokes that include expressions of a sexual nature and / or expressions derogatory to vulnerable social groups and / or to people of different ethnic backgrounds
• comments with sexual connotations
• sexual proposals as well as the offer of compensation for their acceptance, as well as the threats in case of their rejection and / or the desire of the affected person to denounce behaviors that are part of this policy
• obscene gestures
• posting on social media of any comment with obscene / offensive / derogatory content
• sending by any technical means (communication platform) of image material / video / audio material of offensive and / or sexual content
• social isolation
• undermining or deliberately obstructing a person's work
• violation of personal belongings or work equipment
• any other act that could be considered as part of the terms of violence and harassment - as they arise from the aforementioned legislation.

 

 2 Purpose of the policy - Declaration of zero tolerance for any form of violence and harassment at work

 

The purpose of this policy is to create and consolidate a work environment that respects, promotes, and guarantees the human dignity and the right of every person to a world of work without violence and harassment. The Company declares that it recognizes and respects the right of every employee in a work environment without violence and harassment and ultimately, declares, its zero tolerance for any form of violence and harassment in the workplace.

 

 3 Scope of Policy

 

This policy is adopted in accordance with articles 9 and 10 of law 4808/2021 and the regulatory legislation implementing them and applies to the persons of par. 1 of article 3 of law 4808/2021.

 

 4 Preventing and combating violence and harassment at work

 

4.1 Risk assessment

The Company conducts regularly - at least once per year - an occupational risk assessment for violence and harassment, compiled by its competent associates, the results of which are communicated to all employees of the Company in an appropriate manner.

 

4.2 Defining the measures taken by the Company for the prevention, limitation and mitigation of risks but also for the monitoring of such behaviors - Description of the information and awareness actions of the Company's staff.

 

   4.2.1 The Company organizes at regular intervals training seminars for its staff and the management in order to inform them:

 

          (a) for the healthy behavior patterns at workplace

          (b) for their rights (and obligations in particular of the executives in relevant positions of responsibility) in the event of an incident of violence and harassment

          (c) for the proper management of incidents of violence and harassment

          (d) for any vulnerable categories of employees

 

The speakers of the above seminars are the presumably competent external collaborators of the Company (indicatively lawyers, psychologists, doctors, etc.) but possibly also representatives of voluntary organizations.

 

In addition to the above seminars, the Company is committed to providing staff with information in accessible formats (sending relevant e-mail or distributing leaflets) on the risks of violence and harassment in the workplace and on the relevant procedures for reporting such incidents.

 

   4.2.2 The Company regularly receives and reviews the access protocol and technical measures to ensure a safe workplace. Indicatively, the Company ensures the existence and maintenance of adequate lighting in all its areas, especially the difficult to access areas, as well as the controlled access to its buildings through the reception staff, the installed Access Control systems and the closed circuit television (CCTV) operation in the main entrances of the floors of the buildings that there are workplaces for the Company’s staff.

 

   4.2.3 The Company ensures the consolidation by the staff and the Management of the values of respect for human dignity, cooperation, and mutual support through the provision of instructions and advice (written or oral) whenever it deems appropriate or necessary.

 

   4.2.4 The Company organizes regular meetings of the staff and the Management (either in total or in groups), in which the person of article 6. also participates, in order to discuss any problems that the above persons have identified but also to deal with potential risks related to violence and harassment in the workplace.

 

   4.2.5 The Company encourages and contributes (through the proper organization of working time and / or the financing of the relevant actions) to the participation of the responsible executives of the Management in training seminars regarding the identification and management of the risks of violence and harassment at work.

 

   4.2.6 The Company regularly evaluates the above measures and conducts appropriate revisions. The Company encourages employees, in the context of the above review of preventive measures to contact their immediate superiors or senior management and to propose the measures that they deem best to serve the purpose of creating a safe working environment.

 

 5 Information regarding the rights and obligations of the employees and the Company but also regarding the procedure to be followed in case of occurrence or reporting of such behavior

 

5.1 The remedies of the person affected (according to the above under 3. provision) by an incident of violence and harassment in the context described above (under 1.) are:

 

• Providing judicial protection by appealing to the competent civil and / or criminal courts to satisfy the rights provided by law to the affected person depending on the case.
• Submitting a complaint and application for a labor dispute to the Labor Inspectorate, within the framework of its legal responsibilities (through the citizen service line 1555).
• Report to the Greek Ombudsman, within the framework of its legal responsibilities (either in person at 17 Chalkokondyli Street, Athens or through the electronic submission of the report on the website synigoros.gr).
• Complaints within the Company in accordance with the complaints management policy as per the provisions of Article 7 of this Policy.
• Departure from the workplace for a reasonable period of time of the person who receives violence and harassment behaviors, without deprivation of salary or other adverse consequences, as long as in his/hers reasonable belief there is an imminent serious danger to his/her life, health or safety.
• Receipt of immediate psychological support to women who are victims of violence and harassment from the service of immediate psychological support and counseling of women victims of gender-based violence on the SOS Line 15900.
• Receipt of immediate psychological support addressed to the entire population experiencing an issue of psychosocial nature and especially to individuals and vulnerable populations who are going through some form of crisis or emergency, on the Immediate Social Helpline 197.

