Arts Council England Place Based Peer Learning Programme Community Website Terms of Use
Updated: June 2023
The Community Website Terms of Use (“Terms of Use”) are the conditions under which you may access and use the Community Website and all the functionalities provided (hereinafter designated together the “Service”).
By accessing or using the Service or by logging into with your allocated User ID, you agree to be bound by these Terms of Use. The User undertakes to have legal ability and means required to access and use the Service and acknowledges to have read, understood and accepted without limitation or reservation the Terms of Use. The Terms of Use applies in addition to Arts Council England’s General Privacy Notice available on our website and the Specific Privacy Policy for the Community Website.
These Terms of Service are available on our website together with our Specific Privacy Policy for the Community Website https://www.artscouncil.org.uk/your-area/place-based-peer-learning-programme.
Please review these Terms of Service carefully prior to using the Service. If you do not agree with these Terms of Use, please do not use the Service.
The Service is provided by Arts Council England:
The Arts Council of England trading as Arts Council England, Registered office: The Hive, 49 Lever St, Manchester M1 1FN
Royal Charter Company and registered charity, charity number 1036733
E-mail: [email protected]
Phone number: 0161 934 4317 (10am – 4pm)
Hosting:
Google Cloud Platform
Company located at Gordon House, 4 Barrow St, Dublin, Ireland
Registered in the Dublin Trade and Companies Register under the number: 752925594
Phone number: +353 1 436 1000
Community Website: the online platform named Place Based Peer Learning Programme, edited by Hivebrite and provided by Arts Council England at placebasedpeerlearning.org.uk, allowing User to benefit from the Service.
Data Protection Law: means
without limitation (i) the United Kingdom General Data Protection Regulation (“UK GDPR”) and (ii) the Data Protection Act 2018 (“DPA 2018”) (together the “Data Protection Laws”) or as such other laws that may apply or as amended or replaced from time to time, that regulate the collection, processing and privacy of personal data.
User Account: means a dedicated online account opened by any visitor and providing an access to the Service.
Identifiers: means login and password or social login the User used to create the User Account.
Party or Parties: means the User and Arts Council England designated either individually or collectively.
Service: means the Community Website and all the functionalities provided thereto and described in the Terms and Conditions.
Service Content: any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials made available during the Service.
User or Users: means any person authorized by Arts Council England to access and use of the Service after creation of a User Account.
User Content: any content created, posted, or shared by the User, on or through the Service including any information, data, photos and other content relating to the User.
The Terms of Service will come into effect on first access to the Service for the entire duration of use.
The Service enables Users to connect with each other, build communities, or also do networking.
The Service comprises a suite of online services provided by Arts Council England, allowing the User to:
These Terms of Service govern the use of each component of the Service.
Access to the Service shall be subject to the creation of a User Account.
The Service is available on the website placebasedpeerlearning.org.uk or the mobile app Place Based Peer Learning Programme that can be downloaded through the Apple App Store and Google Play Store.
To access the Service, the User must ensure they have the following (together the “User’s System”):
Users shall bear all the costs for the User’s System and accessing the Service.
This shall require the entering of personal identification data through the online registration form accessible at the following address: https://placebasedpeerlearning.org.uk/.
The User shall enter user identification data such as name, surname, either personal or business email address, organisation, job title, allocated user ID and is invited to choose its Identifiers.]
The User agrees to provide only accurate and complete information when creating or updating their Account information.
In order to benefit from the Services, the User must log-in and insert the Identifiers the User used to create the User Account. Identifiers are personal and confidential. Users are responsible for keeping it secret and not disclose it to any third party in any form and for any reason whatsoever.
The User’s login can only be changed at the request of the User or at the initiative of Arts Council England. The User’s password is modifiable by the User through the User’s Account. The User is solely and entirely responsible for the use of the User’s Identifiers and undertakes to do everything possible to keep it secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever. If the User forgets their password, the User can generate a new one by clicking on the link “Reset my password” available placebasedpeerlearning.org.uk.
