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Terms and Conditions

Our Terms and Conditions include Terms of Use & Disclaimers, as well as a Privacy Policy, for our website, and information about GDPR.

Terms of Use & Disclaimers

The following disclaimers and terms of use govern the use by you of Upper Iowa University web pages. These disclaimers and terms of use apply to all materials that are or become available on Upper Iowa University web pages. By accessing and using Upper Iowa University’s web pages, you specifically agree to abide by these rules and any modifications to them.

1. Modifications.

These disclaimers and terms of use may be modified by Upper Iowa University at any time without notice, and such modifications shall be effective immediately upon posting of the modified disclaimers and terms of use on Upper Iowa University’s web site. You agree to review these disclaimers and terms of use periodically to be aware of such.

2. Disclaimer of Contract.

All information provided in Upper Iowa University web pages is provided for information purposes only and does not constitute a legal contract between Upper Iowa University and any person or entity unless otherwise specified.

3. Disclaimers and Limitation of Liability.

The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to, the implied warranties and merchantability, fitness for a particular purpose, and non-infringement. The content of this web site has been compiled from a variety of sources and is subject to change without notice. A possibility exists that the server materials could include any accuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the web site materials. Although Upper Iowa University tries to ensure the integrity and the accuracy of the web site materials, it makes no guarantees about their correctness or accuracy. Upper Iowa University makes no representation or warranty whatsoever regarding the completeness, quality, non-infringement, accessibility, or adequacy of the contents of the web site, or the suitability, functionality, or operation of this web site, its contents, or its use with any other equipment or software. By using this web site, you assume the risk, that the contents of this web site may be inaccurate, incomplete, or offensive or it may not meet your needs and requirements.

The views and opinions expressed on Upper Iowa University web pages do not necessarily state or reflect those of Upper Iowa University. Any links to external web sites, references to products or services, or non-Upper Iowa University information provided on Upper Iowa University web pages are provided as a courtesy. Such courtesy information does not necessarily constitute or imply its endorsement, recommendations, or favoring by Upper Iowa University the content or views of the linked materials.

Under no circumstances, including by not limited to, negligence, shall Upper Iowa University be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use Upper Iowa University’s web pages, including, without limitation use of, or reliance on, information available on Upper Iowa University’s, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance even if Upper Iowa University has been advised of the possibility of such damages.

4. Release and Indemnity.

You hereby release and waive any and all claims and/or liability against Upper Iowa University arising from or in connection with your use of Upper Iowa University’s web pages. You also agree to defend, indemnify and hold harmless, Upper Iowa University and any of it employees, from and against, any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of Upper Iowa University’s web pages or failure to abide by applicable law.

5. Governing Laws and Jurisdiction.

These disclaimers and terms of use shall be governed by and construed in accordance with the laws of the state of Iowa, United States of America, without giving effect to any principals of conflicts of laws as they apply to agreements made and fully performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Iowa and jurisdiction therefore shall rest solely in the state of Iowa, United States of America.

6. Severability.

These Disclaimers and Terms of Use incorporate by reference any notices contained on the Upper Iowa University web site and constitute the entire agreement with respect to your access to and use of Upper Iowa University’s web site, any provision shall be deem severable from the remaining provisions and shall not affect their validity and enforceability.

7. Copyright.

All compilation and content of this site, including its assembly, design, text illustrations, photographs, logos, etc., are the intellectual property of Upper Iowa University. All world wide rights, titles and interests are reserved. By accessing and using this web site, you agree to abide by United States and international copyright law and all other applicable laws. No part of this web site may be copied without written permission. You may cite or refer to the URL of this web site without limitation. Certain links within this site link to external web sites. Material at those external sites may be copyrighted to the organizations responsible for those sites. This copyright notice in no way applies to those external sites.

