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FOI and Legalities

 

Community guidelines for User Generated Content
Terms & conditions and licences
Privacy
Freedom of information

 

Britain from Above Community Guidelines

 

We invite members of the public to log onto our site and engage by contributing information to the Aerofilms images and engaging with the Britain from Above community by joining and participating in groups.  By contributing information we mean sharing stories and uploading photos, adding and editing an images' wiki and keywords and providing information about an images' geographic location.

But first we need to set a few ground rules for all that activity.

1. What the site is about.

We’ve digitised the images and added them into the website so they can be accessible to members of the public. As we know relatively little about most of these images we would like members of the public to register with the site and add information about Aerofilms images that they know something about.

2. Be nice. Be Polite.

Address others the way you would want to be addressed. No name-calling, no personal attacks.

3. Things you should never do.

There are a few things we won’t tolerate – obscenities, threats, hate speech, material that’s ethnically or racially offensive, abusive comments and spam, to name a few.

Remember that text and images you post on the site must belong to you.  It is wrong to post things from other websites if you have not sought permission.  

More information on this can be found in the Terms and Conditions of the site.

4. If you see something questionable, let us know.

If you spot a comment you think violates these guidelines, please let us know. There’s a little “report abuse” button next to every comment. Clicking it will tell our moderators they should check it out.

5. How moderation works.

Comments on Britain from Above post immediately and may be removed following community flagging or for other reasons. We call this approach “post-moderation.” We believe in post-moderation because it allows for near real-time discussion and fosters real conversation. Any comments that include external links will appear however the links will only appear as text.

 

Terms & Conditions and Licences

 

Access to BritainfromAbove and Your Agreement

 

Access to BritainfromAbove is provided solely under these Terms and Conditions and the Licences. Your use of BritainfromAbove automatically indicates your agreement to this and all the terms are contractually binding on you. If you do not wish to agree to these terms, do not use the website.

 

Permission to Use the Website

 

The BritainfromAbove website is open for all people to use as it is provided. That free use is limited to personal, individual and educational use. The materials on the website come from a variety of providers including both the Partners and Individual Contributors and we acknowledge and respect their Intellectual Property rights. BritainfromAbove has a legal duty to ensure their materials are not distributed, reproduced or sold in any way which compromises their rights. That is why the User’s rights are clearly stated and limited in these Terms and Conditions and Licences. Users are therefore given a limited permission to use other people’s property.

 

Copyright

 

The images, information and data featured on this website are subject to Crown Copyright and other Intellectual Property Rights held by the Partners and Individual Contributors as indicated. There are also copyrights relating to the database itself and to the design, structure and code employed in the website.

Community Use of the Website

 

Users must sign up and create a User account to use the community features of the website. Accounts allow: settings to be saved, the creation of an individual identity; sharing; commenting and the contribution of materials among other features. At all times, such Community Users are legally responsible for the materials they provide as text or digital media. Should use be found to be illegal, subject to complaint, breach the guidelines or cause any other infringement, BritainfromAbove reserves the right to suspend or ban any Community User at any time.

 

User Risk

 

Users accept that use of the website is at the User’s own risk and that while BritainfromAbove will make every effort to ensure an acceptable environment and that materials are legally uploaded, it is not possible to provide guarantees about comments or materials loaded onto the site. The website will take prompt action to remove such material on notification.

 

Limits to Liability

 

BritainfromAbove provides no guarantees as to the performance of the website or the availability of individual content or features. Any materials or text displayed or downloaded must be assessed and evaluated solely by the User as it does not constitute advice nor does its inclusion on the site confer any guarantee of accuracy. The site is provided as is without any guarantee, or warranty. Therefore, BritainfromAbove disclaims all liability as is possible within the law.

 

Commercial Use, Distribution or Reproduction

 

No permission is given for any commercial use, distribution or reproduction in these terms. Please use the BUY option for these purposes and separate licences will be provided

 

User Licence for BritainfromAbove

 

Parties

 

The parties to this Licence are The Partners and the User.

