Privacy Statement

Niagara University’s website is found under the domain niagara.edu.   Related URL names include but are not limited to www.niagara.edu, mynu.niagara.edu, and apps.niagara.edu.   All are collectively known as the “Site.” By viewing, accessing, and temporarily duplicating (hereinafter, “using”) the Site, you agree to be bound by these terms and conditions, including related policies referred to herein and incorporated by link and/or reference.

These Terms constitute a binding agreement between the University and each User, whether you are a staff member, faculty member, student, alumnus/alumna, or a party with no other association to the University.

If you do not agree to these Terms and Conditions, you are not authorized to use the Site.

The University reserves the right to modify these Terms and Conditions at any time. Such amendments are effective immediately upon posting, and Users are encouraged to periodically review this policy to ensure compliance.

Niagara University’s Site is used by a wide variety of people, including alumni connecting with their alma mater, student groups sharing events, and faculty posting updates about their research and publications.

While the Site hosts diverse communications, all Users are subject to consistent rules regarding how their information is collected, stored, and used by the University.

By using the Site, you consent to the University’s collection and use of information about you in accordance with these Terms and Conditions.

Niagara University may update this Privacy Statement from time to time. The date of the last update will be noted at the top of this page. Your continued use of the Site after such updates constitutes your acceptance of the revised Privacy Statement.

Questions or concerns regarding this Privacy Statement or our privacy practices may be directed to itsupport@niagara.edu.

Niagara University collects three types of information from Users of the Site: Education Records (ER), Personally Identifiable Information (PII), and Anonymous Information (AI).

1. Education Records (ER)
   ER refers to information maintained by the University that pertains to students and alumni. The definition of ER and the procedures governing its use are described in the University’s FERPA policy. ER is only collected on the intranet portion of the Site.
2. Personally Identifiable Information (PII)
   The University collects personally identifiable information about you, both through the Site and bu other means.   PII collected on the Site may include:
   • Name
   • Home and business contact information
   • Age
   • Gender
   • Alumni status
   • Financial information, such as credit card numbers and eligibility for matching contributions from your employer
   • Educational background and professional qualifications
3. Interactive Services
   The Site hosts many interactive services intended to foster communications among students, alumni, faculty, staff, and the community at large.   These interactive services may collect the PII listed above, and other content you choose to share with us.   The University has in part prepared this Policy to enable Users to make informed choices regarding the information and content they post on these services.

The University uses PII for the purposes disclosed when it is collected, as well as for other purposes unless you request otherwise. These purposes may include

• Communicating with you
• Development and fundraising
• Promoting the Mission of the University
• Announcing and promoting University events and news
• Analyzing what services on the Site you use and promoting further services to you
• Creating electronic and print directories
• Creating University publications
• Sharing of PII with authorized third parties as described below.

The University reserves the right to disclose and use PII to protect the University, Users of the Site, and others, in particular to prevent or investigate crime, fraud, a violation of these Terms and Conditions, a violation of any University policy, or when the University believes the law compels such disclosure.

In addition to reviewing and correcting your personal information, you have the right to:

• Access the personal information we maintain about you;
• Request the deletion or erasure of your personal information where permitted by law;
• Object to the processing of your personal information for certain purposes; and
• Opt out of marketing or promotional communications from Niagara University.

To exercise any of these rights, please contact itsupport@niagara.edu.

The University does not share, transfer or release PII collected on this Site except as otherwise described below:

• Certain service providers may access PII when providing services to the University (e.g., a vendor printing a newsletter may receive your mailing address)
• If you make a purchase or donation via credit card, the University may submit your information to a third party for processing.
• For development purposes, the University may disclose PII to outside research firms. Such firms are contractually obligated to keep PII disclosed to them confidential.
• Alumni groups may be provided with PII to facilitate their organization.
• Student loan agencies requesting federally authorized student status confirmation reports.

The University reserves the right to disclose PII to protect the University, Site Users, and others, particularly to prevent or investigate crime, fraud, violations of these Terms, University policies, or when required by law.

The University does not knowingly collect PII from children under the age of 13 without the consent of a parent or legal guardian. If the University becomes aware that such information has been collected without consent, it will be deleted. Parents or guardians concerned their child may have submitted such information may contact itsupport@niagara.edu.