The User is solely responsible for and liable for the activity that occurs on their User Account and must keep their Identifiers secure. The User guarantees to Arts Council England that they shall. If the User’s Identifiers are used by third-parties and/or for any actions or declarations made through their User Account, whether fraudulent or not, the User indemnifies Arts Council England against any and all claims by reason of the third party’s user of their User Account and/or the User’s Identifiers.
If the User has reason to believe that a person is fraudulently using identification elements or their User Account, the User must immediately inform Arts Council England by email at the following address [email protected].
The User is solely responsible for any improper access, damage, disruption, loss or theft and adverse consequences caused by the User’s breach of the confidentiality of the Identifiers. In case of loss, misappropriation or unauthorised use of the User’s password, the User shall immediately notify Arts Council England.
Users and/or third parties shall not use another’s User’s account. A User Account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.
The Service is available for free of charge (excluding any User Services and/or connection costs, whose price depends on your User Services and/or electronic communication service provider).
Arts Council England may provide events through the Community Website. Such events may be free or they may require the User to pay a charge to access the event. The event information will provide the User with more information whey they are free or not, and if not free of charge the cost of that event.
The Service and the Service Content belong and shall remain the property of Arts Council England or its licensors as appropriate, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws.
The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in this Clause 7.2 and the User shall take all necessary measures to this effect. All rights not expressly granted to Users are reserved and retained.
Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of the Terms of Service or with prior express authorisation of Arts Council England. Any use of these Service Content not expressly authorised by Arts Council England shall constitute a violation of the Terms of Use and a violation of intellectual property rights.
Except as specifically permitted by these Terms of Use, the User may not use or register any name, logo, brand or insignia of Arts Council England for any purpose except with Arts Council England’s prior written approval and in accordance with any restrictions required by Arts Council England. These are the property of Arts Council England or are subject to rights to use, duplicate or represent/communicate to the public that have been granted to such.
Arts Council England is the producer of databases on the Community Website and Arts Council England is the owner of any databases made available. The User shall not extract or reuse a substantial qualitative or quantitative portion of the databases, including for private purpose.
Arts Council England grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service for User’s personal, non-commercial purposes. The User may only use the Community Website on devices that User owns or controls and as permitted by the App Store terms of service. User may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use. Except as specifically permitted by these Terms of Use, User may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of Arts Council England.
In connection with the use of the Services and Service Content or User’s Content, the User is not authorised to, or cannot allow a third party to:
The User represents and warrants that they retain ownership of all of their intellectual property rights in the User Content or that this User Content is subject to a license granted to the User by a third party holding these rights, under conditions allowing the User to freely use and/or transfer these elements for the purpose of using the Service, under the conditions described in the Terms and Conditions. Arts Council England does not claim ownership of the User Content.
The User holds Arts Council England harmless from all claims or actions brought by third parties on the grounds of an infringement of their rights, including, without limitation, publicity rights, copyrights, trademark and/or other intellectual property rights or privacy rights in the User Content.
By using the Service, the User represents and warrants that they have the legal right and capacity to enter into these Terms of Use in the User’s jurisdiction.
The User warrants to either be at least 18 years of age or older, or if the User is a vulnerable person meaning anyone who needs (or may need) community care services because of mental disability, other disability, age or illness and who is (or may be) unable to take care of themselves or unable to protect themselves against significant harm or exploitation (“Vulnerable Person”) that they possess legal parental or guardian consent, and is fully competent, to use the Service and to enter into and comply with these Terms of Use. If the User isa Vulnerable Person, the User must obtain verifiable consent from a parent or legal guardian. The parent or legal guardian shall be able to provide consent to for the User that is a Vulnerable Person for their use of the Service and the parent or legal guardian agrees to be bound by these Terms of Use in respect of the User that is a Vulnerable Person’s use of the Service.
Persons aged less than 18 years are not permitted or authorised to access the Service.
