Terms and conditions
Please read these terms and conditions carefully before using this site.
Please read these terms and conditions carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. By using our site, you confirm that you accept these terms and conditions and that you agree to comply with them.
If you do not agree to these terms and conditions, you must not use our site.
To navigate these terms, all text in bold is a link to the relevant section.
The Terms and conditions have 5 sections:
Acceptable Use policy
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.
Freedom of Information
Our Freedom of Information Policy, which sets out our commitment to Freedom of information.
- Information about us
- Changes to these terms
- Changes to our site
- Accessing our site
- Your account and password
- Intellectual property rights
- No reliance on information
- Limitation of our liability
- Uploading content to our site
- Linking to our site
- Third party links and resources in our site
- Applicable law
Information about us
- Our site is operated by Birmingham City University ("us","we") of University House, 15 Bartholomew Row, Birmingham, B5 5JU.
Changes to these terms
- Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
- We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.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 free of charge for users to access content on the University.
- We do not guarantee that our site, 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 without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our site.
Your account and password
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at email@example.com.
Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in our site, the name of our site and its URL, and in all of the material published on it unless upload by a third party. All of those works are protected by copyright and intellectual property laws and treaties around the world. All such rights are reserved.
- You may print off one copy of any page of our site, and may download extracts of any page from our site, for your personal use, and 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, and you must not use any digital content, illustrations, photographs, video or audio sequences or any graphics or other materials forming part of our site separately from any accompanying text or context.
- Our status (and that of any identified contributors) as the authors of our site and content on our site must always be acknowledged.
- You must not use any part of our site or the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors (as applicable).
No reliance on information
- The content on our site 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
- 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, 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
- use of, or reliance on any content displayed on our site.
- 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.
- 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 our site or 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 the content 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.
- Our Site displays content that is not developed by us and is developed by entities who have sole responsibility of that content and whom we exercise no control. Display of such content should not be interpreted as endorsement by us of those entities. We will not be liable for any loss or damage that may arise from your use of them.
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 does comply 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 that is intended for publication on our site (such as texts or comments that will be visible to other users) will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
- We also have the right to disclose your identity to any third party who alleges or claims that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or is defamatory or otherwise in breach of our Acceptable Use Policy.
- 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 (but not any obligation) to remove 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.
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programs 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 viruses, Trojans, worms, logic bombs or other any other harmful programs or computer code or other material which is malicious or technologically harmful, designed to adversely affect the operation of any computer software or hardware, or which operates without the knowledge or consent of us or any users.
- You must not attempt to gain unauthorised access to our site, the server on which our site is run or on which our site’s content 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 the foregoing provisions of this paragraph 10, you would commit a criminal offence under the Computer Misuse Act 1990. We reserve the right to 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
- You may link to the home page of our site, 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.
- 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 firstname.lastname@example.org.
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.
Disclosure of your information
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
- Web-based APIs that we use to provide parts of our service.
Where we store your personal data
All data that we collect from you will be stored at a destination within the European Economic Area on our secure servers.
However, we cannot guarantee that data shared with third parties will not be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or a third party. By submitting your personal data, you agree to this transfer, storing or processing.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can also exercise the right at any time by contacting us at RDUES, Birmingham City University, 4 Cardigan Street, Birmingham, B4 7BD, United Kingdom or email@example.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. Please send your request to RDUES, Birmingham City University, 4 Cardigan Street, Birmingham, B4 7BD, United Kingdom or firstname.lastname@example.org.
How we will use your data
eMargin from Birmingham City University (BCU) provides software and services for the study of text, textual databases and web content. In order to provide the services BCU sometimes needs to collect information about individuals.
By using our site users agree that BCU may process personal data that we collect for the purpose of providing the services. Additional consents may also be provided by users for the purpose of gaining access to updates, news, information about additional services offered and BCU events.
This privacy notice explains how BCU collects, uses and shares personal data collected by our site and explains individuals’ rights in relation to the personal data we hold.
Unless otherwise stated on individual services BCU is the data controller for personal data collected by our site and is subject to the Data Protection Act 1998 (DPA) and to the General Data Protection Regulation (GDPR).
This privacy notice explains the following:
- How we collect your information
- The types of information we collect
- How we use your personal data
- Who we share personal data with
- Will you be contacted for marketing purposes?
- How we keep your data safe
- How long is your information kept?
- How we keep your information up to date and Communication preferences
- Your rights
- How to exercise your data rights?
- How to ask questions or raise concerns?
- Changes to this privacy notice
How we collect your information
BCU may collect your personal data in a number of ways, for example from the information you provide to us when you interact with BCU, if you provide BCU with your contact details to us by:
- Social media
- In person
- Register for an event
- Respond to a questionnaire
- Make an enquiry via RDUES and or BCU website enquiry forms
- Through the online feedback forms on any of our webpages
The types of information we collect
We may collect the following types of personal data about you:
- First Name
- Last Name
- Email address
- Job title
- Business name and address
- Social media
- Research interests
- Consents and/or specified preferences
- Your IP address, browser settings and location
How we use your personal data
We will use your information to enable us to provide you with access to our services and to monitor and improve our services. This includes:
- Providing access via means of a user account system
- Recording user preferences in relation to the functionality of our services
- The saving of results or information within a user profile
- Recording feedback via our website feedback forms, email or social media accounts
- Contacting you about enquires made via telephone, email, websites, post or social media
- To undertake analytics, analysis and research so that we may improve our services
- To produce reports in relation the performance and usage of our services
- To investigate errors and fix problems reported by yourself
- Recording the credentials required for IMS LTI consumer links and the details of key contacts for each link.
Who we share personal data with
Aggregated and or anonymised information may be shared in research papers/presentations or reports to research governing bodies.