The Site automatically logs certain information when you interact with it; for example, your operating system, the browser you use, the content accessed, and the date and time of your visit to the Site.   This information is anonymous.  The University uses AI to analyze how the Site is used in order to improve your experience.

Niagara University retains personal and educational information only as long as necessary to fulfill the purposes described in this policy or as required by law.

The Site contains links to third-party web sites. If you follow any link to a third-party site, you are leaving the University’s Site and the representations in these Terms and Conditions no longer apply, Third-party websites have their own terms of use, privacy policies, and practices, which you should review before using those sites.

• The University takes appropriate precautions to ensure the security of the Site. However, no system can completely guarantee that information stored electronically or transmitted over the Internet is free from unauthorized access or use.
• As noted in the sections on Interactive Services and Third-Party Links, the University cannot control how third parties may use the information you share on interactive services or linked sites. Accordingly, the University does not guarantee that content you post, or the PII you provide, will not be accessed or used by unauthorized persons.
• Users hereby acknowledge that copies of the PII and content they provide, even if removed by the University, may remain viewable in cached and archived pages stored by third parties.
• The University makes no warranty, guarantee or representation that the Site is protected from malware, viruses, or other security threats. Please consider this when deciding what User Content you post or what Personal Data you authorize the University to post.
• In the event of a data breach involving personal information, Niagara University will take reasonable steps to notify affected individuals in accordance with applicable law.

The Site is accessible globally. By using the Site from outside the United States, you acknowledge and consent that your personal information may be transferred to and stored in the United States, and that U.S. privacy laws may govern the processing of your information.

The Site is maintained by Niagara University to communicate with the public and to facilitate communication among students, alumni, staff, faculty, and other members of the University community. The Site contains University trademarks, intellectual property, and other valuable information. To support this purpose, Users may post textual, visual, and audio content, including digital files, photographs, videos, recordings, computer files, and programs (collectively, “User Content”).

Users are solely responsible for the content they create or post. Niagara University is not responsible for any damage, intentional or unintentional, caused by User Content. While the University generally does not pre-screen, monitor, edit, or remove User Content, it reserves the right to do so if content fails to comply with these Terms, or if the University determines, in its sole discretion, that the content is harmful, inaccurate, inaccessible, or otherwise objectionable.

User Content does not represent the opinion of the University. The University does not endorse or advocate the use of any third-party websites referenced in User Content.

Users acknowledge that User Content is not confidential. By posting content, Users warrant that it does not violate any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or personal rights, and that it complies with all applicable laws and regulations. Users may not upload or link to malicious content, including viruses, spyware, adware, keyloggers, backdoors, Trojans, or any code designed to compromise, destroy, or provide unauthorized access to data.

By using the Site, Users grant Niagara University a non-exclusive, worldwide, royalty-free, and assignable license to all copyright interests in their User Content.

In keeping with Niagara University’s Catholic and Vincentian traditions, and its emphasis on civility and respect for all persons, Users must exercise discretion and thoughtfulness in all posts and interactions on the Site.

Users may not use the Site to transmit content that is unlawful, tortious, defamatory, vulgar, obscene, libelous, hostile, harassing, or abusive. For more information on the University’s process for addressing discrimination—including acts based on race, ethnicity, gender, sexual orientation, marital status, veteran status, disability, predisposing genetic characteristic, or age—please refer to the University’s Discrimination and Harassment Policy.

Users may not use material or User Content from the Site for commercial purposes or in any way that implies endorsement by Niagara University or other Users. Without a license, you may not reproduce, distribute, publicly display or perform, transmit, incorporate into another work, adapt, translate, modify, or otherwise exploit Site content.

Users may not impersonate or mislead others regarding their identity. The PII of others may only be used for personal purposes, and systematic collection of PII for any reason—including for political mailing lists, commercial solicitations, or SPAM—is strictly prohibited. The University may take legal action against violations.

Users with a username and password for the Site agree not to share their credentials with third parties and, if affiliated with the University, to abide by the Policy on Use of University Owned Electronic Equipment.

Users warrant that they will not use the Site for illegal or fraudulent purposes and will comply with these Terms. The University reserves the right to deny access, delete User Content, and take other actions necessary to address violations.

