your.bham, University of Birmingham Alumni Web Portal - Terms and Conditions of Use
Use of your.bham is conditional on your acceptance of these Terms and Conditions. If you do not agree to comply with these Terms and Conditions, you must leave your.bham and make no further use of it
a) In these Terms and Conditions:
i) your.bham means the University of Birmingham Alumni intranet and extranet site www.bhamalumni.org and the home and sub-domain pages of the University of Birmingham website www.bham.ac.uk
ii) We means the University of Birmingham: including but not limited to its Colleges, Schools, Departments, Committees, Officers, Board and Employees;
iii) Terms and Conditions means these terms and conditions of use for your.bham, as amended from time to time;
iv) University means University of Birmingham, Edgbaston, Birmingham B15 2TT, United Kingdom;
v) University community means:
(1) the alumni, students, faculty, staff, corporate partners of the University; and
(a) Alumni are here defined as all registered students of the University (whether they graduated or withdrew) and all registered visiting students who attended for the whole, or part of an academic year, but not leading to a formal qualification of the University and honorary graduates of the University; solely at the discretion of the Development and Alumni Office.
(2) any other persons who are at or connected with the University at any given time and who are authorised to access your.bham.
a) The Terms and Conditions set out general principles for acceptable behaviour in connection with your use of your.bham. To the extent that these Terms and Conditions do not address a particular aspect of your.bham usage, you must act in such a way as to:
i) maintain and build trust within the University community;
ii) respect the privacy of members of the University community;
iii) observe the confidentiality of information and materials supplied on your.bham; and
iv) maintain and increase the respect in which the University is held both within and outside the University community.
3) Use of your.bham– permitted uses
a) You may only browse, download, view, print, copy onto the hard disk of your computer and otherwise access and/or use all material on your.bham:
i) if you are a member of the University community; and
ii) provided that you do so:
(1) in good faith; and
(2) in accordance with these Terms and Conditions; and
iii) for the following purposes only:
(1) your own personal informational, educational and/or collaborative purposes; and/or
(2) your own personal commercial and/or business purposes in so far as this use is permitted by these Terms and Conditions.
(3) Any other type of use requires our prior written agreement.
4) Use of your.bham - prohibitions
a) When using your.bham, you must not:
i) post, upload, email or otherwise transmit any material, the publication, dissemination, use or possession of which:
(1) infringes the rights of any person or which is unlawful in any other respect (including but not limited to inciting racial hatred); or
(2) is abusive to any other member of the University’s community, defamatory or obscene; or
(3) will harass, distress or inconvenience any member of the University community or which might unreasonably restrict or inhibit the use and enjoyment of your.bham by any member of the University community;
ii) post, upload, email or otherwise transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation, save as explicitly permitted by these Terms and Conditions;
iii) knowingly post, upload, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
iv) transmit or re-circulate any material obtained from your.bham to any third party, other than an authorised member of the University community;
v) remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms and Conditions;
vi) use your.bham, or any of it’s parts, to canvass support for any election
vii) inaccurately imply endorsement, approval, or sponsorship by the University of Birmingham (or any individual member of staff of the University), or use that can be confused with official University communications or;
viii) use Your.bham in any way that might bring the University into disrepute.
5) Log-in security
a) When accessing your.bham, you must observe the following log-in security rules:
i) You are absolutely responsible for the security of your password. Do not share it with anyone. Do not write it down or otherwise record it in an insecure place.
ii) Do not allow others to use your account to access your.bham. If you think that the security of your account may be compromised in any way, you must report it to the University immediately by emailing email@example.com You must also immediately change your password.
iii) Ensure you are fully logged out of your.bham on any computer you are no longer using.
