Terms of Service

To use our site, you must have completed our registration process, which you can find here. While you are free to browse our site, if you want register to use our services you must be either an organisation licensed to provide adoption or children’s social care services (such as a local authority, an adoption agency or an Independent Fostering Provider (we refer to these as “Organisations”) or an individual registered with one of those organisations.

These terms (together with the documents referred to in it) tell you the terms of use under which you may make use of our website “Link Maker” (www.linkmaker.co.uk) (hereafter referred to as "our site") or communicate with us in relation to our site or our services, whether as a guest or a registered user. “Use” of our site or services includes accessing, browsing, registering to use, uploading content to outr site, downloading content from our site, or communicating with us.

These terms apply where:

  • You are generally browsing our site.
  • You are registering to use our site.
  • You are registered with an organisation licensed to provide adoption or children’s social care services and are:
    • accessing the community support network.
    • looking to adopt or foster a child.
  • You are an organisation acting on behalf of an adopter or care placement.
  • You are an organisation acting on behalf of a child being placed for adoption or in care.

Please read these terms carefully before you start to use our site or services. We recommend that you print a copy of this page for future reference.

By using our site or services, you confirm that you accept these terms and that you agree to comply with them.

If you do not agree to these terms, you must not use our site or our services.

Other applicable terms

These terms refer to the following additional terms, which also apply to your use of our site

  • Our Privacy Policy, which sets out the terms under which we process any personal data we collect or which is provided to us in relation to our services and the operation of our site.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

Information about us

“Link Maker” is a site operated by Link Maker Systems Limited (hereafter referred to as "we", “us” or “our”). We are a limited company, registered in England and Wales under company number 08472919 and have our registered office at Alpha House, 176a High Street, Barnet, Hertfordshire EN5 5SZ. Our VAT number is 178 6941 51.

Changes to these terms

We may revise these terms at any time by amending this page. We will notify any registered users of any changes to these terms via an announcement on their personalised home page.

Please check this page from time to time and take notice of any changes we made, as they are binding on you.

Changes to our site and services

We may update our site and our services from time to time and may change the content of our site at any time. Please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available for users to explore our site and receive updates.

We do not guarantee that our site or services, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site or services without notice. We will not be liable to you if for any reason our site or services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site and services.

You are also responsible for all persons who access our site and services using your account or via your computer or device. You must make such users aware of these terms and other applicable policies and ensure that they comply with them.

Registration

To register to use our site and services, you must first be registered with an Organisation.

You must register in order to use certain areas of our site and some features require payment. Where payment is required, you must make payments to us by BACS or via Stripe (see https://stripe.com for more information).

You must be over 18 years of age.

Our site is directed towards people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. You warrant that all details you provide to us are true, accurate, up to date and complete and that you shall inform us immediately should any information change.

During the registration process you will generate a password and user identification code, which you will use together with your user name to log in. Unless you are registering as a family, each individual user must be registered to use our site and services. Users must not share their registration and log-in details. If you are registering as a family, the individual completing the registration acts on behalf of, and is responsible for, all members of that family.

We may terminate your registration at any time at our complete discretion, especially if you are in breach of these terms. If we terminate or suspend your registration, you may not re-register with us without our written consent.

Your account and password

If you choose, or you are provided with, a user name, password, PIN or any other piece of information as part of our registration and security procedures, you must treat such information as confidential. You must not disclose it to any colleagues, or any other third party.

We have the right to disable any user account, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you is making unauthorised use of your account or knows your user identification code, user name or password, you must promptly notify us at support@linkmaker.co.uk.

You are responsible for all activities that occur on your account or while using your registered details.

Intellectual property rights

Except where otherwise stated, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Except where any page on our site indicates that you may print off content (where indicated by a “Print” button), you must not print off any page or content from our site. Where any page or content can be printed, you may print off one copy, and may download extracts, of such page(s) from our site for your personal use. You may draw the attention of others within your Organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way or remove any copyright or trademark notices, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not reverse engineer, decompile, copy or adapt any software or other code or scripts that form part of our site. You must not reproduce, copy or re-distribute the design or layout of the site, individual elements of the site, design or logos, including the logos “Link Maker” or “Link Maker Systems”.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not distribute, copy, publish, replicate, transmit, publicly display or use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site, or which we provide to you when communicating with you, is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, and our services, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site or our services; or
  • unavailability of our site or the information it contains; or
  • use of or reliance on any content displayed on our site or provided by us as part of our services.
  • If you are an Organisation, please note that in particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for theThis information may only be shared content and/or security of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Use of content on our site

You may only use the information provided on our site for the purposes of finding placements or storing information for children, adopters and care providers, or as otherwise agreed in writing with us, and with any relevant individual to which that information relates. You must comply with our Acceptable Use Policy.

