The purpose of this policy is to ensure that users of OPENHIVE understand the way in which the services being provided to them are to be used. This Policy aims to ensure that the OPENHIVE services are used effectively for their intended purpose, without infringing legal requirements or creating unnecessary risk. User Organisations should read this policy alongside the other policies that may be provided by other suppliers such as their Local Authority, Regional Broadband Consortium or Janet as applicable. User Organisations should implement their own AUPs to ensure all adults and children understand the conditions under which the OPENHIVE Services may be used within the institution.
The policy applies to:
- All users and administrators of the Services.
Users will be deemed responsible for instant messages, blogs, wikis, forum or email sent from their account or content posted or uploaded from their account. Hence it is a user’s responsibility to ensure that passwords are kept secure and are not shared with other users. On the basis of evidence provided by Capita to the User Organisation, a user may be subject to disciplinary procedures of the organisation’s management or where appropriate, their employer. At the same time, if a user’s conduct and/or action(s) are illegal, the user may become personally criminally liable in some circumstances.
Capita accepts no responsibility whatsoever for any content or services offered by others and accessed by you on the Internet.
The OPENHIVE service may include links to third party web service providers. Capita does not represent or warrant that any information that may be obtained through any link to or from the OPENHIVE service is accurate, complete or current. Capita does not accept any responsibility for any loss that may arise as a result of relying upon such information.
Capita encourages users to make effective use of the OPENHIVE services. Such use should always be lawful and appropriate. It should not compromise Capita’s information and computer systems nor have the potential to damage Capita’s reputation.
Use of OPENHIVE services
Capita expects all users to use the OPENHIVE services responsibly and strictly according to the following conditions: For the purposes of this document, Internet usage means any connection to the Internet via web browsing, external email, news groups or messaging services or any other means.
Users shall not:
Visit Internet or OPENHIVE sites to make, post, download, upload or pass on, material, remarks, proposals or comments that contain or relate to:
- pornography (including child abuse)
- promoting discrimination of any kind
- promoting racial or religious hatred
- promoting illegal acts
- promoting bullying
- any other information which may be offensive to peers or colleagues
Capita acknowledges that in certain planned curricular activities, access to otherwise deemed inappropriate sites may be beneficial for educational use (for example investigating racial issues). Any such access should be pre-planned and recorded so that it can be justified if required at a later date.
Incidents which appear to involve deliberate access to web sites, newsgroups and online groups that contain the following material will be reported to the police:
- images of child abuse (images of children, apparently under 16 years old involved in sexual activity or posed to be sexually provocative)
- adult material that potentially breaches the Obscene Publications Act in the UK
- criminally racist and anti-religious material
- Violence and bomb making
- Illegal taking or promotion of drugs
- Software piracy
- other criminal activity
If inappropriate material is accessed accidentally, users should immediately report this to Capita directly or to the user’s organisation so that this can be taken into account in monitoring. Users who feel offended by a comment sent or made during a instant message conversation or email should report the incident to their tutor or manager immediately
In addition, users may not:
- Use the OPENHIVE services for running a private business
- Enter into any personal transaction that involves Capita in any way
- Visit sites that might be defamatory or incur liability on the part of Capita or adversely impact on the image of Capita
- Upload, download, or otherwise transmit (make, produce or distribute) commercial software or any copyrighted materials belonging to third parties without the express permission of the copyright owner
- Reveal or publicise confidential or proprietary information, which includes but is not limited to:
- financial information, personal information (including address and contact details), databases and the information contained therein, computer/network access codes, and business relationships
- displaying of images of students that identify the students to un-authenticated users
- Intentionally interfere with the normal operation of the OPENHIVE services , including the propagation of computer viruses and sustained high volume network traffic (sending or receiving of large files or sending and receiving of large numbers of small files or any activity that causes network congestion) that substantially hinders others in their use of the services
- Use the OPENHIVE services for soliciting, representing personal opinions or revealing confidential information or in any other way that could reasonably be considered inappropriate
The user organisation will:
- Ensure that the OPENHIVE service is only used by registered and appropriately licensed users.
- Obtain written permission from pupils and their parents before any personal data e.g. names and photographs of pupils are published for anonymous access
- Indemnify Capita against all costs, losses, expenses or other liabilities incurred by Capita arising from the use of the OPENHIVE service contrary to this policy.
- Give explicit consent to the use of ‘cookies’ within the OPENHIVE service where this use is strictly necessary for the use of the OPENHIVE service as requested by the user organisation. *
- Encourage users to use the OPENHIVE service for activities such as:
- The legal transmission or receiving of information, resources or data to further the learning or education of any user;
- supporting the provision of teaching within user organisations;
- legal and appropriate communication between users;
- supporting the administrative functions of user organisations.
The user organisation will not:
- Resell, transfer, assign, sub-licence or share the Services or any other part of the Services with any other person or party except where specifically agreed with us in advance in writing. In the event that others are permitted to access the Services through your account, you will remain liable for and assume responsibility for any such use.
The first responsibility for monitoring the use of online technologies lies with the User Organisation. The User Organisation must ensure that it has in place its own (ICT or similar designation) AUPs that detail to all users the monitoring arrangements in their establishment. These should include both physical observation (supervision of use by staff, where appropriate) and local technical monitoring.
Capita monitors and logs the use of the OPENHIVE services. Any identified potential misuse will be reported to the Local Authority, the connected establishment concerned and other relevant authorities.
Each organisation’s AUP must clearly identify to all users the procedures within their own establishments for reporting abuse, including securing and preserving evidence. The procedures in these policies should distinguish local incidents that are resolved within the establishment, and those that need to be escalated to other authorities, e.g. Local Authority, Capita or other relevant authority.
If a User Organisation suspects or believes that the OPENHIVE service is being used in a way that breaches this policy, this should be reported to the OPENHIVE (Capita) Service Desk, and or the appropriate LA service desk, which will initiate the appropriate action.
Capita recognises that users of the services we provide value their privacy. In providing these services we comply with EU and UK Data Protection legislation. We use all personal information that is provided to us in strict accordance with this policy.
Personal Information means any information that can, on its own or in conjunction with other information that we may hold, identify an individual user of the service. It does not extend to anonymous data that may be held for monitoring purposes.
Legislation requires that we make sure that all personal information provided to us is:
- Fairly and lawfully processed
- Processed for limited purposes
- Adequate, relevant and not excessive
- Accurate and up to date
- Not kept for longer than is necessary
- Processed in line with your rights
- Not transferred to other countries without adequate protection
The personal information we collect is provided to us by a student’s education establishment. Students contribute to the information, as do others involved in a student’s education or training. The information is used to ensure that a student gains maximum benefit from using our services. Personal information is only displayed or disclosed to authorised users and a student’s education establishments are responsible for identifying such users. Sometimes we may have to disclose information to third parties such as law enforcement agencies in order that we comply with legislation or in order to protect the service or its users.
We only keep personal information for as long as necessary – the actual duration is defined by a student’s education establishment.
All of the information we collect is kept in a secure environment and all access to it is encrypted. We have strict security procedures in place in order to manage the storage of your information in order to prevent unauthorised access and comply with legislation.
* The European Directive, Directive 2002/58/EC, also known as the Directive on Privacy and Electronic Communications was updated in 2009 with amendments that are in force from 25th May 2011. These amendments control the use of ‘cookies’ and web sites will have to seek consent for the use of ‘cookies’.