Definitions

 

The Partners - Historic England, Historic Environment Scotland, The Royal Commission on the Ancient and Historical Monuments of Wales

Contributor - Any individual or organisation who uploads Digital Media owned by them to the BritainfromAbove website and thereby gives permission to allow the use of their property on the website User any person, group or legal entity who accesses this website and browses, searches, downloads or copies material contained in this website domain or who accesses material derived from this website

BritainfromAbove - The website and its contents as provided at www.britainfromabove.org.uk Licence the contract between the Partners and the User which sets out the terms and conditions of use

Licensed Digital Media - images, text or data which may be downloaded electronically and stored on a User's computer or electronic device

Personal Use - use by an individual which may involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use

Educational Use - use by a recognised educational institution or student or member of staff of such which involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use or not for profit use in a class, lecture or classwork documentation

Blogging Use - use of specially prepared images on a non-commercial basis on a personal blog or website that is free to use and presents no logins

Reproduction - Making copies of Licensed Digital Media as whole single copies or including Licensed Digital Media as part of any other work or publication

Distribution - providing any Licensed Digital Media to any third party by any means

Personal Electronic Device - any electronic device which allows web access, viewing, downloading and storage of electronic files

1 Terms and Conditions of the Licence

Subject to the terms of this licence, The Partners grant to the User a limited, non-exclusive, non transferrable licence to allow the User to use the Licensed Digital Media solely for Personal Use or Educational Use as specified.

2 Personal Use

Personal Use is granted in accordance with the terms of this Licence for research, study or personal display and printout only. The user may store Licensed Digital Media on their personal computer or Personal Electronic Device but may not Reproduce or Distribute the Licensed Digital Media.

3 Educational Use

Educational Use is granted in accordance with the terms of this Licence for research and study only. The User may create documents for classwork, as long as the source of the information (BritainfromAbove website) is acknowledged and the source of any image is attributed (for example, Historic England, Historic Environment Scotland, The Royal Commission on the Ancient and Historical Monuments of Wales, the name of an Individual Contributor and an image reference number is quoted.

4 Blogging Use

Permission is granted for limited distribution of specially prepared images.  These are accessed by selecting the 'Download' button under each image.  These images are limited to 580px on the longest side and carry a special watermark.  You may copy solely these watermarked images to a blog or personal web page as long as the page is freely available with no login restrictions and no charges.  The following conditions apply: you must display the attribution which is contained in the watermark, you must not resize or crop the image, you may make no commercial use of the image or attempt to sell it, sub-license it or use it in any form of advertising.  You must create a return link to the Britain from Above site.

5 User’s Conditions

The User shall not: use or exploit the Licensed Digital Media or any part thereof save in accordance with this Licence. All rights in relation to the Licensed Digital Media not expressly granted to the User under this Licence are reserved to the Partners or the Individual Contributor; sell, resell, license, distribute, transmit or commercially exploit Licensed Digital Media; make the Licensed Digital Media or any part thereof available in any manner or on any media to any third party save in accordance with this Licence; reproduce or amend the Licensed Images or any part thereof in any manner; use the Licensed Images or any part thereof for any purpose other than Personal Use or Educational Use; unless the User has been granted explicit prior written consent to do so by the Partners

6 Commencement Date

The licence commences on the date the User downloads any Licensed Digital Media from the BritainfromAbove website

This Licence shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

 

Individual Contributor Licence

 

Should you wish to contribute material to BritainfromAbove, you will need to sign up for a Community User Account where your contact details will be recorded. In providing material to BritainfromAbove, you agree to the following terms.

Parties - The Licence is between The Partners as defined below and the Individual Contributor Definitions.  
 