Generally, the User is committed to use the Services in accordance with this Terms of Service and any Code of Conduct. The Code of Conduct governing the User’s use of the Service is available on Arts Council England’s website and may be updated from time to time [with][without] notice to the User: https://placebasedpeerlearning.org.uk/
User may not post content which includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, misleading, libelous, slanderous, violent, hateful and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker (“Objectionable Content”)via the Service.
User may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the Service, including, without limitation, the User or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
User must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
User must not attempt to restrict another User from using or enjoying the Service and must not encourage or facilitate violations of these Terms of Service.
User may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited. Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by Arts Council England (or any individual officer or employee of Arts Council England); (3) use that can be confused with official communications of Arts Council England or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.
In order to ensure the Community Website provides the best experience possible for everyone, if a User sees any inappropriate content, they must use the “Report as offensive” feature found under each post.
Arts Council England has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing illicit activities. Arts Council England has set up a reporting tool allowing any User to notify illegal, abusive and harmful content.
The knowledge of such content is deemed effective when the hosting provider is notified of following:
If a User Content is reported, Arts Council England reserves the right to withdraw the reported content and/or suspend or terminate the User Account of the User having originally published the reported content in the conditions set forth in Clause 11.2.
At any time, the User may delete its User Account by contacting Arts Council England at the address or email address mentioned in Clause 15.
Deletion is effective immediately and all the data collected upon the subscription as well as the content published by the User on the Community Website is deleted after a period of 2 weeks.
Arts Council England retains the right to suspend the User’s access to the Service to make all investigations as necessary following a report made pursuant to Clause 10 or in case of a breach of Terms of Use or the Code of Conduct which may be remediated by the User or where a complaint or concern is raised about the User under Arts Council England’s Complaints Process and/or Raising a Concern Process as published on Arts Council England’s website from time to time. The User whose User Account is suspended will be informed by Arts Council England of such a decision by email. The User has the option to send an email to Arts Council England to obtain additional information on the reasons for the suspension as well as to provide explanations and/or any element in order to demonstrate that the breach has been remedied. If the violation of Terms of Use or the Code of Conduct is not remedied within one (1) month from suspension notification, Arts Council England reserves the right to terminate the applicable User’s Account and right to use the Service, in addition to any other rights or remedies available.
Notwithstanding Arts Council England’s right to suspend, the User has the option to use Arts Council England’s Complaints Process as published from time to time on Arts Council England’s website https://www.artscouncil.org.uk/making-complaint
Arts Council England will delete inactive accounts after a continuous period of two (2) years the User has not used the Community Website. The User will be informed by email of the deletion of their account subject to prior notice of two (2) weeks allowing the User to object to such deletion.
By using the Service, User’s personal data, in the meaning of Data Protection Law, may be collected and processed by Arts Council England, in compliance with the Arts Council England’s General Privacy Policy, Specific Privacy Policy and Privacy the Cookie Policy, (collectively, “Privacy Policies”).
Arts Council England will treat User Content as confidential information in accordance in accordance with these Terms of Use and the Privacy Policies.
Arts Council England is not responsible for the User’s device compatibility nor if the User is unable to connect due to any technical problem related to the Internet network or a failure in the User's computer facilities and equipment.
Arts Council England shall not be responsible for User’s System nor any problems arising from or related to User’s System or caused by the Internet. User is responsible for the security of the User System and the security of its access to and connection with the Services.
Insofar as it has not been reported in the conditions of Clause 10, any document, information, data, or elements available via the Service, including User Content (“Content”) is provided without any guarantees or warranties, including but not limited to that the Content is comprehensive or accurate.
The User is solely responsible for the use of the Content and bears all the risks resulting from their reliance on this Content. Under no circumstances does Arts Council England accept liability for loss or damage arising from the User’s reliance on the said Content, its use or use of a product to which it refers.
The User is solely responsible for all User Content posted, and assumes all risks relating to its use by others and others’ reliance on its accuracy. The User acknowledges that, following the publication of the any content, its information will become accessible to all the Users on the Community Website and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and Arts Council England. Arts Council England will have no responsibility or liability in connection with the User Content.
