Why Not? Hub Community Website Terms of Use
Updated version: 26/08/2022.
The Community Website Terms of Use (“Terms of Use”) are defining 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, which apply in addition to the Privacy Policy.
These Terms of Service are permanently available www.whynothub.org.
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 The Why Not? Trust:
Registered office: Bremner House, Castle Business Park, Stirling, FK9 4TF
Scottish registered charity
Registered with the Scottish Charity Regulator (OSCR) under the number: SC048633
E-mail: [email protected]
Phone number: 01786810477
Publication Director: Nikki Thomas
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 Whynothub, edited by Hivebrite and provided by The Why Not? Trust, allowing User to benefit from the Service.
Data Protection Law: means
The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) and the Data Protection Act 2018, UK.
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 The Why Not? Trust 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 authorised by The Why Not? Trust 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, access information or also do networking.
The Service comprises a suite of online services provided by The Why Not? Trust, 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 www.whynothub.org or the Why Not? Hub mobile App.
The User must ensure to have (the “User’s System”):
Users shall bear all the costs for accessing the Service.
This shall require the entering of personal identification data through the online registration form accessible at the following address: www.whynothub.org.
The User shall enter user identification data such as name, surname, email and is invited to choose their password.
The User agrees to provide only accurate and complete information when creating or updating his/her Account information.
In order to benefit from the Services, the User must log-in and insert the email and password 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 The Why Not? Trust. 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 her/his password, the User can generate a new one by clicking on the link “Reset my password” available at www.whynothub.org or within the App.
The User is solely responsible for the activity that occurs on its User Account and will be responsible to keep its Identifiers secure and for the use of his Identifiers by third-parties or for any actions or declarations made through his User Account, whether fraudulent or not, and guarantees The Why Not? Trust against any request in this respect.
If the User has reason to believe that a person is fraudulently using identification elements or his User Account, she or he must immediately inform The Why Not? Trust by e-mail at the following address [email protected]
The User is solely responsible for the improper access, damage, disruption, loss or theft and adverse consequences caused by its breach of the confidentiality of the Identifiers. In case of loss, misappropriation or unauthorized use of its password, the User shall immediately notify The Why Not? Trust.
Users may not use another’s account without permission. 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 connection costs, whose price depends on your electronic communication service provider).
The Service and the Service Content belong and shall remain the property of The Why Not? Trust 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 Article 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 authorization of The Why Not? Trust. Any use of these Service Content not expressly authorised by The Why Not? Trust 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, User may not use or register any name, logo, brand or insignia of The Why Not? Trust or any of its schools or subdivisions for any purpose except with The Why Not? Trust prior written approval and in accordance with any restrictions required by The Why Not? Trust. These are the property of The Why Not? Trust or are subject to rights to use, duplicate or represent/communicate to the public that have been granted to such.
The Why Not? Trust is the producer of databases on the Community Website and The Why Not? Trust 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.
The Why Not? Trust 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. 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 The Why Not? Trust.
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 she or he retains ownership of all of his 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. The Why Not? Trust does not claim ownership of the User Content.
The User holds The Why Not? Trust 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 she or he has the legal right and capacity to enter into these Terms of Use in the User’s jurisdiction.
User warrants to be at least 14 years of age or older or an emancipated minor, or 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.
Persons aged 13 years old or less are not authorised to access the Service.
Generally, the User is committed to use the Services in accordance with Safe Use Agreement made available to the User at www.whynothub.org, and when registering as a User of the Service on the App.
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 The Why Not? Trust (or any individual officer or employee of The Why Not? Trust); (3) use that can be confused with official communications of <customer name> 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, she or he must use the “Report content” feature found under each post.
The Why Not? Trust has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing illicit activities. The Why Not? Trust 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, The Why Not? Trust 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 Article 11.2.
At any time, the User may delete its User Account by contacting The Why Not? Trust at the address or email address mentioned in Article 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 6 months, as consistent with the Privacy Policy.
The Why Not? Trust retains the right to suspend User’s access to the Service to make all investigations necessary following a report made pursuant to Article 10 or in case of presumed breach of Terms of Use which may be remediated. The User whose User Account is suspended will be informed by The Why Not? Trust of such a decision by email. The User has the possibility to send an email to The Why Not? Trust 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 remediated. If the violation of Terms of Use is not remedied within one (1) month from suspension notification, The Why Not? Trust 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.