The Partners – Historic England, Historic Environment Scotland, The Royal Commission on the Ancient and Historical Monuments of Wales

Contributor - Any individual or organisation who uploads Digital Media owned by them to the BritainfromAbove website and thereby gives permission to allow the use of their property on the website

User - any person, group or legal entity who accesses this website and browses, searches, downloads or copies material contained in this website domain or who accesses material derived from this website

BritainfromAbove Licence - The website and its contents as provided at www.britainfromabove.org.uk the contract between the Partners and the User which sets out the terms and conditions of use

Licensed Digital Media - images, text or data which is uploaded electronically and stored on a User's computer or electronic device

Personal Use - use by an individual which may involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use

Educational Use - use by a recognised educational institution or student or member of staff of such which involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use or not for profit use in a class, lecture or classwork documentation

Reproduction - Making copies of Licensed Digital Media as whole single copies or including Licensed Digital Media as part of any other work or publication

Distribution - providing any Licensed Digital Media to any third party by any means

Personal Electronic Device - any electronic device which allows web access, viewing, downloading and storage of electronic files

Uploaded Resources - Any text or electronic file uploaded by the Contributor for display on the BritainfromAbove website

Consents - permissions by others who have rights in the resource

Intellectual Property Rights - those rights as defined in copyright, design and patents law

Non-exclusive - the contributor retains all rights to grant licences to anyone

1. Contributor’s Undertakings

The Contributor agrees:-

(i) To comply with the Terms and Conditions, Licences and Guidelines of the site and maintain a User Account

(ii) That from time to time, the contributor may supply Uploaded Resources which may include image(s) and caption(s) and text

(iii) that the Contributor has sought all Consents necessary or holds all Intellectual Property Rights necessary to allow supply of such Uploaded Resources for use on BritainfromAbove.

(iv) that The Partners may use and assign the supplied Uploaded Resources Non-Exclusively for Personal or Educational use without further reference to the Contributor and without payment of royalty to the Contributor.

(v) to accept all legal responsibility for such Uploaded Resources and to hold The Partners harmless if any legal challenge occurs.

2. The Partners Undertakings

The Partners agree:-

(i) that the Uploaded Resources will remain the copyright of the Contributor [or as named by Contributor]

(ii) that royalty free use will be limited to Personal, Educational, not-for-profit use.

(iii) that The Partners will issue User Licences to meet these undertakings

(iv) to provide any information regarding inquiries on Uploaded Resources

3 Commencement

The Licence commences on upload of Uploaded Resources and exits for as long as The Partners or their not-for-profit inheritors exist.

4 Acceptance

The Contributor accepts this licence by creating a User Account and uploading Uploaded Resources. This Licence shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

 

Cookies

 

By accessing, browsing, using or registering with the Britain from Above Website you confirm that you are accepting any cookies which the website uses. Please refer to our Cookies footer item for full details about the cookies we use and what they do.

 

Privacy

 

This privacy notice applies to visitors to our website (https://britainfromabove.org.uk) "Website", contributors to our Website, or individuals who purchase subscriptions, digital image(s) or products from us through our Website.

1. Who we are

 We are Historic Environment Scotland, an executive non-departmental public body, incorporated and established under the Historic Environment Scotland Act 2014, being a registered charity (Scottish Charity number SC045925) and having its principal office at Longmore House, Salisbury Place, Edinburgh, EH9 1SH.

We are a data controller for the purposes of the General Data Protection Regulation (Regulation (EU) 2016/679) and related data protection legislation.

 

2.  How to contact us

 If you have any questions about this privacy notice or our data protection policies generally, please contact us:

By post:

The Data Protection Officer
Room G.50
Historic Environment Scotland
Longmore House
Salisbury Place
Edinburgh, EH9 1SH 

By email: dataprotection@hes.scot
By phone: 0131 668 8600

3. Privacy notice

3.1 We are committed to protecting your personal data and your privacy. This privacy notice sets out the basis on which any personal data we collect from you, or that you provide to us, or that we acquire from a third party, will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

3.2 Before we process your personal data, we are obliged to inform you of who we are, why we need to process your personal data, what we will do with your personal data and to whom we will pass your personal data.

3.3 The data protection law in the UK will change on 25 May 2018. Although this privacy notice sets out most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until May 2018 as we are still working towards getting our systems ready for some of these changes.

3.4 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

3.5 This version of our privacy notice was last updated on 24/5/18.

 

4. The data we collect about you

4.1  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 of the individual has been removed (anonymous data).

