Terms of Use & Privacy Policy
PLEASE READ CAREFULLY BEFORE REGISTERING TO USE THE ONLINE BRIGADE MANAGER PLATFORM VIA OUR WEBSITE.
Your use of the Platform
These terms of use ("Conditions") are a legal agreement between you ("End-user" or "you") and The Boys Brigade and apply to your use of our Online Brigade Manager platform ("the Platform") at https://obm.boys-brigade.org.uk ("the Website") as a registered user.
The Platform is made available to you on the basis of these Conditions. By clicking on the "accept" button below, when registering to use the Platform via the Website, you agree to these Conditions, which will bind you.
These Conditions also apply as our privacy policy, and include the terms on which we will use the data you provide to us (including personal data).
If you do not agree to these Conditions, you must not tick the "tick-box" to agree with these conditions or click the ‘Continue’ button, and therefore you will not be able to use the Platform. The Platform is only available via this Website.
About Us and our Partners
The Boys Brigade is registered in England and Wales under company number 145122 and we have our registered office and main trading address is at Felden Lodge, Felden Lane, Hemel Hempstead, Hertfordshire. Our contact number is 01442 231 681.
The Platform is hosted for us by Online Youth Manager Limited ("OYM"), and we will allow OYM to benefit from certain rights which you grant to us under these Conditions (in particular to host your data and to use your profile for testimonials).
You should print a copy of these terms and conditions for future reference.
NOW IT IS HEREBY AGREED as follows:-
1. Acknowledgements
1.1. These Conditions apply to the Platform and any and all of the services accessible
through the Platform, including any updates or supplements to the same.
1.2. We may change these terms at any time by notifying you of a change when you
next log onto the Platform. The new terms may be displayed on-screen and you
may be required to read and accept them to continue your use of the Platform.
1.3. By using the Platform, you acknowledge and agree that internet transmissions are
never completely private or secure. You understand that any message or
information you send via the Platform may be read or intercepted by others, even if
there is a special notice that a particular transmission is encrypted.
2. Your use of the Platform
2.1. The Platform is made available free of charge, but is only made available to you
when you are authorised by us to use the Platform. The authorisation for your use
of the Platform may be withdrawn by us from time to time without reason, and
without prior notice, including but not limited to in circumstances where you have
failed to comply with these Conditions.
2.2. We do not guarantee that the Platform, or any content on it, will always be
available or be uninterrupted. Access to the Platform is permitted on a temporary
basis. We may suspend, withdraw, discontinue or change all or any part of the
Platform and/or its functionality without notice. We will not be liable to you if for any
reason the Platform is unavailable at any time or for any period.
2.3. You are responsible for making all arrangements necessary for you to have
access to the Platform, and for ensuring that all persons who access the Platform
through your internet connection are aware of these Conditions and other
applicable terms and conditions, and that they comply with them.
2.4. We, and OYM as our third party website hosting provider, are entitled to monitor
your usage and use of the Platform from time to time, and without notice to you.
3. Your Account and Password
3.1. When you register to use the Platform, you will set a password. You must treat
this, together with your login information, as confidential, and you must not
disclose any such information to a third party. This information permits you to
access your secure area of the Platform, and for this reason there is a major
security risk if you provide this information to a third party.
3.2. We have the right to disable access to your account, and to suspend the use of
your password, at any time, if in our reasonable opinion you have failed to comply
with any of the provisions of these Conditions.
3.3. If you know or suspect that anyone other than you knows your password, or login
information, you must immediately change it through the system.
4. Making Payments through the Platform
4.1. Certain functionality within the Platform may allow you to make payments to us or
to third parties.
4.2. The Platform provides you with access to a third party payment broker,
GoCardless. Should you wish to use GoCardless, you will enter into a separate
agreement with GoCardless in accordance with their standard terms and
conditions. We provide no warranties whatsoever in respect of the GoCardless
service. Since we are not providing, in control of, or responsible for the
GoCardless service, you agree that we shall have no liability whatsoever in
respect of that service, save only that when a transaction is properly effected
through GoCardless, we will record the transaction through the functionality of
Platform.