6) Data security
a) In respect of any personal data about fellow members of the University community which you may access and/or download through the Directory or other functions in your.bham, you must observe the following data security rules:
i) This data is confidential and may only be used in accordance with these Terms and Conditions.
ii) You are absolutely responsible for the security of any accessed data. If printed or recorded by hand or voice, you must not leave it in an insecure and/or public place. If downloaded, it must be to a computer or other device whose security you are in charge of, and it must be secure within that computer or device.
iii) Data files must not be left unprotected. If you are not sure how to secure data then do not download. If you download data onto a shared or networked computer (including the University’s computers), in addition to assuming responsibility for the security of that data while you have access to that computer, you must also ensure that the data is erased when you cease to have access to that computer.
iv) You may only create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from your.bham if you observe these data security rules, do not share this information with any person outside the University community and only use this information in accordance with these Terms and Conditions.
7) Contacting members of the University community for business purposes
a) You may contact members of the University community whose details appear in the Directory for business purposes only if you adhere strictly to the following conditions:
i) You must not, under any circumstances, approach for business purposes alumni whose Directory entries indicate that they do not wish to be approached by fellow members of the University community for business purposes.
ii) You may approach any other alumni and/or members of the University community for business purposes provided that you have first properly researched which of those persons are likely to be interested in your business approach and that your approach is specifically targeted to those persons.
iii) You must only make your approach under paragraph 7aii. above once and your documentation/communication should indicate that:
(1) you will not make any further approach unless the recipient replies to you; and
(2) you are complying with these Terms and Conditions.
iv) You must not use the bulk email facility available in your.bham for business purposes.
8) Use of your.bham’s bulk email facility
a) You may use the bulk email facility available in your.bham to communicate with:
i) members of your class;
ii) members of clubs to which you belong, for club purposes;
iii) members of discussion groups to which you belong, on topics of relevance to the discussion group.
b) The bulk email facility may not be used to canvass for any elections.
9) Discussion and Classified pages on your.bham
a) Members of the University community may post notices of a commercial nature concerning their own commercial ventures on your.bham’s ‘Personal Pages’ section and also on any bulletin board on your.bham which we may establish in the future for the advertisement of alumni businesses.
10) Chapters / Groups / Clubs
a) While the University seeks to encourage an open, interactive and non-discriminatory community, Chapter / Group / Club organisers and officials may impose reasonable prerequisites for their membership.
b) Chapter / Group / Club organisers and officials must exercise their power to add and remove their members fairly and reasonably.
c) Chapter / Group / Club may only be formed on your.bham for the pursuit of lawful activities.
11) On-Line Payments and Donations
a) Please read these terms carefully before using the online payment facility. Using the online payment facility on this website indicates that you accept these terms. If you do not accept these terms do not use this facility. All payments and donations are subject to the following conditions.
b) Your payment will normally leave your account immediately and reach the University of Birmingham within 5 working days. We cannot accept liability for a payment not reaching the correct University account due to you quoting an incorrect account number or incorrect personal details.
c) Neither can we accept liability if payment is refused or declined by IATS (the University’s payment service provider) or the credit/debit card supplier for any reason.
d) If IATS or your card supplier declines payment, the University is under no obligation to bring this fact to your attention. You should check with your supplier that payment has been deducted from your account.
e) The data that you provide during this transaction will only be used for the purpose of recording your payment. We shall abide by the principles of the Data Protection Act 1998 and ensure that the data is used for no other purposes and is disclosed to no third party, except in respect of data that it is necessary to provide to the University's e-commerce provider. Should you choose to register with your.bham, data may be used for purposes in line with our data protection statement. Please refer to section 21, Data Protection, for details of this. IATS will retain some personal information so that we can access payment records in the event of queries or incomplete payment information. Any credit/debit card details given by you will not be retained in their entirety. Information will only be retained for a reasonable period and then destroyed.
f) In no event will the University be liable for any damages whatsoever 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 contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
g) Refunds, if applicable, will only be made to the credit/debit card used for the original transaction.