4.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

     4.2.1 Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

     4.2.2 Contact Data includes billing address, delivery address, email address and telephone numbers.

     4.2.3 Financial Data includes bank account and payment card details.

     4.2.4 Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

     4.2.5 Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website.

    4.2.6 Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

     4.2.7 Usage Data includes information about how you use our Website.

     4.2.8 Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

4.3 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

 

5. If you fail to provide personal data

 Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with your tickets). In this case, we may have to cancel the contract you have with us but we will notify you if this is the case at the time.

 

6. How is your personal data collected?

6.1 We use different methods to collect data from and about you including through:

     6.1.1 Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

     6.1.1.1 create an account on our Website;

     6.1.1.2 fill in forms on our Website;

     6.1.1.3 request marketing to be sent to you;

     6.1.1.4 enter a competition, promotion or survey; or

      6.1.1.5 give us some feedback.

6.1.2 Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies.

6.1.3 Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

     6.1.3.1 Contact, Financial and Transaction Data from providers of technical, payment and delivery services; or

     6.1.3.2 Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

 

7. How we use your personal data

 7.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

     7.1.1 Where we need to perform the contract we are about to enter into or have entered into with you.

     7.1.2 Where it is necessary:

           7.1.2.1 for us to carry out a specific task in the public interest which is laid down by law; or

           7.1.2.2 for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

           7.1.2.3 Where we need to comply with a legal or regulatory obligation.

           7.1.2.4 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message.

8. Purposes for which we will use your personal data

 We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 Purpose/Activity  Type of data  Lawful basis for processing including basis of legitimate interest
 To register you for an account on our Website

(a) Identity

(b) Contact

 Performance of a contract with you

 To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

 (a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Technical

 Performance of a contract with you 

 To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

 (a) Identity

(b) Contact

(c) Profile

 (a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

 To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

 (a) Identity

(b) Contact

(c) Technical

 (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

 To use data analytics to improve our Website, products/services, customer relationships and experiences  (a) Technical (b) Usage   Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant and to develop our business.

 

9.  Disclosures of your personal data

 9.1 We may have to share your personal data with-third party service providers to fulfil our contractual obligations with you.

 9.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

10. How long do we retain your data?

 10.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 

 10.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

11. Marketing

 We will only use your personal data for direct marketing purposes where you have consented to be contacted for such purposes. We do not share your personal details with any third party for their marketing purposes. You have the right to withdraw consent to marketing at any time by contacting us using the details above.

12. Cookies

 You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly.

13. Additional Information

13.1 Compliance with legal obligations, etc.

We may process (including disclose) your personal data in order to comply with any legal obligations binding on us; to protect the rights, property, or safety of our staff, our customers, or others; and to establish, exercise or defend our legal rights.

When we process your personal data for the above purposes, we do so on the basis that such processing is necessary for compliance with a legal obligation to which we are subject or necessary in order to protect the vital interests of a natural person, respectively or necessary in order to pursue our legitimate interests in exercising our legal rights.

13.2 Corporate governanc

We may share your personal data with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006

When we process your personal data for the above purpose, we do so on the basis that we have a legitimate interest in pursuing business aims and objectives

     14. Data transfers

     We do not transfer personal data outside of the European Economic Area.

    15. Data Security 

    1.  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. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
    2. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

     

    16. Your rights 

     Your personal data is protected by legal rights, which include your rights:

    1. Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
    2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
    3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
    4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. 
    5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
    6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
    7. Withdraw consent at any time where we are relying on consent to process your personal data.However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

    If you want to exercise any of these rights, please contact us using the details above.

     You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

     

     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. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at using the details above. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

     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. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at using the details above. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

     You also have the right to complain to the Information Commissioner's Office, which regulates the processing of personal data, about how we are processing your personal data.

     

    Freedom of Information

     

    Each of the Britain from Above partners has a Freedom of Information publications scheme. For details of these go to the respective websites:

    Historic England, www.HistoricEngland.org.uk

    Historic Environment Scotland, www.historicenvironment.scot

    The Royal Commission on the Ancient and Historical Monuments of Wales, www.rcahmw.gov.uk