4.3. Where you make a payment via GoCardless, we will charge a transaction fee. The
amount of this transaction fee will be explained to you at the time of payment via
the Platform.
5. Uploading Content via the Platform
5.1. Whenever you make use of a feature that allows you to upload content to the
Platform, or to make contact with other users, you must comply with the content
standards set out in our acceptable use policy from time to time, which will be
made available to you via the Platform.
5.2. 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.
5.3. You retain all of your ownership rights in your content, but you are required to
grant us and other users of the Platform a limited licence to use, store and copy
that content and to distribute and make it available to third parties. The rights you
license to us are described in the next paragraph (Rights you grant).
5.4. 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 the Platform constitutes a violation
of their intellectual property rights, or of their right to privacy.
5.5. We have the right to remove any posting you make on the Platform if, in our
opinion, your post does not comply with the content standards set out in our
Acceptable Use Policy.
5.6. 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.
6. Rights you grant
6.1. When you upload or post content to our site, you grant a royalty free, non
exclusive licence to us and our licensor to use any of the uploaded data by you.
6.2. You agree that we and OYM will be entitled to use any content uploaded by you to
the Platform, including your name and status within the organisation for the
content of testimonials for marketing purposes both for our own internal services,
and to promote other services offered by OYM (see 14.14).
7. Viruses
7.1. We do not guarantee that the Platform will be secure or free from bugs or viruses.
7.2. You are responsible for configuring your information technology, computer
programmes and platform in order to access the Platform. You should use your
own virus protection software.
7.3. You must not misuse the Platform by knowingly introducing viruses, trojans,
worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to the Platform, the server on
which the Platform is stored or any server, computer or database connected to the
Platform. You must not attack the Platform 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 the Platform will cease immediately.
8. Third party links
The Platform may contain links to other independent third-party websites ("Thirdparty
Sites"). Third-party Sites are not under our control, and we are not
responsible for and do not endorse their content or their privacy policies (if any).
You will need to make your own independent judgement regarding your interaction
with any Third-party Sites, including the purchase and use of any products or
services accessible through them.
9. Restrictions
9.1. Except as expressly set out in these Conditions or as permitted by any local law,
you agree:
9.1.1. not to copy, reproduce, publish, distribute, broadcast, transmit, modify,
adapt, edit, abstract, create derivative works of, store, archive, publicly
display, sell or in any way commercially exploit any part of the Platform
or any content uploaded to it;
9.1.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or
modify the Platform;
9.1.3. not to disassemble, decompile, reverse-engineer or create derivative
works based on the whole or any part of the Platform or attempt to do
any such thing except to the extent that (by virtue of section 296A of the
Copyright, Designs and Patents Act 1988) such actions cannot be
prohibited because they are essential for the purpose of achieving interoperability
of the Platform with another software program, and provided
that the information obtained by you during such activities:
9.1.3.1. is used only for the purpose of achieving inter-operability
of the Platform with another software program;
9.1.3.2. is not unnecessarily disclosed or communicated without
our prior written consent to any third party; and
9.1.3.3. is not used to create any software that is substantially
similar to the Platform.
10. Acceptable use restrictions
You must:
10.1.1. not use the Platform in any unlawful manner, for any unlawful purpose,
or in any manner inconsistent with these Conditions, or act fraudulently
or maliciously, for example, by hacking into or inserting malicious code,
including viruses, or harmful data, into the Platform or any operating
system;
10.1.2. not infringe our intellectual property rights or those of any third party in
relation to your use of the Platform, including the submission of any
material (to the extent that such use is not licensed by these
Conditions);
10.1.3. not transmit any material that is obscene, indecent, pornographic,
seditious, defamatory, offensive, threatening, liable to incite racial
hatred, menacing or otherwise objectionable in relation to your use of
the Platform;
10.1.4. not use the Platform in a way that could damage, disable, overburden,
impair or compromise our systems or security or interfere with other
users; and
10.1.5. not collect or harvest any information or data from any Service or our
systems or attempt to decipher any transmissions to or from the servers
running any Service. together Acceptable Use Restrictions.