Users may not frame the content of the Site on other websites or link to the Site from websites with content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable. Users may not link or reference the Site in a way that implies University partnership, endorsement, or approval.

If you believe that any content posted on the Site infringes your copyright, per Copyright Act 17 U.S.C. Section 512(c) (3), you may request removal of those materials by following the below procedure:

A notice, in writing, must be sent to the University’s duly registered agent for matters of infringement:
Director of Information Technology,
Richard P. Kernin,
Room 108,
Niagara University, NY 14109
Phone: (716) 286-8042
Fax: (7167) 286-8045

The items listed below must be included in your notice:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. 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 College to locate the material;
4. Information reasonably sufficient to permit the College to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. A statement that you have 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; and
6. A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Upon receipt of a notice that meets these requirements, the University will remove or disable access to the material and will take reasonable steps to notify the User who posted it (“Alleged Infringer”).

The Alleged Infringer may then provide the University with a counter-notice (“Counter-Notice) that the initial infringement notice was erroneous.

Such Counter-Notice must be in writing and must include:

1. A physical or electronic signature of the alleged infringer;
2. Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;
4. The Alleged Infringer’s name, address (no P.O. Box), and telephone numbers; and
5. A statement of consent to jurisdiction in the Western District of New York federal court and consent to service of process from the complaining party or their agent.

Upon receipt of a valid Counter-Notice, the University will notify the complaining party and restore the material within 10–14 business days unless the complaining party informs the University that they have filed a court action seeking to restrain the allegedly infringing activity.

The following are federally registered trademarks and/or protected marks of Niagara University, including but not limited to:

• “Niagara University”
• “The Niagara University name, logos, seals, and stylized marks”
• “Purple Eagles”
• “The Purple Eagles logos”
• “Education that makes a difference”
• “The Power of Niagara”
• “The Power of Niagara University”
• “Find Your Wings”
• “N Power”
• “Niagara Power”
• “NU”
• “Niagara University 1856 Ut Omnes Te Cognoscant”
• “Other University names, slogans, taglines, graphics, insignia, and branding elements associated with Niagara University and its programs, departments, athletics, and affiliated organizations.”

No third party, including any employee, student, alumnus/alumna, affiliate, organization, or other individual or entity, may register domain names, create online accounts, or otherwise use these trademarks and/or protected marks without the University’s express written permission. Any unauthorized or infringing use is prohibited to the fullest extent permitted by law.

The site and the services and material available through it are available “as is” and “as available.”   Niagara University does not warrant that the site or any of the services or materials available through it will be uninterrupted or error-free.   The university makes no representations or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the site or services available through it, including the user content, or through links to other web sites.   The university reserves the right to correct any errors or omissions in the site.   If you rely on the site and any materials or services available through it, you do so entirely at your own risk.

To the fullest extent permitted by law, Niagara University disclaims all express or implied warranties related to the Site and any content, information, goods, or services available through it, including but not limited to warranties of merchantability or fitness for a particular purpose, even if such purpose has been disclosed.

Though the university takes reasonable precautions to prevent the introduction of malicious code to the site, the university does not guarantee or warrant that the site, or services or materials that may be available are free from viruses, malware, or other harmful components. The university is not liable for any damages or harm attributable to such sources.

Niagara University, including its directors, trustees, employees, and agents, shall not be liable for any claims, losses, or injuries arising from errors, omissions, interruptions, or inaccuracies on the Site or in any services or materials available through the Site, including losses resulting from your breach of these Terms.

Under no circumstances will Niagara University or its directors, trustees, employees or agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business or loss of data) arising out of or in connection with your use of the site or services available through the site or these terms.

You agree to indemnify, defend and hold harmless Niagara University and its officers, trustees, employees and agents against all liabilities, losses, damages and costs (including reasonable attorneys’ fees) that the University may incur based on claims arising out of your violation of these terms.

Niagara University reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, and you agree to cooperate with the University in such defense.

These Terms and Conditions are governed by the laws of the State of New York, without regard to its conflicts of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the personal jurisdiction of such courts.

Niagara University uses cookies and other tracking technologies on the Site. Please refer to our Cookie Policy for details on how we collect and use this information.