12) Your obligations and acknowledgments
a) You are responsible for keeping accurate and up to date your current personal contact details which we cause to be published in the Directory on your.bham.
b) You are responsible for checking the accuracy of relevant facts and opinions given on your.bham before entering into any commitment based on them.
c) You must ensure that you have installed adequate and up to date computer virus checking software on your computer or other device.
d) You acknowledge that, notwithstanding our use of encryption software to attempt to prevent unauthorised access to your personal information, you accept that your communication of sensitive financial and personal information to us through your.bham or by email is not 100 per cent secure and may be compromised.
e) You acknowledge that if you enter into any agreement with a third party as a result of any opportunity of which you become aware on your.bham, the University is not liable for, and takes no responsibility for, any contract entered into by you and the third party.
f) You acknowledge that if you submit any material to your.bham you understand and accept that the University and the University community may make use of that material in accordance with these Terms and Conditions.
g) Neither the University of Birmingham nor the Development and Alumni Office is responsible for screening any communications/bulletin board postings, and neither the University nor the Development and Alumni Office will actively monitor the use of the online service. The University, however, reserves the right to reorganize or delete any postings or message boards and may at its discretion reassign a topic's ownership. The University expects your.bham members to exhibit respect for others in this forum. For this reason, it is essential that the users of the online service report any abuses or misuse of the online service to the Development and Alumni Office.
h) You acknowledge that further terms and conditions may apply in respect of your use of specific parts of your.bham.
13) The University’s obligations
a) We will use reasonable endeavours to ensure that only the up to date contact details which you consent to publish are displayed in the Directory on your.bham.
b) Whilst we will use reasonable endeavours to ensure that information provided on your.bham is accurate and complete, the contents of your.bham are naturally subject to change from time to time and the University cannot guarantee the accuracy and completeness of that information.
c) your.bham is offered free to the University community, solely at the discretion of the Development and Alumni Relations Office and may be terminated at any time, although there is no intention to withdraw the service. We do not guarantee that your use of your.bham will be free from error and/or uninterrupted.
d) We will endeavour to use appropriate encryption technology to protect your communications of sensitive financial and personal data to us.
e) We will use reasonable endeavours to ensure that Your.bham is free of computer viruses, but we do not warrant that it will be free of viruses.
f) Some of the pages on your.bham may include links to external websites. Any links are included to give you the opportunity to access other pages that it is felt may be of interest or assistance to you. The University is not responsible for the content of those internet or web sites.
14) Complaints procedure
a) If you consider that another member of the University community has breached these Terms and Conditions in their dealings with you, you should first seek to resolve this matter informally by approaching them directly to explain the basis of your concern.
b) If your informal approach does not render a satisfactory result (normally, an apology), then you may lodge a formal complaint with us. We will refer this complaint to the Director of Development and Alumni Relations for initial consideration. The formal complaint must be in writing, emailed to firstname.lastname@example.org and clearly state:
i) who is raising the complaint;
ii) the identity of the person about whom the complaint is being made;
iii) the nature of the complaint;
iv) why the complainant considers the behaviour is not in accordance with these Terms and Conditions;
v) any supporting evidence, including emails; and
vi) whether an informal resolution was attempted first.
c) We will consider any formal complaints received, contacting where necessary the complainant and the subject of the complaint. Our decision will be communicated to both parties and is final.
a) Failure to comply with these Terms and Conditions may result in disciplinary action being taken against you, including withdrawing your access rights to your.bham and/or Directory on a permanent or temporary basis.
b) If the Development and Alumni Office determines that a user's participation in the online service may create a liability for the Development and Alumni Office or the University or that the user has violated the policies set forth herein, the Development and Alumni Office reserves the right, in its sole discretion, to take actions against the user.
c) The University otherwise reserves all its legal rights.
16) Variation of Terms and Conditions
a) We may vary the Terms and Conditions from time to time. Please ensure that you review the Terms and Conditions regularly as you will be deemed to have accepted a variation if you continue to use your.bham after any variation has been posted. We will use our reasonable endeavours to notify all substantive changes to the Terms and Conditions on your.bham News.
17) Competition terms
a) The University may, from time to time, have competitions, prize draws or other promotions and offers on your.bham. These will be subject to additional terms and conditions that will be made known to you.