11. Intellectual property rights
11.1. You acknowledge that all intellectual property rights in the Platform anywhere in
the world belong to us or our licensors, that rights in the Platform are licensed (not
sold) to you, and that you have no rights in, or to, the Platform other than the right
to use each of them in accordance with these Conditions.
11.2. You acknowledge that you have no right to have access to the Platform in sourcecode
form.
12. Limitation of liability
12.1. You acknowledge that the Platform has not been developed to meet your
individual requirements.
12.2. If you are a consumer user, please note that we only supply the Platform for
domestic and private use. You agree not to use the Platform for any commercial,
business or resale purposes, and we have no liability to you for any loss of profit,
loss of business, business interruption, or loss of business opportunity.
12.3. 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:
12.3.1. use of, or inability to use the Platform;
12.3.2. use of or reliance on any content displayed on the Platform.
12.4. We will not be liable for any loss or damage caused by a virus, distributed denialof-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 the Platform or to your use or download of any content on it, or any
website linked to it.
12.5. Nothing in these Conditions shall limit or exclude our liability for:
12.5.1. death or personal injury resulting from our negligence;
12.5.2. fraud or fraudulent misrepresentation; and
12.5.3. any other liability that cannot be excluded or limited by English law.
13. Communication between us
If you wish to contact us in writing, or if any of these Conditions requires you to
give us notice in writing, you can send this to us by e-mail to membership@boysbrigade.org.uk.
We will confirm receipt of this by e-mail.
If you have a problem accessing the Platform or any questions on use of the
Platform, you can access the "help" and "community help forum" sections of the
Platform, or submit a question to us via the Platform.
If you cannot access the Platform at all, you can also email us at membership@boys-brigade.org.uk
14. How we use your data
14.1. This condition sets out the basis on which any personal data we collect from you,
or that you provide to us (including any personal data of Boys Brigade members in
respect of whom you are a parent, guardian or leader) may be used and
processed by us. Please read this clause carefully to make sure you understand
how we will treat your personal data. By agreeing to these Conditions, you are
accepting and consenting to our use of your data described in this Condition 14.
14.2. For the purposes of the Data Protection Act 1998 ("the Act"), the data controller is
The Boys Brigade.
14.3. The Boys Brigade ("We") are committed to protecting and respecting your privacy.
14.4. Information that you might upload to the Platform, may relate to other members of
the Boys Brigade, including children and young adults. By uploading information
about these individuals, as parents/guardians, you consent to the processing of
their information by us, and by leaders, OYM and GoCardless. Such data may also
be shared with SMS providers, in particular to allow them to send text messages to
you. The data may also be aggregated for internal purposes, provided that all
aggregated data will be anonymised.
14.5. Please read the following carefully to understand our views and practices
regarding your personal data and how we will treat it. By visiting https://obm.boysbrigade.org.uk
you are accepting and consenting to the practices described in
these conditions.
14.6. We may collect and process the following data about you:
Information you give us. You may give us information about you and Boys
Brigade members (including children and young adults for whom you are
responsible) through the applications available to you on the Platform or by
corresponding with us by phone, e-mail or otherwise. This includes information you
provide when you register to use our site, subscribe to our service, use the
Platform (including use of the Platform to make payments), participate in
discussion boards or other social media functions on the Platform. The information
you give us may include the name, address, e-mail address, phone numbers,
financial and credit card information, personal description and photographs.
Information we collect about you. With regard to each of your visits to the
Platform we may automatically collect the following information:
* technical information, including the Internet protocol (IP) address used to
connect your computer to the Internet, your login information, browser type
and version, time zone setting, browser plug-in types and versions,
operating system and platform;
* information about your visit, including the full Uniform Resource Locators
(URL) clickstream to, through and from our site (including date and time);
products you viewed or searched for; page response times, download
errors, length of visits to certain pages, page interaction information (such
as scrolling, clicks, and mouse-overs), and methods used to browse away
from the page and any phone number used to call our customer service
number.
Information we receive from other sources. We may receive information about
you if you use any of the other websites we operate or the other services we
provide. In this case we will have informed you when we collected that data that it
may be shared internally and combined with data collected on the Platform. We
are also working closely with third parties (including, OYM, GoCardless and for
example, business partners, sub-contractors in technical, payment and delivery
services, advertising networks, analytics providers, search information providers,
credit reference agencies) and may receive information about you from them.
