Terms and Conditions
1 About our Terms
1.1 These Terms explain how you may use this website (the Site).
1.2 References in these Terms to the Site includes the following websites:
https://thebritishlibraryinstallation.com , and all associated web pages.
1.3 You should read these Terms carefully before using the Site.
1.4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these
Terms and the documents referred to in them.
1.5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
1.6 If you have any questions about the Site, please contact us by:
1.6.1 post: Digital Director, Tate, Millbank, London SW1P 4RG;
1.6.2 e-mail: webmaster@tate.org.uk ; or
1.6.3 telephone: +44 (0)20 7887 8888.
1.7 Definitions
Artwork means ‘The British Library’ by Yinka Shonibare, which will display personal stories and photographs from members of the public relating to their experience of immigration;
Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
Terms means these terms and conditions of use as updated from time to time under clause 9;
Unwanted Submission has the meaning given to it in clause 4.2;
Privacy policy means the policy set out immediately below these Terms, which governs how we process any personal data collected from you;
Site has the meaning given to it in clause 1.1 ;
We, us or our means Board of Trustees of the Tate Gallery of Tate Gallery, Millbank, London SW1P 4RG;
and
You or your means the person accessing or using the Site or its Content.
1.8 Your use of the Site means that you must also comply with our Acceptable use policy and our Privacy policy, where applicable.
2 Using the Site
2.1 The Site is part of the Artwork. It provides information and viewpoints, including personal stories, relating to immigration.
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your password and other account details confidential.
2.3 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at webmaster@tate.org.uk .
2.5 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
3 Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
3.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
3.3 Trade marks: The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
4 Submitting information to the Site
4.1 This website is part of the Artwork, and is designed to allow members of the public to submit personal stories and photographs relating to their experience of immigration. Selected submissions will be published on the Site and featured in the Artwork (which is on public display) for the duration of its public exhibition.
4.2 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or
marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
4.3 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we
will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
4.4 You grant to us a non-exclusive, worldwide, irrevocable, perpetual, transferable, sub-licensable, paid up and royalty-free licence for us to use, publish, reproduce, display or otherwise exploit any Content submitted to us by you in whole or in part for any purpose we may determine (including, without limitation, on the Site and in the Artwork).
4.5 You acknowledge and agree that we will not pay you a fee for any Content submitted to us by you. In exchange for you providing Content to us, such Content submitted to us by you may be featured on the Site and displayed in the Artwork, and in publications, or may be used, published, reproduced, displayed or otherwise exploited for any other purpose as explained in clause 4.4.
4.6 You acknowledge and agree that we have the right to:
4.6.1 edit, adapt and make changes to any Content submitted to us by you without your prior approval (for example, to correct any typographical and grammatical errors, to ensure text conforms with our writing style, to shorten a video or movie, or to crop an image);
4.6.2 decide not to use, publish, reproduce, display or otherwise exploit any Content submitted to us by you; and
4.6.3 remove any Content submitted to us by you at any time (including from the Site and the Artwork).
4.7 You hereby legally promise (warrant) that:
4.7.1 Content submitted to us by you does not infringe any rights of any third parties (including, but not limited to, copyright and trade marks) and does not otherwise violate the law;
4.7.2 you are entitled to, and have full power and authority to, licence all existing and future intellectual property rights in any Content submitted to us by you;
4.7.3 you have informed us (where applicable) of any credits that need to be used in conjunction with any Content submitted to us by you;
1.1.1 Content submitted to us by you is not abusive, obscene, illegal, defamatory, libellous, factually inaccurate, unlawfully threatening, unlawfully harassing, pornographic, racist, or liable to incite racial hatred or acts of terrorism;
1.1.2 Content submitted to us by you does not contain any viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
1.1.3 you will not reproduce, rent, lease or lend Content obtained or derived from the Site for commercial purposes; and
1.1.4 you will not engage in unauthorised text/data mining of Content and metadata.
4.8 You agree to immediately notify us in writing by email to webmaster@tate.org.uk giving full details if a third party threatens to make, or makes, a claim that Content submitted to us by you infringes its rights or makes any other claim relating to the rights granted by the licence in clause 4.4. You agree to provide us with all assistance that we may reasonably require with regards to any such claim that is made or threatened.
4.9 You agree to indemnify us against all liabilities, costs, claims, damages, losses and expenses arising as a result of a breach by you of any of the warranties in clause 4.7 (including but not limited to any claim or action against us that any Content submitted to us by you infringes any rights of any third parties) and as a result of you not notifying us in writing in accordance with clause 4.8.