 

The Company ensures the posting and maintenance in a visible place of the Company, so that the staff is informed, of the data regarding the above contact details of the competent administrative authorities to which every affected person has the right to apply (Labor Inspectorate, Greek Ombudsman).

 

5.2 Obligations of the Company

 

The obligations of the Company in case of reporting an incident of violence and harassment in the workplace (as defined herein) are described below under provision 7 in conjunction with the relevant provisions of Law 4808/2021.

 

  6 Designation of a liaison officer ("liaison") responsible for guiding and informing staff on issues related to the prevention and dealing with all forms of violence and harassment

 

The respective HR Business Partner of PeopleCert Group of companies is defined as a liaison- reporting person (hereinafter "Reporting Person"), responsible for guiding and informing the staff on the issues of prevention and dealing with any form of violence and harassment. Any person from the above mentioned (under 3) can address to the specific person for the above issues either in person meeting, or by e-mail to the email address raiseyourissue@peoplecert.org or by phone call to: +30 210 3729099.

 

  7 Procedure for managing internal complaints about incidents of violence and harassment

 

7.1 Reception of complaints - identification of a person for the receipt of complaints but also for informing the complainants

 

           7.1.1 The Reporting Person is responsible for receiving complaints that take place under the present policy. It is noted that any affected person has the right to file a          complaint either in writing (and by sending e-mail to the above Email address under 6.) or orally-in person or by phone call to the above phone number under 6.

 

           7.1.2 The Reporting Person is obliged to inform the complainant about his/her rights in accordance with the above-mentioned under 5.1 and to immediately forward the complaint to the Human Resources Director of the Company.

 

         7.1.3 The Company is committed to maintaining the confidentiality and protection of Personal Data of those involved in incidents of violence and harassment. In this context, the access to the electronic file of the complaint (and the other files related to the specific complaint) will take place only with the use of a password, which will be available exclusively to the Reporting Person, the Human Resources Director and the Chief Executive Officer of the Company. Any relevant files in physical form shall be stored in a special locked space, which shall be accessible only to the above persons.

 

        7.1.4 The above persons, who shall be informed of the complaint and the relevant data in the context of their responsibilities, shall not reproduce in any way the complaint or part of it, unless this is necessary in the context of this policy and / or the during their cooperation with the competent administrative and judicial authorities as described below (under 8.).

 

        7.1.5 In case the complaint is directed against the Reporting Person, the complainant may file a complaint to the respective manager of the Reporting Person according to the Organization

 

Chart notified to the employees of the company (who will be obliged to inform the complainant in accordance with the provisions of condition 5.1).

 

7.2 Impartial investigation and examination of complaints - Prohibition of retaliation and further victimization of the complainant

 

       7.2.1 Upon receipt of the complaint, the Reporting Person undertakes to remove any obstacle and hesitation of the complainant regarding the complaint and not to obstruct or, in any case, impede in any way, the receipt of the complaint.

 

       7.2.2 The Human Resources Director investigates and examines the reported incidents with objectivity, impartiality and respect for the human dignity of both the complainant and the accused person.

 

       7.2.3 It is expressly stated that any adverse treatment of the complainant, which constitutes retaliatory behavior or a countermeasure to the complaint made in the context of the present policy, (explicitly including the termination of his/her employment contract) is strictly prohibited.

 

7.3 Complaints examination procedure - Consequences in case of violation of this Policy

 

       7.3.1 Following the transmission and study of the complaint, the Human Resources Director of the Company invites the affected person and any witnesses of the incident to a hearing without delay.

 

      7.3.2 Upon completion of the above procedure under 7.3.1, the Human Resources Director invites the accused person in writing (or by e-mail) to apologize, informing him/her of the means of proof of the accusation, so that he/she proceeds with a counterclaim. The apology is submitted in writing before the Human Resources Director of the Company three (3) days after the notification.

 

      7.3.3 The Human Resources Director is entitled, at his/her discretion, to ask questions to the accused person or to call (at the same or next day) for additional information / examination the complainant and / or any existing witnesses.

 

      7.3.4 The Human Resources Director may, upon receipt of the complaint, take as an interim measure, until the issuance of the decision under 7.3.5, by respecting the principle of proportionality and without prejudice to the prohibition of the abuse of rights, any of the following measures (or a combination thereof) that he/she deems necessary and appropriate to protect the affected person and to safeguard the sense of security at workplace, without this measure prejudging in any way the merits of the complaint. In particular, the Human Resources Director may take interim measures against the accused person:

 

• Compliance recommendation
• Repositioning
• Change of working schedule/timetable
• Change of place or way of providing the work

 

       7.3.5 In case, during the completion of the above-mentioned procedure (under 7.3.1 to 7.3.3), the Human Resources Director of the Company judges (based on the data and testimonies presented before him/her by freely evaluating them) the complaint as well-founded and true, he/she is entitled:

 

   (i) to decide the enforcement:

 

          (a) of any of the sanctions provided by the present Policy of the Company (see below under 10.1.4 – which also constitute- as well as the entirety of the present part of the Company’s Rules of Procedure) for the specific violation and

 

          (b) any of the above under 7.3.4. measures and / or

 

  (ii) propose to the Chief Executive Officer of the Company (who is responsible for the respective decision) the termination of the employment contract of the accused person.