14.7. Our website uses cookies to distinguish you from other users. This helps us to
provide you with a good experience when you browse our website and also allows
us to improve our site. For detailed information on the cookies we use and the
purposes for which we use them see our Cookie policy https://obm.boysbrigade.org.uk/cookies.php
14.8. 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 provide you with information about other goods and services we offer
that are similar to those that you have already purchased or enquired
about;
* to notify you about changes to our service;
* 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;
* to measure or understand the effectiveness of advertising we serve to you
and others, and to deliver relevant advertising to you;
* to make suggestions and recommendations to you and other users of our
site about goods or services that may interest you or them.
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).
14.9. We may share your personal information with any member of our group, which
means our subsidiaries, our ultimate holding company and its subsidiaries, as
defined in section 1159 of the UK Companies Act 2006.
14.10. 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. In particular, we will share your
information with OYM, who operate the Platform for us under contract, and
any third party payment provider who administer payments on our and your
behalf through the Platform (including but not limited to GoCardless)
* Advertisers and advertising networks that require the data to select and
serve relevant adverts to you and others. We do not disclose information
about identifiable individuals to our advertisers, but we may provide them
with aggregate information about our users (for example, we may inform
them that 500 men aged under 30 have clicked on their advertisement on
any given day). We may also use such aggregate information to help
advertisers reach the kind of audience they want to target (for example,
women in SW1). We may make use of the personal data we have collected
from you to enable us to comply with our advertisers' wishes by displaying
their advertisement to that target audience
* Analytics and search engine providers that assist us in the improvement
and optimisation of our site.
14.11. We may disclose your personal information to third parties:
* In the event that we sell or buy any business or assets, in which case we
may disclose your personal data to the prospective seller or buyer of such
business or assets.
* If The Boys Brigade or substantially all of its assets are acquired by a third
party, in which case personal data held by it about its customers will be one
of the transferred assets.
14.12. If we are under a duty to disclose or share your personal data in order to comply
with any legal obligation, or in order to enforce or apply these Conditions and other
agreements; or to protect the rights, property, or safety of The Boys Brigade, our
customers, or others. This includes exchanging information with other companies
and organisations for the purposes of fraud protection and credit risk reduction.
14.13. Where we store your personal data
* The data that we collect from you may 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 for one of
our suppliers. Such staff maybe engaged in, among other things, the
processing of your payment details and the provision of support services.
By submitting your personal data, you agree to this transfer, storing or
processing. We will take all steps reasonably necessary to ensure that your
data is treated securely and in accordance with this privacy policy.
* All information you provide to us is stored on our secure servers. Any
payment transactions will be encrypted. The terms of encryption can be
reviewed in the third party payment providers' terms and conditions.
* 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.
14.14. Your rights
* 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
exercise your right to prevent such processing by checking certain boxes
on the forms we use to collect your data. You can also exercise the right at
any time by contacting us at membership@boys-brigade.org.uk
* 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.
14.15. 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. Any access request
may be subject to a fee of £10 to meet our costs in providing you with
details of the information we hold about you.
14.16. Any changes we may make to the privacy terms in this condition 14 in the future
will be posted on this page and, where appropriate, notified to you by e-mail.
Please check back frequently to see any updates or changes.
15. Other important terms
15.1. We may transfer our rights and obligations under these Conditions to another
organisation, but this will not affect your rights or our obligations under these
Conditions.
15.2. You may only transfer your rights or obligations under these Conditions to another
person if we agree in writing.
15.3. If we fail to insist that you perform any of your obligations under these Conditions,
or if we do not enforce our rights against you, or if we delay in doing so, that will
not mean that we have waived our rights against you and will not mean that you do
not have to comply with those obligations. If we do waive a default by you, we will
only do so in writing, and that will not mean that we will automatically waive any
later default by you.
15.4. Please note that these Conditions are governed by English law. You and we both
agree that the courts of England and Wales will have exclusive jurisdiction.
Last updated: 05/09/2016