8. Claims of Copyright Infringement.

Claims of copyright infringement are handled according to procedures in compliance with provisions of the Digital Millennium Copyright Act. Upper Iowa’s designated DMCA agent will receive claims of infringement. The DMCA requires such claims to contain certain information (see below) (DMCA section 512 (c) (3) (A)) including location of infringing materials. Penalties also exist for knowingly misrepresenting a claim (DMCA section 512(f)).

Designated DCMA Agent

Webmaster
Upper Iowa University
PO Box 1857
Fayette, IA 52142-1857
Phone: (563) 425-5259
E-mail: [email protected]

Notification of Claimed Infringement

DMCA Section 512 (c) (3) (A) requires the following of notices alleging copyright infringement:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Section 512 (d) (3) requires similar information for notices requesting removal of links or other references to infringing materials.

Website Privacy Policy

Revised:  March 6, 2019

PURPOSE

Upper Iowa University (凯发 or University) is committed to safeguarding your privacy when you visit official university websites.  Official University websites use the domains of ab-creation.net and ab-creation.net.hk and are controlled, operated, and maintained by University personnel in connection with University business.  This website privacy policy explains what information we collect when you visit one of our websites and how we use that information.

DEFINITIONS

Cookies — a piece of data stored on your computer or mobile device that uniquely (but anonymously) identifies your browser or device.  Our website uses cookies to distinguish you from other users.  This helps us to provide you with a good experience when you browse our websites and also allows us to improve our websites.

IP address – a number that is assigned to your computer when you log on and that is automatically identified when a computer connects to a server.  An IP address identifies the computer, not the computer user.

POLICY

This policy, along with our terms of use, describes how we collect and use your personal data during your use of our websites.  Any information collected will be used for University purposes only.  By visiting any of our websites, you are accepting the practices described within this document.

Information Collection and Use  

凯发 websites collect some information from our visitors so we can adjust our websites to meet our users’ needs and expectations. Some of this information is collected automatically when you access any 凯发 web page and other information is provided by you to us on a voluntary basis. 

Information Gathered Automatically

凯发 collects non-personally identifying information such as the browser type, operating system, language preference, referring site, the date and time(s) of your visit, and the webpages, files, documents and links accessed during your visit.  凯发 servers may log and track your IP address but does not normally link IP addresses to personally identifiable information.  The University may use IP addresses to identify a user when necessary to enforce compliance with law or University policies and for purposes of system administration.

凯发 uses cookies on our websites to enhance your current and future visits to our websites.  No personal information is collected and 凯发 does not store any personally identifying information other than a temporary session ID used to identify a user navigating through the website.  凯发 also uses the services of outside businesses such as advertisers which may utilize their own cookies and use the data collected on 凯发’s website for marketing, advertising, enrollment management and quality control purposes.  凯发 has no access or control over these outside businesses’ cookies.

Some 凯发 web sections use Google Analytics to gather statistics about web traffic and to provide basic quality control services for our web content.  For more information, read the privacy policies for Google Analytics and Monsido.

Users can set their browsers to receive notification when a website sends them a cookie so users may accept or reject it.  Rejecting or disabling cookies may cause parts of that web page to not function properly.

Information You Provide to Us

The University will only collect Personally Identifiable Information (PII) which you knowingly and voluntarily provide.  If you provide us with personal information, we may use this information to contact you in regard to your implied interest in the University.  The transmission of any PII data is secured with the use of SSL encryption to ensure this sensitive information remains private.  If you are requested to provide personal information that you do not wish to provide electronically, contact the University by postal mail or telephone.

Disclosure/Third party

Other than directory information, data you provide to us as you use 凯发’s websites will be held in strictest confidence by the University and its employees, and will be used for University purposes only.  We will not sell your personal data.

Some 凯发 websites may link to websites that are outside the “ab-creation.net” domain and are controlled and operated by third parties.  The University is not responsible for the privacy practices or the content of such third party websites.

Our Commitment to Data Security

The University will take appropriate steps to protect the information you share with us from unauthorized access or disclosure.  The University strives to implement security measures that protect the loss, misuse, and modification of the information under our control.  Any applicable privacy and public records obligations that the University has under Federal or state law will be observed.  凯发 will abide by all laws concerning the release of personal information (e.g., Family Educational Rights and Privacy Act of 1974, as amended).