Where you use data, which has been provided by another user on our site, you must maintain that information as confidential and not disclose it to any third party without the prior written consent of the Organisation or individual that posted that information to our site. When you store, record, download or print or otherwise use data for your own purposes which you have obtained from our site which has been provided by another user, you may become the “controller” in relation to any personal data which forms part of that information – and you must consider your responsibilities in handling that personal data in relation to each relevant individual identified in that information.

This information may only be shared with other individuals involved in the care or placement of a child on a need to know basis. For example, an adopter or foster carer must only share information with staff from their registered Organisation; they are not permitted to share that information with extended family or friends.

If your Organisation has agreed to transfer a case file to another Organisation, then you may instruct us to transfer that case file on your behalf using the Transfer case process, which can be found in the admin menu for users with manager permissions. On completion of that process, the new Organisation will be responsible for the case file, and all related activity data, and that Organisation will become the new controller in relation to any personal data contained in that case file. You must not transfer a case file to another Organisation unless you have all relevant approvals, consents and authorisations to make that transfer, and that Organisation has all relevant approvals, consents and authorisations to receive access to that file.

Where your Organisation is not a controller for the purposes of applicable data protection legislation, for example where you simply view the information but do not store, record, download or print that information, then your Organisation will process such personal data as a processor acting on behalf of the user which uploaded that content. You and your Organisation must comply with our Privacy Policy and the following terms will apply, and be enforceable, as between your Organisation and the user which uploaded the information to our site. You will:

  • Process the personal data only for the purposes of linking children to adoptive parents or foster carers, or on the documented instructions of the user which uploaded the information to our site.
  • Not transfer any personal data outside the EU without approval of the relevant controller, or other appropriate safeguards that may permit such transfer under applicable data protection legislation.
  • Only use staff and other persons who have a duty of confidentiality with regard to the data. For example, a practitioner from an Organisation may share data received from the site at an Organisation’s weekly meeting regarding family-finding or at a panel meeting for adoption.
  • Comply with security obligations equivalent to those imposed on the user which uploaded the information to our site under the applicable data protection legislation (in particular Article 32 of the GDPR).
  • Notify the user which uploaded the information to our site of any breach in relation to the personal data shared by that user.
  • Enlist a sub-processor only with the prior permission of that user.
  • Provide the relevant controller with reasonable assistance:
    • using appropriate technical and organisational measures, as far as it is possible, to help them respond to requests from individuals to exercise their data subjects’ rights set out in Chapter III of the GDPR (such as subject access requests, the right to erasure, and right to rectification); and,
    • to support their compliance with the security obligations under Article 32 of the GDPR, notification of the ICO and individuals in the event of a personal data breach under Articles 33 and 34 of the GDPR, where they are required to conduct a data protection impact assessment under Article 35 of the GDPR, or where they are required to consult the ICO under Article 36 of the GDPR.
  • Maintain appropriate records of your processing.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload to our site will be considered confidential and proprietary to you or to the individuals you represent. You retain all of your ownership rights in your content, subject to the licence set out below.

By uploading information (including personal data, and any special categories of personal data) about children, or adopting or fostering parents to our site, you warrant that you have the requisite legal authority to advertise that information via the Site, and for use in relation to our Services.

Children within the same family can only be listed with the consent of the placing Organisation. In the event of such consent being withdrawn for any reason, we shall remove profiles as soon as is practical.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a potential offence or a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove or edit any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Link Maker Systems as a processor of your personal data

We will act as your processor in relation to any personal data in any of the content uploaded to the site or provided to us in relation to our services which are provided to you. Where we act as your processor, we will:
  • Process the personal data only on your documented instructions which includes making your personal data available to other users of our site for the purposes only of you and those users linking children to adoptive parents or foster carers or participating in the community support network. We may make your information available to others if we are required by law to act without your instructions.
  • Only use staff and other persons who have a duty of confidentiality with regard to the data.
  • Comply with security obligations required by the applicable data protection legislation (in particular Article 32 of the GDPR).
  • Notify you of any personal data breach within 24 hours (as defined in the GDPR as a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed) in relation to the personal data uploaded by you. If you require us to contact a specific person or require us to use specific contact details, you must notify us in writing of the appropriate emergency contact details, and you must maintain such information up to date at all times.
  • Enlist a sub-processor only with the prior permission of that user (which may be specific or general permission). Each user, acting as a controller, grants a general permission for us to us the following sub-processors to the extent that they process your personal data as part of the services which we provide to you:
    • Clook Ltd, a subsidiary of Sub6 Ltd, who manages our server infrastructure.
    • Equinix Ltd, the data centre where the servers reside.
    • Zencoder Ltd, the company responsible for transcoding any videos uploaded to the site.
    • Mailgun Inc, the company used to send application emails to notify you if you have a new message within your account on our Site. Mailgun Inc. are based in California state, US and are certified under the EU-US Privacy Shield for transfers of personal data from the EU to the US]
    • Freshmail Ltd, the online site used to send marketing emails.
    • PCA Predict, used to supply possible addresses for a specific postcode.
    • Sales Force Ltd, CRM systems used to store issues raised with the support helpdesk or information relating to the purchase of an Organisation's licence.