 

The relevant decision of the Human Resources Director (or the termination of the employment contract by the Chief Executive Officer according to the above) will be notified to the complainant and the accused person in writing.

 

        7.3.6 In case the complaint is directed against the Human Resources Director, all the above under 7. responsibilities shall be transferred to the Chief Executive Officer. In case the complaint is directed against the Chief Executive Officer, then all the responsibilities under 7.3.3 of the Human Resources Director are transferred to:

 

       (a) To the Deputy or other Chief Executive Officer, and in case of lack thereof

       (b) to the Chairman of the Board of Directors, and in case the capacity of the Chairman and the Chief Executive Officer coincide, and there is no Deputy

       (c) to the member of the Board of Directors and legal advisor of the company Mr Stavros-Pantelis Koumentakis.

 

  8 Provision of information and cooperation with the competent authorities

 

Upon request, the Company through its legal representatives, as well as the Reporting Person cooperate with any competent public, administrative or judicial authority, which, either ex officio or upon request of a person concerned, within the scope of its competence, requests the provision of information and are committed to provide assistance and access to data (no. 5 par. 1 law 4808/2021). For this purpose, any data they collect, in any form, are kept in a relevant file in compliance with the provisions of Law 4624/2019 (A '137).

 

  9 Measures to protect employment and support of employees victims of domestic violence

 

9.1 The Company takes to the extent possible, by any appropriate means or reasonable adjustment, measures to support the employees -victims of domestic violence.

 

9.2 In particular, in the context of employment protection, the Company may, at its discretion, provide to the employee who has been a victim of domestic violence, in order to support him/her in maintaining his/her job and in his/her smooth reintegration after such incidents:

 

       (a) Special paid leave for a reasonable period of time, (taking into account the non-disruption of the smooth operation of the business)

       (b) Flexible work-related settings (e.g. regarding schedule).

 

9.3 The employee who is a victim of domestic violence requests the above support measures with a special request to the Company, either through the Reporting Person or directly to the Management of the Company. The Company shall manage the issue with discretion and confidentiality.

 

  10 Disciplinary Provisions in Case of Violation of the Company's Policy for the Elimination and Fight against Violence and Harassment at Work

 

10.1 Disciplinary Procedure - Penalties

 

   10.1.1 The existence of a disciplinary procedure and the possibility of imposing disciplinary penalties by the Company in case of violation of the Company's Policy for the Elimination of Violence and Harassment at Work, in no way restricts its right to dismiss the Employee under the conditions provided by the legal framework.

 

   10.1.2 Any allegation of violation of the Company's Policy for the Elimination of Violence and Harassment at Work is treated by the Company as a (possibly committed) disciplinary misconduct, in accordance with the provisions of this article.

 

   10.1.3 Responsibility for the imposition of the relevant penalties, provided in this Policy (which will constitute integral part of the Company’s Rules of Procedure), has only the Chief Executive Officer of the Company (subject to any otherwise defined above under 7.).

 

   10.1.4 The penalties have as follows:

 

         (a) oral or written reprimand;

         (b) fine corresponding to a maximum of 25% of one wage or 25% of the paid monthly salary corresponding to one working day.

         (c) unpaid leave, up to ten (10), at most days for each calendar year, in case of recurrence or serious disciplinary violation. In this case the Employee is not entitled to receive the corresponding salary or wage.

 

   10.1.5 A special "file" is kept for each Employee for any violations of the above Policy and any penalties imposed. Reports and complaints shall not be registered, if the Employee is not given the opportunity to state his/her views.

 

   10.1.6 Fines are deposited where and as required by law.

 

10.2 Classification of disciplinary sanctions

 

The penalties provided for and imposed on the basis of what is provided for in the relevant provisions hereof are always proportionate to the subjective and objective gravity of any breach of the above Policy.

 

10.3 Procedure for imposing penalties and their execution

 

   10.3.1 The imposition of the penalties provided for in this Policy is independent of any other legal consequences and sanction.

 

   10.3.2 The condition for the imposition of a disciplinary penalty is the summoning of the offender to an apology and the notification of any means of proof of the accusation, in order to proceed with a counterclaim. The apology is submitted in writing three (3) days after the notification.

 

   10.3.3 During the -if any- imposed penalty, the Employee has the rights provided to him/her by the current legislation.

 

10.4 The possible non-strict observance and application of the provisions of this Policy, does not give the right to consider that the Company has waived its rights or that abolition or amendment of this Policy has occurred.

 

10.5 The penalties, apart from the reprimand, are notified in writing to the interested party, where he/she signs for the receipt the copy or the book of penalties.