Arts Council England expressly excludes any liability for events of any kind that may occur during any meeting organised between Users within the use of the Services.
The Community Website may provide links to websites operated by third parties or other internet sources/networks, as well as data/information coming from third-party servers. Arts Council England does not endorse or accept responsibility for the content or the use of third-party websites and cannot be held liable for any damage following or in relation to the use of third party-websites or the content/data/results available on such third-party servers, external sources or internet sites.
If a User uses third-party sites or content from third-party servers, the User does so solely at the User’s own risk. Links do not imply that the Company is affiliated or associated with any linked site.
For any questions regarding the Terms of Use, especially use of the Service or any claim, please email us at [email protected] or post at the following address: Arts Council England, Place Based Peer Learning Programme, The Hive, 49 Lever St, Manchester M1 1FN
The User can use these contact details for any technical support request.
Complaints. If the User has a complaint about Arts Council England, the User may use our complaints process as published on our website: https://www.artscouncil.org.uk/making-complaint
Governing Law and jurisdiction. These Terms of Use, will be governed by the laws of England and Wales without regard to its conflicts of laws principles.
Change of Terms of Use. These Terms of Use are subject to change from time to time. Any changes will be posted to this page. Use of this Service or any Service Content after entering into force the new version of the Terms of Use will constitute the agreement to the modified Terms of Use. If the User disagrees with such modification of the Terms of Use, the User may terminate the Service and delete its User Account under the conditions set forth in Clause 11.
Change of the Service. Arts Council England may further develop or modify the Service or the Service Content only to improve its quality. The User will be informed of such development/modification as soon as it is implemented.
Severability; Entire Agreement. Except in the case of invalidity of an essential clause, if any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. These Terms of Use, including the Privacy Policies, set forth the entire understanding and agreement between the User and Arts Council England with respect to the subject matter hereof.
Convention of proof. Electronic documents exchanged by electronic means between the User and Arts Council England shall be regarded as writings having the same probative force as writings on paper in the meaning of applicable law. They may constitute faithful and durable copies in accordance with applicable law, so that the User is invited to keep them.
Force majeure. In no case shall Arts Council England be held liable for any breach of its contractual obligations resulting from a force majeure event as defined in applicable law and related jurisprudence.
Arts Council England Place Based Peer Learning Programme Community Website Privacy Policy
Updated: June 2023
About this notice
Arts Council England ('we' 'us' 'our') and our supplier, Hivebrite collects, stores and uses (processes) a range of information from you to manage the Place Based Peer Learning Programme Community Website at https://placebasedpeerlearning.org.uk/ (the Community Website), and to fulfil our objects as set out in our Royal Charter. You can find our Royal Charter on our website.
We are committed to being transparent with you about how we collect, use and store (process) that information.
This specific privacy notice tells you what to expect when we or our supplier, Hivebrite (Hivebrite) collect, use and store your personal data.
This specific privacy notice is in addition to our General Privacy Notice and Hivebrite’s Privacy Policy. You can find our General Privacy Notice on our website. You can find Hivebrite’s Privacy Policy on their website: https://hivebrite.com/privacy-policy
This specific privacy notice applies to personal data we may collect, create, receive, use and store:
When you apply for a user account for the Community Website
When you login to your user account for the Community Website
When you post to, reply to, or read posts from the Community Website
When you interact with other users publically and privately on the Community Website
This specific privacy notice provides details of how you can exercise your rights under Data Protection Laws, which means the Data Protection Act 2018 (DPA 2018) and the United Kingdom General Data Protection Regulation (UK GDPR) or such other laws as may apply or come into force that regulate the collection, processing, and privacy of personal data.