4.10 You hereby irrevocably waive all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which you have or will have in any Content that you have submitted to us.
5 Accuracy of information and availability of the Site
5.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
5.2 We may suspend or terminate operation of the Site at any time as we see fit.
5.3 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on
for any purposes.
5.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
6 Limitation on our liability
6.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
6.1.1 losses that:
(a) were not foreseeable to you and us when these Terms were formed; or
(b) that were not caused by any breach on our part
6.1.2 business losses; and
6.1.3 losses to non-consumers.
7 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
8 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
9 Variation
These Terms are dated [insert date on which the Terms were last updated]. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use
and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
10 Disputes
10.1 We will try to resolve any disputes with you quickly and efficiently.
10.2 If you are unhappy with us please contact us as soon as possible.
10.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
10.3.1 let you know that we cannot settle the dispute with you; and
10.3.2 give you certain information about our alternative dispute resolution provider.
10.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive
jurisdiction in relation to these Terms.
10.5 Relevant United Kingdom law will apply to these Terms.
Privacy Policy
This privacy policy provides you with details of when and why we collect your personal information, how we use it and keep it secure. It also provides information about your privacy rights and how you may contact us.
Who we are
The Board of Trustees of the Tate Gallery (Tate) exists to promote the public’s enjoyment and understanding of British art from the sixteenth century to the present day and of international modern and contemporary art. Tate is an exempt charity under Schedule 3 of the Charities Act 2011 and an executive non-departmental public body sponsored by the Department for Digital, Culture, Media and Sport (DCMS).
Tate is the data controller responsible for your personal data.
Tate’s principal place of business is:
Tate
Millbank
London
SW1P 4RG
You may also contact us by phone +44 (0)20 7887 8888 or via the website: http://www.tate.org.uk/about-us/contact-us
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We only collect personal data you choose to provide about yourself (name, surname, personal experiences or stories, photograph) when submitting your story.
We do not knowingly collect any personally identifiable information from children under the age of 13. Submissions that seem to include personally identifiable information of a child under the age of 13 will be removed from our records.
The website does not use or place any Cookies.
How is your personal data collected?
We collect information about you when you submit a story or photo.
How we use your personal data
Data Protection legislation sets out when we are lawfully allowed to process your personal data. We will use your data to support the art installation called ‘The British Library’ by Yinka Shonibare, which will display personal stories and photographs from members of the public relating to their experience of immigration – these will be displayed as part of the installation itself, and also on this website in the ‘Your Stories’ page.
We do not use profiling or automated decision-making processes. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
As a public authority we may process your personal data where it is necessary for the performance of our
public task.
All published submissions will be selected for permanent preservation as part of the history of the work and will be made available in accordance with the Freedom of Information Act 2000, as amended by the Data Protection Act 2018.
How we protect your data
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed and will notify any applicable regulator of a breach where we are legally required to do so.
Only Tate employees who have a business need may access your personal data.
Your personal data will be stored on local Tate servers and will not be sent overseas.
How long we keep your personal data
Submissions published on The British Library website form part of the history of the artwork and will be retained in perpetuity.
Submissions that have not been published will only be retained for the period the work is on public display.
Your legal rights
Under data protection laws you have rights in relation to your personal data, including the
right to:
– know that we are using your personal data
– see what data we hold about you
– have incomplete or inaccurate data we hold about you corrected
– restrict or object to processing of your personal data in certain circumstances
– to have your data deleted where there is no good reason for us continuing to process it
– withdraw consent where we are relying on consent to process your personal data
– request transfer of your personal data to you or a third party
– complain to the Information Commissioner’s Office
Contact information and further advice
If you are not happy with how we are using your personal data, you should first contact Tate’s Data Protection
Officer:
– By email: dpo@tate.org.uk
– By phone: +44 (0)20 7887 8888
– By post: Data Protection Officer, Tate, Millbank, London SW1P 4RG
If you are still not happy, or for independent advice about data protection, privacy and data sharing, you may contact the Information Commissioner’s Office, an independent body set up to uphold information rights in the UK. They can be contacted:
– Via their website: www.ico.org.uk or
– By phone: 0303 123 1113
– In writing: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF
This notice was updated on insert date. It may be updated to take into account changes at Tate or for example to reflect changes to regulation or legislation.
Updates to this notice will be posted on this page.