Privacy policy and content disclaimer

Introduction

These terms and conditions (“these Terms”) apply to the whole of this Website.

Other terms and conditions (“Additional Terms”) may apply to Your use of certain parts of this Website, including certain pages or applications and metadata. If there is any conflict between these Terms and the Additional terms the Additional terms will take precedence over these Terms.

Definitions in these terms of use

Please refer to Scotland's environment Terms and conditions page for full details.

In this Website the following words and phrases have the following meanings;

“We”, “Us” and like terms refer to the Partner Bodies involved in Scotland’s noise website. It may, where the context requires, refer only to some of the Partner Bodies.

“The Partner Bodies” are the Scottish Government and the Scottish Environment Protection Agency, and such other bodies as may be stated here from time to time.

“Website” means the website of Scotland’s noise and, unless the context otherwise so requires, also includes the website of the Partner Bodies and each of Us.

“You” means any person who has viewed, downloaded, used or otherwise accessed this Website, “your” shall refer to you. “You” includes any person acting on your behalf.

Application of these terms

By accessing this Website You are deemed to have accepted these terms (and where appropriate the Additional Terms) in full and without any modification. These Terms and Your acceptance will form a legally binding contract between Us and You.

We reserve the right to make changes to the Scotland’s noise website, including amending or varying these Terms or the Additional Terms at any time. When accessing this Website You will be legally bound by the amended or revised terms from the first time You use the website after the changes are made online. It is Your sole responsibility to check whether any change has been made to these Terms or the Additional Terms.

Accuracy and liability

Nothing in this Website is intended to constitute specific legal or other advice. Unless otherwise indicated, any Content is for guidance only and may not be relevant to Your particular circumstances. We do not guarantee that the Contents will always be complete, up to date or relevant (except as required by law).

This Website and the Content is provided "as is" and We make no representation, endorsement or warranty as to its accuracy, completeness or fitness for any particular purpose.

In the unlikely event that You find any inaccurate information on this Website or have any complaint about what We have published please advise Us by clicking on the following link: Contact Us. We will use reasonable endeavours to investigate the matter and take such action which We, in our sole discretion, determine as being appropriate having regard to all the circumstances.

The Partner Bodies involved in Scotland’s noise website try to ensure that the information available on this Website is accurate but to the fullest extent permitted by law and subject always to Paragraph 4.2 of these Terms, We hereby disclaim any and all liability for all loss, injury or damage (direct, indirect, consequential or special) arising out of or in connection with Your use of the Website including without limitation, any and all liability:

Nothing in these terms shall limit or exclude Our liability for fraudulent misrepresentation, or for death or personal injury resulting from Our negligence or the negligence of Our agents or employees.

We do not accept liability for information on sites linked to or from this Website. Nothing on this site is to be taken as constituting specific legal or other advice about any of Our services. Anyone reproducing material from this Website is responsible for any consequent infringement of copyright. The Website is operated by SEPA for and on behalf of the Scottish Government. Each of the Partner Bodies is responsible for the maintenance of its own Website.

Use of this website

Subject always to these Terms and any Additional Terms You may use this Website for non-commercial purposes. If You wish to use this Website for any commercial purpose You must advise Us first that You wish to do so as further Additional Terms may apply.

Any use of this Website or its data should acknowledge this Website and the data owner as the source.

Restrictions on use

You warrant that You will not use this Website or the data contained within it (see individual webpages for more detail) otherwise than in accordance with these Terms. You must not use the Website or the data contained within it (see individual webpages for more detail) in any way that causes or is likely to cause the Website or access to it to be interrupted, damaged or impaired in any way. You understand that You are solely responsible for all electronic communications and contents sent by or on behalf of You to Us. You must use the Website for lawful purposes only. You must not use the Website for any of the following:

Availability

We exclude any liability howsoever arising should this website be unavailable at any particular time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.

Linking to other websites

We are not responsible and/or accept liability for the content of any linked website. Other websites link to this Website at their own risk. We reserve the right to move or change Our Website URL at any time.

You may link to any pages or products on the Website. You may not provide a link which suggests a form of association, approval or endorsement on Our part, unless We have expressly agreed to this in writing. You must not mislead any user of such link in any way, by, for instance, seeking to present information on Our Website as being Your information. You must acknowledge Our intellectual property rights, including copyright. We reserve the right to withdraw any linking permission upon notice to You or by amending these Terms.

Cookies

Please refer to our privacy policy and cookies page for full details.

Data applications

All data presented on the Website is open data unless otherwise identified in specific data services, map views including in the metadata and the land information search.

Data protection, access to information and freedom of information

Please refer to our privacy policy and cookies page for full details.

Copyright and Intellectual Property Rights

The legal rights in everything contained in Our website is owned by Us unless otherwise indicated, or for example in the case of logos by one of Us.

All images are copyright the Scottish Environment Protection Agency or the copyright owner specified.

The copyright of any content linked to by hyperlink from Scotland’s noise website remains with the content provider, or with the copyright holder as marked.

General conditions

If We fail to exercise or delay in exercising any right or remedy provided under these Terms or by law, that will not constitute a waiver of Our rights or remedy nor shall it prevent Us from exercising that right or remedy in whole or in part in the future.

Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.

These Terms and the documents referred to herein are between and for the benefit of You and Us (and Our successors and assignees) and are not intended to benefit or be enforceable by anyone else.

If any provision of these Terms (or part of a paragraph or provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions or part thereof shall remain in force.

If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of them or it were deleted, the provision shall apply with whatever modification is necessary to give effect to the original intention of these Terms.

References to any statute or statutory provision in these Terms shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

In these Terms, references to one gender include the other genders, and to the singular include the plural and vice versa.

Headings will not affect the interpretation of these Terms.

These Terms shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Scottish courts (or, where You are an individual domiciled in the UK, the courts of the part of the UK that you are domiciled in).

Cookies and Website Traffic Analysis

When users enter the Scottish Government website their computers will automatically be issued with 'cookies'. Cookies are text files which identify users' computers to the Scottish Government's server. The website then creates "session" cookies to store some of the preferences of users moving around the website, e.g. retaining a text-only preference. Cookies in themselves do not identify individual users but identify only the computer used and they are deleted on departure from the website.

Many websites do this to track traffic flows, whenever users visit those websites.

The Scottish Government website uses third-party cookies to measure use of the website including number of visitors, how frequently pages are viewed, and the city and country of origin of users. This helps to determine what is popular and can influence future content and development. For this purpose, the Government uses Sitestat 4.0 of Nedstat Bv to measure and analyse usage of the website. The information collected by the Scottish Government will include IP Address, pages visited, browser type and operating system. The data will not be used to identify any user personally.

Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these options means that certain personalised services cannot then be provided to that user.

Log files

Log files stored on the Government's web server allow the recording and analysis of users' use of the website. Log files do not contain any personal information.

Copyright

The information and publications on the Scottish Government's website are subject to Crown Copyright. Material may be reproduced without formal permission or charge for personal or in-house use only. For other use or if in doubt, further information is available from legislation.gov.uk.

Guidance notes on publishing and copyright, including those from the Queen's Printer for Scotland, are available at www.hmso.gov.uk/guides.

Collection and Use of Personal Information

Information Collection

The Scottish Government is the sole owner of the information collected on www.gov.scot. The Scottish Government processes personal data for the purposes of aiding its work with the Scottish Ministers to improve the well-being of Scotland and its people.

Registration

A user does not have to register to use the Scottish Government website, but a user must register if they wish to receive daily, weekly or monthly news, information and updates about the Government via email and mobile.

The registration information we require to allow a user to register is the full name and email address of the user if they wish to receive email updates, and mobile details including the mobile telephone number and network provider if a user wishes to receive messages to their mobile.

It is optional for the user to provide demographic information such as occupation and gender, and other preferences such as regions or topics of interest, but encouraged so we can provide a more personalized experience to the user.

This information is stored securely on our database until such time as a user chooses to unsubscribe from receiving news stories. Users who no longer wish to receive our newsletters and other updates may opt-out of receiving these communications by clicking unsubscribe option on any email communication received or the user may contact us to opt-out. PHONE: 08457 741 741 [lo-call number is charged at the local call rate from anywhere within the United Kingdom], EMAIL: newswebsite@scotland.gsi.gov.uk, POSTAL MAIL: News Website, 3W.03, St Andrew's House, Regent Road, Edinburgh, EH1 3DG, U.K.

Sharing

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

Third Party Intermediaries

We use an outside contractor to manage our user database. This company do not retain, share, store or use personally identifiable information for any secondary purposes.

Service Providers

We partner with other third parties to provide specific services. For example database development, push mobile technology and hosting. When the user signs up for these particular services, we share names, or other contact information including mobile number and full contact information with the third party service providers so that the third party can supply these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

Links

This Website contains links to other sites. Please be aware that we, the Scottish Government, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.

Surveys

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as postal code). Contact information will not be shared with any third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users' personally identifiable information for any secondary purposes.

Correcting/Updating/Deleting/Deactivating Personal Information

If a user's personally identifiable information changes (such as postal code, phone, email or postal address), we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can be done by EMAILING our Customer Support at newswebsite@scotland.gsi.gov.uk. Or, contact us PHONE: 08457 741 741 [lo-call number is charged at the local call rate from anywhere within the United Kingdom], POSTAL MAIL: News Website, 3W.03, St Andrew's House, Regent Road, Edinburgh, EH1 3DG, U.K. Under the Data Protection Act, individuals registering for news and information from the Scottish Government have the right make a subject access request for their personal data processed by the Scottish Government for those purposes.

Notification of Changes

If we decide to change our privacy policy, we will post those changes to this privacy statement, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email or by posting a notice on our Web site for 30 days.

Contact Information

If users have any questions or suggestions regarding our privacy policy, please contact us at:
Phone: 08457 741 741 [lo-call number is charged at the local call rate from anywhere within the United Kingdom]
Email: newswebsite@scotland.gsi.gov.uk,
Postal address: News Website, 3W.03, St Andrew's House, Regent Road, Edinburgh, EH1 3DG, U.K.

This privacy notice was last updated on 6 September 2018