Will you be contacted for marketing purposes?
BCU will only send you marketing emails or contact you via your selected preference selections where you have expressly agreed to this. We may personalise the message content based upon information you have provided. You can update your preferences at any time see section 8 below.
How we keep your data safe
BCU is committed to safeguarding your personal data. Whenever you provide such information, we are legally obliged to use your information in line with all applicable laws concerning the protection of personal information, including the Data Protection Act 1998 and the General Data Protection Regulation. In relation to our services, these records these are held within a dedicated and secure database system and or our secure network with access limited on a need to know basis. A range of administrative, technical, physical security controls are used to ensure a robust approach to protecting data held on BCU IT systems. For more information a copy of BCU’s overarching Data Protection Policy is available on the policies page of the BCU website.
How long your information is kept
We will hold your personal information for as long as is necessary to provide you with our services. Where you have indicated you no longer wish to receive any services your information will be retained and securely and permanently destroyed in accordance with the BCU retention and destruction policy.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Where a record has not been used and or there is no active engagement (for example there has been no response to required correspondence), BCU may class the record as dormant or may delete the record in accordance with the BCU retention and destruction policy. When appropriate BCU will email you to confirm your preferences and to notify you of any intention to delete your records if no response is received.
How we keep your information up to date and Communication preferences
BCU wants to ensure that we keep the details we hold about you up to date and communicate with you fully in accordance with your wishes. You should also get in touch with us if any of your personal details change. You can update your details and your communication preferences at any time by:
By Post: RDUES, Birmingham City University, 4 Cardigan Street, Birmingham, B4 7BD, United Kingdom
Under the Data Protection Laws, you have the following rights:
- to obtain access to, and copies of, the personal data that we hold about you;
- to request that we cease processing your personal data if the processing is causing you damage or distress;
- to require us not to send you marketing communications;
- to request us to correct the personal data we hold about you if it is incorrect;
- to request us to erase your personal data;
- to request us to restrict our data processing activities;
- where our processing is based on your consent, you may withdraw that consent, without affecting the lawfulness of our processing based on consent before its withdrawal;
- to receive from us the personal data we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of you transmitting that personal data to another data controller;
- to object, on grounds relating to your particular situation, to any of our particular processing activities where you feel this has a disproportionate impact on your rights.
Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply.
How to exercise your data rights?
If you wish to exercise any of your rights, please contact our Data Protection Officer using the following contact details:
By Email to: email@example.com
By Telephone on: +44 (0) 121 331 5288
By Post to: Data Protection Officer, Information Management Team, Birmingham City University, University House, 15 Bartholomew Row, Birmingham, B5 5JU
How to ask questions or raise concerns?
If you have any questions, comments or concerns about how we use or handle your personal data please contact the Data Protection Officer using the contact details in section 10 above.
If you are not content with the how we handle your information we would ask you to contact our Data Protection Officer to help you. However, you do also have the right to complain directly to the Information Commissioner at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Information about the Information Commissioner is available on the ICO website.
Changes to this privacy notice
This privacy notice may be updated from time to time so you may wish to check it each time you submit personal information to BCU. The date of the most recent versions will appear on this page (see version control). We encourage you to check our privacy notice from time to time to ensure you understand how your data will be used and to see any minor updates. If material changes are made to the privacy notice, for instance how we would like to use your personal data, we will provide a more prominent notice (including, for certain services, email notification or correspondence of privacy notice changes).
Acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our site. This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation.
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- for the purpose of harming or attempting to harm minors in any way.
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our site in infringement of our or any other person’s intellectual property rights or other rights, or in contravention of the provisions of our terms of website use or any other terms and conditions that apply to you in relation to the website or content that appears on it.
- not to attack our site via a denial-of-service attack or a distributed denial-of service attack.
not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any server or other equipment or network on which our site operates or is stored;
- any software or database used in the provision of our site; or
- any server, equipment or network, software or database which is connected to our site, including such that is owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- chat rooms;
- bulletin boards;
- comment threads.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service (such as chat or comments, or direct mail facilities) we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site ("contributions"), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions);
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence or terror;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to, or actually, deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to, or actually, harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- immediate, temporary or permanent withdrawal of your right to use our site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you.
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
A cookie is a small file of letters and numbers that we put on your computer if you agree. The cookies we use include "analytical" cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example by ensuring that users are finding what they are looking for easily.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. See below for further details.
We use the following cookies:
Strictly necessary cookies
These are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our site.
These are used to recognise you when you return to our site. This enables us to personalise our content for you and remember your preferences.
They allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily.
About our cookies
You can find more information about the individual cookies we use and the purposes for which we use them on our site in the table below:
|JSESSIONID||This is an essential cookie that allows the server to remember the user who is accessing the website and serve them data appropriate to their visit to the site.|
|emargin.fontSize||This is a functionality cookie used to record the preferred default font size of eMargin.|
|emargin.terms||This is a functionality cookie used to record the latest version of the terms and conditions banner you have clicked OK to and determine whether or not the banner needs to be displayed.|
We use information held about you in the following ways:
Information you give to us
We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you
We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
Information we receive from other sources
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Cookies from other sites
Our site includes links to social media platforms to allow users to share or bookmark web pages. Further information on these providers can be found on their own websites, for example:
How do I change my cookie settings?
If you are concerned about cookies you can change the settings on your computer to refuse them.
Freedom of information
RDUES has a commitment to openness and transparency and has always been concerned to make relevant information available wherever possible to individuals who may request it, subject to safeguarding the privacy of individuals and to legitimate considerations of national security, law enforcement and commercial interests where relevant.
For information relating to the Freedom of Information Act 2000 Publication Scheme, please click on the following link: Freedom of Information act publication scheme.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our site.
Effective: 3rd September 2018