The Why Not? Trust will delete inactive accounts after a continuous period of two years if the User has not used the Community Website. The User will be informed by email of the deletion of his or her 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 The Why Not? Trust, in compliance with the The Why Not? Trust Privacy Policy and the Cookie Policy, (collectively, “Privacy Policies”).
The Why Not? Trust will treat User Content as confidential information in accordance with these Terms of Use and the Privacy Policies.
The Why Not? Trust 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.
The Why Not? Trust 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 Article 10, any document, information, data, or elements available via the Service, including User Content (“Information”) is provided without any guarantees, notably that the Information is comprehensive or accurate.
The User is solely responsible for the use of the Information and bears all the risks arising from your reliance on this Information. The Information is provided on the condition that the User can determine its interest for a specific purpose before use. Under no circumstances The Why Not? Trust accepts liability for injury arising from reliance on the said Information, 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 The Why Not? Trust. The Why Not? Trust will have no responsibility or liability in connection with the User Content.
The Why Not? Trust expressly excludes any liability for events of any kind that may occur during any meeting organized 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. The Why Not? Trust 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 with use or the fact of having trusted 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, User does so solely at 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 it at the following address: The Why Not? Trust, Bremner House, Castle Business Park, Stirling FK9 4TF.
The User can use these contact details for any technical support request.
Governing Law and jurisdiction. These Terms of Use, will be governed by the laws of the United Kingdom, superseded by Scots law where appropriate, without regard to its conflicts of laws principles.
The User is informed, as consumer, of the possibility to use a conventional mediation procedure or any other alternative dispute resolution method. In particular, the User may refer the matter to the Consumer Ombudsman: Trading Standards Scotland.
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 Article 11.
Change of the Service. The Why Not? Trust 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 The Why Not? Trust with respect to the subject matter hereof.
Convention of proof. Electronic documents exchanged by electronic means between the User and The Why Not? Trust 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 The Why Not? Trust may be held liable for any breach of its contractual obligations resulting from a force majeure event as defined in applicable law and related jurisprudence.
The Why Not? Trust – Privacy Policy
This Privacy Policy is edited by The Why Not? Trust, a charity having its registered office at Bremner House, Castle Business Park, Stirling, Scotland FK9 4TF and registered with the Scottish Charity Regulator under the number SC048633, (hereafter, the “Data Controller”).
The Data Controller offers a platform for young care leavers and their Connectors to interact, access information relevant to them and engage with our community and events, (hereafter, the “Platform”) to its users which have subscribed on the Platform and as such have a user account (hereafter, the “Users”). The Platform is available at the following url address www.whynothub.org.
The Data Controller uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organisation of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind.
In this regard, the Data Controller collects and processes User’s personal data in accordance with the Privacy and Cookie policy.
The Data Controller is particularly aware and sensitive with regards to the respect of its Users privacy and personal data protection. The Data Controller commits to ensure the compliance of the processing it carries out as Data Controller in accordance with the Data Protection Law.
Data Protection Law is the Data Protection Act 2018 (UK) and the EU Regulation n°2016/679 regarding data protection dated April 27, 2016 named General Data Protection Regulation or “GDPR”.
The Data Controller has put in place an appropriate privacy and cookie policy to be fully transparent on how the personal data of Users are processed within the use of the Platform and services provided.
This privacy policy is intended for the Users of the Platform of the Data Controller.
The Data Controller has appointed a Data Protection Officer (hereinafter “DPO”) you may contact at the following address: [email protected]
Date of last update: 26/08/2022.
1. COLLECTED PERSONAL DATA
1.1 When subscribing on the Platform
When subscribing to the Platform, the User is informed that its following personal data is collected for the purpose of creating a user account:
Mandatory data
Optional data:
The User is informed that it is not possible to access the Platform without providing the mandatory data strictly necessary to create an account and authenticate the User.
1.2 During the use of the Platform
The User may validly publish, at its own initiative, any content on the Platform which shall be kept by the Company:
The User is aware that when using the Platform, the User may decide to provide ‘sensitive data’ within the meaning of Data Protection Law, for example, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, concerning sexual orientation, etc. By providing such sensitive data, the User agrees to their processing by the Platform in the conditions set forth in this Privacy Policy.
2. THE PURPOSE OF THE DATA PROCESSING
The Data Controller and its subcontractors process personal data that are freely transferred by the User when accessing the services proposed by the Platform for the following purposes:
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Purpose |
Legal basis |
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Creation and management of a user account; |
Consent
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Providing the User with all functionalities of the Platform, meaning:
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Management of data subjects rights according to the Personal Data Legislation. Storage of User personal data;
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Making statistics in order:
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Making statistics regarding the effective use of the Platform;
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Making statistics regarding the different levels of activity on the Platform. |
3. DATA RETENTION PERIOD
The Data Controller informs the User that the personal data related to the User Account is retained only during the length of the User’s subscription on the Platform.