Changes to this Policy

Advances in technology and new University policies and practices may make it necessary to change or update this policy.  We reserve the right to change this policy without notice.  It is the responsibility of the user to check this page for any changes to this policy.

RULES, PROCEDURES, GUIDELINES, FORMS, AND OTHER RELATED RESOURCES

See 凯发’s website terms of service, listed above.

凯发 follows the European privacy rules of the General Data Protection Regulation (GDPR) to the extent that they do not conflict with state or Federal rules.  Additional information can be found below.

Family Educational Rights and Privacy Act (FERPA)

CONTACTS

If you have any comments or questions about our information privacy practices, please contact us at [email protected]

Acting as the Policy Owner(s), the Director of Web Communications & Digital Analytics and the Executive Director of Information Technology Services are responsible for answering questions regarding the application of this policy.

General Data Protection Regulation (GDPR)

Upper Iowa University is addressing the requirements of the European Union’s (EU) General Data Protection Regulation (GDPR), which will come into effect on May 25, 2018.  Questions or inquiries can be directed to [email protected].

GDPR replaces the former Data Protection Directive 95/46/EC. GDPR was designed to harmonize data privacy laws across Europe, to reshape the way organizations approach data privacy, and strengthen and unify data protection for EU data subjects.

EU data subjects are individuals physically residing in the EU, irrespective to nationality or permanent place of residence. This includes members of the 凯发 community who may be residing (permanently or temporarily) in the EU, and EU residents who attend 凯发.

The video below has a simple overview of the rights GDPR introduces:

Any individual affiliated with Upper Iowa University may exercise the rights introduced with the GDPR by accessing our different portals, using the required login credentials, or by contacting [email protected]. Requests are evaluated on a case-by-case basis.

GDPR Frequently Asked Questions

What is GDPR?

The General Data Protection Regulation (GDPR) is the new European Union (EU) privacy law governing how institutions handle personal data of EU citizens. The regulation goes into effect on May 25, 2018. Fines for failing to comply can be up to €20,000,000 or 4% of an institution’s annual revenue.

GDPR outlines several rights of the individual for explicit consent on how personal data can be used, processed, transmitted, as well as how any such data must be protected. As part of compliance, an institution must document the processes it has in place for collecting, using and managing personal data, and maintain records of consent for such data.

What are the GDPR principles?

As general principles, GDPR says personal data must be:

  • Processed fairly, lawfully and in a transparent manner
  • Collected for specified, explicit and legitimate purposes and not further processed for other purposes incompatible with the original purpose
  • Adequate, relevant and limited to what is necessary in relation to the purposes
  • Accurate and kept up to date, rectified without delay
  • Kept in a form that permits identification no longer than is necessary
  • Processed in a way that ensure appropriate security of the personal data

How is personal data defined?

Personal data” means any information relating to an identified or identifiable natural person (“data subject”). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as:

  • a name
  • an identification number
  • location data
  • online identifier
  • or to one of more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person

When are we allowed to process personal data?

The conditions for processing personal data under GDPR include:

  • Consent of the data subject
  • Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract
  • Processing is necessary for compliance with a legal obligation
  • Processing is necessary to protect the vital interests of a data subject or another person
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

There are several requirements to establish consent under GDPR:

  • Consent must be freely given, specific, informed and unambiguous.
  • Consent requires some form of clear affirmative action. (“Opt-out” or silence does not constitute consent)
  • Consent must be demonstrable. A record must be kept of how and when consent was given.
  • Individuals have the right to withdraw consent at any time.

What rights does the individual have under GDPR?

The GDPR provides the following rights for individuals:

  • The right to be informed
  • The right of access
  • The right to rectification
  • The right to erase
  • The right to restrict processing
  • The right to data portability
  • The right to object
  • Rights in relation to automated decision making and profiling