Outreach Evaluator service Terms of Supply

UCAS will match its applicant data to the data you provide of people with whom you have worked. From this we will make aggregated statistical analysis available to you to evaluate application and entry outcomes from groups of individuals. (the ‘Business Purpose’). This anonymised data is available to users under this licence, subject to the following few terms and conditions.

1. Definitions

1.1. In this licence, the terms below have the following meanings:

1.1.1. ‘User’, ‘user’, 'You', 'you' and 'your' means the natural or legal person, or body of persons corporate or incorporate, or government agency, acquiring rights in the Supplied Information under this licence.

1.1.2. 'Use' means doing any act which is restricted by copyright or database right, whether in the original medium or in any other medium, and includes without limitation distributing, copying, adapting, modifying as may be technically necessary to use it in a different mode or format.

1.1.3. 'Licensor', ‘UCAS’, ‘We’, ‘we’, ‘Our’, ‘our’, ‘Us’ or ‘us’ means the Universities and Colleges Admissions Service.

1.1.4. ‘User Data’ means data supplied by you for the Business Purpose for which you accept all liability.

1.1.5. ‘Manipulated Data’ means a matched data file which we will use to validate the individual datum contained in any User Data file in order to produce a Supplied Information file which is then licenced to you in return for the agreed Fee.

1.1.6. ‘Supplied Information’ means the reports we provide to users, free from any personal identifiable information, under the terms of this licence and for the Business Purpose.

2. Interpretation

2.1. Use of singular forms of address under these terms and conditions shall have the same meaning in respect of multiple Users.

3. Applying for and Using Supplied Information

3.1. Supply of User Data and/or Use of copyright and database right material expressly made available under this licence (the ‘Supplied Information’) indicates your acceptance of the terms and conditions below.

3.2. The Licensor grants you a worldwide, perpetual, non-exclusive, transferable licence to use the Supplied Information subject to the conditions below.

3.3. You will provide us with personal, individual-level data comprising full name, date of birth and postcode of individuals or groups of individuals you have worked with.

3.4. We will:

3.4.1. match your User Data at an individual level only for the Business Purpose

3.4.2. comply with the General Data Protection Regulation ([EU] 2016/679) (‘UK GDPR’), the Data Protection Act 2018, and with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and with any guidance issued by the Information Commissioner in dealing with the User Data and destroy it after ninety (90) days unless you request with your order that User Data is retained to update the Supplied Information at a later point

3.5. You warrant and represent to us that in supplying us with User Data, you have a lawful basis under Article 6 of UK GDPR to share the data under this agreement, and ensure it has all necessary notices and consents in place.

3.6. The Supplied Information will be made available to you upon receipted payment of the agreed price of supply (the licence ‘Fee’) which will cover our costs of matching and re-supply.

3.7. Users must indicate reporting requirements when ordering Supplied Information.

3.8. This licence does not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.

4. Your rights to Use the Supplied Information

4.1. You may store, access, copy, publish, distribute and transmit the Supplied Information.

4.2. You may adapt the Supplied Information.

4.3. You may exploit the Supplied Information commercially and non-commercially for example, by combining it with other data, or by including it in your own product or application.

4.4. You must (where you do any of the above) credit us, as the source of the data in your product or application by including or linking to any accreditation we produce and, where possible, provide a link to this licence; if we provide no alternative accreditation, then you must use the following:

‘This information has been derived from the Universities and Colleges Admissions Service OUTREACH EVALUATOR analytical data service.’

4.5. You must not use the Supplied Information in a way which may financially disadvantage any current or future applicants or students.

4.6. The limitations set forth at 4.4 and 4.5 are important conditions of this licence and if you fail to comply with them the rights granted to you under this licence, or any similar licence granted by us, may be subject to suspension or termination at our sole discretion.

5. Exemptions

5.1. This licence does not cover:

5.1.1. any attempt to use the Supplied Information in a way which would identify individuals within the User Data you supply

5.1.2. third party rights we are not authorised to license

5.1.3. other intellectual property rights, including trademarks and design rights

6. Non-endorsement

6.1. This licence does not grant you any right to use the Supplied Information in a way that suggests any official status or that we endorse you or your use of the Supplied Information.

7. Warranties and Indemnities

7.1. We warrant that in processing User Data, we will comply with the UK GDPR, the Data Protection Act 2018, and all applicable laws and regulations relating to the processing of personal data and privacy, including relevant guidance and codes of practice issued by the Information Commissioner’s Office.

7.2. We warrant that we will treat your User Data as confidential information subject to the same protections we accord our own confidential information and will process the User Data, solely for the Business Purpose.

7.3. The Supplied Information is licensed 'as is' and UCAS excludes all representations, warranties, obligations and liabilities in relation to the Supplied Information to the maximum extent permitted by law.

7.4. We shall not be liable for any errors or omissions in the Supplied Information or for any loss, injury or damage of any kind caused by its use. We do not guarantee the continued supply of the Supplied Information.

7.5. You will indemnify and hold us harmless in the event of any claim or accusation that the information you provide to us in any way infringes the rights, injures, offends, harms or damages the reputation of any third party, subject to our notifying you if and when we are in receipt of any such claim or are notified of any such accusation.

8. Governing Law

8.1. This licence is governed by the laws of England and any dispute or claim which arises, shall be subject to the jurisdiction of the English Courts.

 

Updated October 2022