Following the termination of said subscription, the data collected upon the subscription as well as the content published by the User on the Platform shall be deleted after a period of 6 months.
4. DATA TRANSFERS
The Users’ data are stored in the European Economic Area (EEA) by the Data Controller and its trusted service providers. However, depending on the processing, the Users’ data may also be transferred in a country outside the EEA, to our trusted service providers.
When transferring data outside the EEA, the Data Controller ensures that the data are transferred in a secured manner and with respect to the Data Protection Law. When the country where the data are transferred does not have a protection comparable to that of the EU, the Data Controller uses “appropriate or suitable safeguards”.
When the service providers to whom personal data are transferred, are located in the United States, these transfers are governed by the standard data protection clauses adopted by the Commission.
Users can access information on such safeguards by contacting the DPO at the following address: The Why Not? Trust, Bremner House, Castle Business Park, Stirling FK9 4TF or [email protected]
5. COMMITMENT OF THE DATA CONTROLLER
The Data Controller commits to process User’s personal data in compliance the Data Protection Law and undertake to, notably, respect the following principles:
6. EXERCISE OF THE USERS’ RIGHTS
The User is duly informed that it disposes at any time, depending on the legal basis of the processing, a right to access, to rectification, to erasure, to restriction of processing, to data portability, and to object.
When processing is based on User’s consent, the right to withdraw consent at any time, without affecting the lawfulness of the processing based on consent before its withdrawal.
The User can exercise its rights by sending an email to the following address [email protected] or by mail at the following address
In addition, in the event the User considers that its rights have not been respected, the User of which the personal data is collected can lodge a complaint before the competent supervisory authority. For any additional information, you can review your rights on the websites of the competent authorities.
The competent supervisory authorities are listed on the following website:
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
7. COOKIES
The Data Controller informs the User that Hivebrite, as well as its subcontractors, uses a tracking technology on its terminal such as cookies whenever the User navigates on the Platform subject to the conditions described in the Data Controller Cookie Policy at www.whynothub.org.
8. RECIPIENT AND PERSONS AUTHORIZED TO ACCESS THE USERS’ DATA
Only authorised persons working for the Data Controller and, in some cases, its subsidiaries, can access your personal data. The Data Controller makes its best effort to ensure that these groups of people remain as small as possible and maintain the confidentiality and security of User’s personal data.
The Data Controller may also use trusted service providers to carry out a set of operations on his behalf for hosting and payment services. The Data Controller can also use service providers in the tech industry, editors of specific tools integrated in the Platform for technical purposes.
The Data Controller only provides service providers with the information they need to perform the service and ask them not to use your personal data for any other purpose. The Data Controller does his best to ensure that all these trusted service providers only process the personal data on our documented instructions and provide sufficient guarantees, in particular in terms of confidentiality, expert knowledge, reliability and resources, to implement technical and organizational measures which will meet the requirements of the applicable legislation, including for the security of processing.
The Data Controller may be required to disclose or share your personal data to comply with a legal obligation, or to enforce or apply our terms of use/sale or any other conditions you have accepted; or to protect the rights, safety or property of The Why Not? Trust, its customers or employees.
List of the main service providers:
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Service Provider |
Service |
You can consult the privacy policy by clicking on the following link: |
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KIT UNITED
44 rue la fayette 75009 Paris France |
HIVEBRITE solution
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https://hivebrite.com/privacy-policy
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Google Cloud Platform Gordon House, 4 Barrow St, Dublin, Ireland |
Hosting of all data and content produced / provided by the User, as well as images, profile pictures and backups |
https://cloud.google.com/security/privacy/
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Amazon AWS 38 avenue John F. Kennedy, L-1855, Luxembourg |
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Sentry 132 Hawthorne Street San Francisco, CA 94107 USA
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Production and storage of error logs enabling our developers to correct the code |
https://sentry.io/privacy/ |
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Sendgrid 375 Beale Street, Suite 300, San Francisco, CA 94105 USA |
Sending of emails from the Platform |
https://api.sendgrid.com/privacy.html |
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Hivebrite, Inc. 16 Nassau St, New York, NY 10038, USA |
Customer support for the Platform |
https://hivebrite.com/privacy-policy
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