Your Rights
Under the UK GDPR we must ensure that your personal data is:
Treated fairly, lawfully and in a transparent manner
Only collected for specified, explicit and legitimate purposes
Adequate, relevant and limited to what is necessary
Accurate and, where necessary, kept up to date
Kept for no longer than is necessary
Kept securely and protected against unauthorised or unlawful processing, accidental loss, destruction or damage, using appropriate measures.
You have the right to:
Be informed about our processing of your personal data
Request access to your personal data and information about how we process it
Request that your personal data is amended if inaccurate and that incomplete personal data is completed
Request the restriction or suppression of your personal data
Request the erasure or deletion of your personal data
Move, copy or transfer personal data (Data Portability) - where the processing is based on consent or for the performance of a contract; and when processing is carried out by automated means.
Object to the processing of your personal data
Be informed about automated decision-making and profiling.
Withdraw your consent to our processing of your personal data where our processing of your data is based on consent
If you want to exercise one or more of your rights, please:
Either email our Information Team at [email protected]
Or call us on 0161 934 4317
If you want to make a subject access request, please email our Information Team at: [email protected]
Please note that we may need to take steps to verify your identify if, as an example, you email or call us from an email address or telephone number that is not on our file.
What information do we collect?
We and Hivebrite collects, stores, and uses (process) a range of personal information about you:
your names
your email address
the organisation that you work or volunteer for
your job title
if you login with your LinkedIn or Facebook or Google account, that you have one of these accounts and your corresponding user ID for your account with LinkedIn or Facebook or Google
your geolocation
How we collect this information?
We and Hivebrite collects this information in a number of ways; through your application for a user account; information that is publically available online; if you login with your LinkedIn or Facebook or Google account, the information that LinkedIn or Facebook or Google shares with us to complete your application for a user account.
We and Hivebrite stores this information in a number of different places, such as our IT systems and Hivebrite’s IT systems that provides the underlying platform for the Community Website.
How will we use information about you?
Our legal basis for collecting, storing and using (processing) information about you is:
Your Consent
Legal Obligation
We need to collect, store, and use (process) information about you to ensure that we and Hivebrite may provide you the Community Website.
Who has access to data?
Your information may be shared internally with:
Our Place Based Peer Learning Programme Community Team
Our IT staff
If you make a complaint or raise a concern, to our Complaints Team
If you make a Subject Access Request or a Freedom of Information Request, to our Information Team
We may share your information externally with:
Hivebrite
Hivebrite’s IT staff
External Legal Advisors where relevant
Hivebrite may share your information with their suppliers. Please see Hivebrite’s Privacy Policy on their website: https://hivebrite.com/privacy-policy
We will not transfer your data to countries outside the European Economic Area.
Hivebrite and their suppliers and subprocessors may transfer your data outside of the European Economic Area. Where Hivebrite makes such a transfer they will ensure that your privacy rights continue to be protected and use Standard Contractual Clauses to transfer data. Please see Hivebrite’s Privacy Policy on their website: https://hivebrite.com/privacy-policy
How do we protect data?
We take the security of information, which includes your data, seriously. We have internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our staff and Hivebrite in the performance of their duties.
Where we engage third parties to process personal data on our behalf, they do so on the basis of our written instructions. Those third parties are under a duty of confidentiality to us and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
How long will we use your information for?
We will only retain your personal information for as long as necessary to fulfil the purposes for which we collect it, including for the purposes of satisfying any legal, accounting or reporting requirements.
Our supplier, Hivebrite’s Privacy Policy sets out how long they will retain your personal information. Please see Hivebrite’s Privacy Policy on their website: https://hivebrite.com/privacy-policy
In some circumstances, we or Hivebrite may anonymise personal information so that it can no longer be associated with you, in which case we may use that information without further notice to you.
What if you do not provide us with your personal data?
You do not need to provide us with your personal data but you will not be able to use the Community Website.
Automated decision-making
Decisions are not based solely on automated decision-making.
Changes to this specific privacy notice
We reserve the right to update this specific privacy notice at any time.
We will provide you with a new specific privacy notice when we make any substantial updates, which will be available on our intranet.
We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact the DPO.