18) Intellectual Property
a) All copyright and other rights that subsist in your.bham, save where otherwise expressly indicated, are the property of the University.
b) The names, images and logos identifying the University or third parties and their products and services, are the proprietary marks of the University of Birmingham, and/or as relevant the third parties. Any use made of these marks may be an infringement of rights in those marks and the University reserves generally its right to pursue such claims that may arise.
a) You agree to keep the University fully indemnified against all actions, claims, losses, damages and costs (whether paid by way of settlement or otherwise) suffered or incurred by or on behalf of the University and arising directly or indirectly from any breach (proven or alleged) by you of any of these Terms and Conditions.
21) Data Protection
a) By logging in to your.bham you agree that your data will be processed on behalf of the University on servers held in the United States by a company subject to an appropriate European Safe Harbour agreement.
b) We hold and process your personal data in accordance with the Data Protection Act 1988 and;
c) In accordance with our data protection statement: All data is held securely by the University of Birmingham and will be treated confidentially. Unless you tell us otherwise, the data may be made available to our academic and administrative departments, recognised alumni groups and societies (including overseas), the University of Birmingham American Foundation and individual alumni organising reunions.
Data will not be disclosed to external organisations, other than those acting as agents for the University on alumni related projects or for other legitimate reasons. The University may also provide information to certain external surveying companies working on behalf of such organisations as the Higher Education Survey Agency (HESA) or University funding bodies.
The data will be used for a full range of alumni activities, including sending University publications, promotion of benefits and services available to alumni, notification of alumni events and of programmes involving academic and administrative departments and the sending of SMS text messages.
Emails will be tracked and stored to ensure that we are better able to tailor our communications. Data will also be used in the University fundraising programmes. You have the right to object to the use of your data for any of the above purposes by contacting Sandra Jackson, Database Manager, Alumni Office, University of Birmingham, Edgbaston, Birmingham B15 2TT or email@example.com
d) In practice this includes but is not limited to the following:
i) student and alumni administration and the provision of education services including information about relevant University courses and Continuing Professional Development (CPD) opportunities and the University of Birmingham alumni programme which includes but is not limited to the sending of publications, event invitations and the provision of relevant benefits and services;
ii) accounting purposes;
iii) student and alumni record-keeping and your.bham publication purposes;
v) promotion of students and alumni to prospective employers;
vi) provision of references to prospective or actual employers or other third parties;
vii) relevant surveys;
viii) your health and safety; and
ix) any other reasonable purpose relating to our relationship with you both as a student and as an alumnus and deemed to sit within our data protection statement.
e) Where you provide us (or authorise others to provide us) with information relating to your health or welfare, we may hold and process such data in connection with the purposes listed in paragraph b and c. above.
f) We will not divulge your personal data to third parties without your consent, except in connection with the purposes listed in paragraph b and c above where we may transfer or disclose your personal data to third parties who may be located world-wide. It is therefore possible that your personal data may be processed in countries whose data protection laws do not afford as much protection as those in the UK and the European Union.
g) When you consent to the publication of your details on the your.bham Directory, you accept that such personal data may be transferred outside the European Economic Area to jurisdictions where data protection may be less stringent than in the UK.
a) The University of Birmingham and the Development and Alumni Office reserve the right to close your account after a period of inactivity in excess of one year.
a) We exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of our negligence) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with:
b) any information on your.bham or any other internet or web sites or the use of that information; or
c) the misuse of loss of data or information which you submit to us through your.bham or by email;
d) any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of your.bham.
a) If any of these Terms and Conditions is determined to be illegal, invalid or otherwise unenforceable, it will be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions will survive, remain in full force and effect and continue to be binding and enforceable.
25) Choice of law
a) These Terms and Conditions are governed by the laws of England and Wales. Any disputes arising from matters relating to your.bham will be exclusively subject to the jurisdiction of the courts of England and Wales. By accessing your.bham, you are accepting these Terms and Conditions.
These terms and conditions have been adapted from a text produced by the London Business School and its copyright in the work is hereby acknowledged