We have contracts in place with all our sub-processors. If we have been given a general permission to use certain sub-contractors, we will provide you with reasonable notice if we need to change the sub-processors which we use from time to time.

We will provide you, as a licensed user, with reasonable assistance:

  • using appropriate technical and organisational measures, as far as it is possible, to help you respond to requests from individuals to exercise their data subjects’ rights set out in Chapter III of the GDPR (such as subject access requests, the right to erasure, and right to rectification); and,
  • to support your own compliance with the security obligations under Article 32 of the GDPR, notification of the ICO and individuals in the event of a personal data breach under Articles 33 and 34 of the GDPR, where you are required to conduct a data protection impact assessment under Article 35 of the GDPR, or where you are required to consult the ICO under Article 36 of the GDPR.
  • Upon your written request, we will provide you, as a licensed user, with reasonable information that you need to ensure that you and we are complying with the requirements of Article 28 of the GDPR. Such information, will be limited to audit reports from our penetration tests, our internal independent audits, and our ISO27001 audit. If, following your review of such information, you consider that an audit or inspection in relation to such obligations is reasonably necessary, this must be agreed in writing with us.
  • Maintain appropriate records of our processing activities.

We will tell you if we are asked to do something as part of any such information request, audit or inspection, which infringes applicable data protection legislation. If your information requests, or your audit or inspections requires unreasonable assistance or excessive amounts of information or use of our resources, we may charge you at our standard rates.

Duration of the processing:

  • You may access and export your data on our Site for as long as you are a registered user of the Site.
  • At the request of the relevant individual’s Organisation, case data or any other information uploaded to our Site, can be deleted at any time. Data is marked for deletion on request and after 14 days the data is anonymised in accordance with the ‘Anonymisation Code of Practice’ issued by the ICO. This anonymised data is held by us for statistical purposes.
  • You may mark any of your own cases as ‘inactive’. We regularly check if cases are being actively used on our Site. If there has been no activity on a case for 3 months, and no confirmation from you that your case is still active, then the case is marked as ‘inactive’.
  • An inactive case is deleted if there has been no activity against the case for 3 years if your organisation has an active licence, or 3 months if your organisation’s licence has expired. Data is marked for deletion and after 14 days the data is anonymised in accordance with the ‘Anonymisation Code of Practice’ issued by the ICO. This anonymised data is held for statistical purposes.
  • A user record is deleted at the request of the user, or if the user has not logged on for 3 years.

Rights you license

By using our site, users licence us to use the content they upload to our site, including child profiles and other personal data, for the provision of adoption and fostering services. Certain users will have access to different levels of personal data (including more sensitive personal content (sensitive content)) depending upon the level of subscription and the level of permission granted by the placing organisation.

By using our site and subscribing to a service which involves the uploading and use of sensitive content onto our site, users are granted the following licenses:

  • a licence for such users and other third parties as may be specified in writing by the placing organisation to access and use content and sensitive content for the purpose of performing child adoption and fostering services.
  • a licence for us to disclose content and sensitive content to such users and third parties as may be specified in writing by the placing organisations.
  • a licence for the users and third parties specified in writing by a placing organisation to access and use content and sensitive content to share and disclose such content to other users so specified.

We can accept no liability or responsibility for any misuse of any content or sensitive content licensed for access and use by this paragraph, and users will indemnify us and hold us harmless for any losses damages costs and claims suffered by us or any third party for such misuse.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses and we are not responsible for bugs, viruses or other harmful files transmitted with or as part of this site.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing to or via our site viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

Legitimate organisations are encouraged to link to our site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site (nor may you create a link to any part of our site other than the home page) without written consent.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact support@linkmaker.co.uk.

We do not provide reciprocal links.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trade marks

“Adoption Link” is a UK registered trade mark of Link Maker Systems Limited.