User Agreement and Privacy Statement
Description of the service
The service provides a web based database, mapping and survey tool to aid in the development, tracking and monitoring of travel plans, travel grant applications, travel reviews, travel surveys and associated documents for any workplace, residential or commercial development and all schools within the participating areas (the Metropolitan District of the City of Sunderland and the Metropolitan Borough of Gateshead).
It provides the opportunity to have a log in area for registered workplaces, schools, business parks and residential or commercial developments within the participating areas and manages relevant data and document storage where travel planning, survey results and associated documents can be analysed and stored to build up a history of performance over time.
It aids in communicating the benefits of sustainable transport to the community by reaching out to workplaces, business parks, schools, and developments and, by building up a picture of progress over the years. Results are easily accessible (logged-in area on the Website) by the individual workplace, business park, school or development to encourage continuous engagement, better awareness and improvement.
For each individual workplace, business park, school and development the system typically stores: address, location, IP addresses, website URL, multiple contact details including telephone numbers and email. Bulk emails can be sent out to specific sets of (or all) users/contacts.
Surveys and questionnaires are run by or on behalf of the participating local authorities (Sunderland City Council and Gateshead Council), to be completed by organisations and members of the public.
Members of the public cannot register for a login to the scheme, they can only reply to specific survey links. Individuals replying to surveys will enter their details, some information will be anonymised but some personal details may be required, for example, should an individual wish to enter a prize draw.
All of these aspects of this service together forms the Scheme.
Terms and Conditions
The Website is a service provided and operated by the participating local authorities in conjunction with Jambusters Limited.
Throughout this Website the expressions "we", "us" or "our" means, depending upon the context, the participating local authorities, Jambusters Limited, their agents, employees and subsidiaries and "you" means any registered organisation, its representatives, partners and employees, including, but not limited to, workplaces, business parks, schools, development sites. The "Scheme" or the "Website" refers to the Travel Plan Monitoring Scheme Website provided and operated by the participating local authorities in conjunction with Jambusters Limited as detailed in the Description of the Service.
Access to the Website
We do not warrant or represent that this Website, its content, down loaded material and any linked site:
- will always be available or be uninterrupted or error free;
- that any errors will be corrected;
- is free of any type of virus or other harmful code or compatible with any specific computer system or third party software;
Any part of the Website may be suspended, withdrawn or offer restricted availability for business or operational reasons without prior notice.
The content of this paragraph and its disclaimers and exclusions shall apply to the maximum extent permissible by applicable laws. If any part is unenforceable under the applicable laws the remainder of such text shall still apply.
Once you have signed up for an account you must treat your username, password and any other sign in information as confidential and not disclose it to any third party.
If you know or suspect that anyone other than you knows your username or password you must promptly notify us.
Business users are responsible for the actions of their employees, agents, representatives and sub-contractors in accessing this Website and their account.
Third party information
Some of the information presented and/or used in the Website comes from third parties. We are not responsible for any inaccuracies and/or mistakes in the information provided on the Website which is provided by third parties.
Where the Website contains links to other sites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources.
Uploading content/rights you grant
Whenever you make use of a feature that allows you to upload content to the Website or to make contact with other users/organisations you warrant that:
- you have the appropriate consent, including parental or guardian consent for images of children, to upload and publish the images, documents and text to the Website
- any content, excluding personal information, uploaded to the Website can be placed in the public domain; and
- that you will be liable to and indemnify us for any breach of these warranties.
You agree that any content, excluding personal information, you upload to the Website, or which you confirm can be included on the Website is non-confidential and non-proprietary.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy.
We shall remove comments or content uploaded to the Website if, in our opinion, the comments or content is inappropriate, likely to cause offense to others or for such other reason as we may determine at our sole discretion.
You acknowledge that when you upload any content to the Website, the participating local authorities, Jambusters Ltd, Local Government Officers for the area in which you are located and any third parties who you partner with as part of the Scheme shall be able to view such content and you grant the following rights of use for all uploaded content:
- We may use any of the content for our own purpose of administering the Scheme, which shall include but not be limited to the internal and external promotion of the Website and the Scheme;
- Local Government Officers may use any of the content for the purposes of administering the scheme and activities in their area connected to the Scheme; and
- Any partners who you are working with may use any of the content solely for the purposes of the partnership which they are working with you on.
Intellectual property rights
All intellectual property rights in this Website and its contents belong to the participating local authorities (contents) and Jambusters Limited (Website) and/or its licensors. No part of this Website may be reproduced or adapted in whole or in part without the express prior written consent of the participating local authorities and/or Jambusters Limited. All copyright and other proprietary notices contained in the original materials must be retained on any copies of the materials.
Linking to the Website
You may link to the Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link which suggests any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, or other material that is malicious or technologically harmful.
You must not attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server or computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Changes to these terms/the Website
We may amend these terms from time to time and you are responsible for ensuring that you are aware of what terms apply at the time of your use.
We may update and change the Website from time to time to reflect business changes, needs or for any other reason. We will try to give you as much notice as possible of any major changes.
Although we will make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content of the Website is accurate, complete or up-to-date.
The content of the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
Governing law and jurisdiction
All personal information will be treated in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data protection Act 2018.
Any Personal Data you submit will be retained by us for as long as you are registered to use the Website. Unless we are obliged or permitted by law to do so or you have given your express consent, your Data will not be disclosed to third parties.
You may access your Account at any time to view or amend your Data. You may need to modify or update your Data if your circumstances change. You have the right to ask for a copy of your Personal Data by contacting the Data Protection Officer.
You agree to receive emails from us conveying reminders, requests and opportunities or news about the Scheme. This consent may be withdrawn at any time by contacting us and asking to be removed from the mailing list.
Correspondence entered into by email with us and/or our personnel will be subject to automated virus-checking procedures and accordingly such correspondence may be viewed by someone other than the addressee.
Information that you send via this Website may be processed and retained by us for lawful purposes relating to the services of the Website and thus by making any submissions via this Website, you consent to our retention, processing and transmission of such submissions. If at any time you would like us to delete or modify any information you have submitted, or if you have any other questions, please contact us via the Data Protection Officer.
The Data Protection Officer is:
Data Protection Officer
People, Communications and Partnerships Directorate
Sunderland City Council
Telephone: 0191 561 1023
You have the right to raise a complaint with the UK data protection supervisory authority, Information Commissioner's Office, ICO.
Their contact details are:
We are committed to protecting your privacy. This section sets out the basis on which Personal Data we collect from you, or that you provide to us, will be processed by us. Before providing us with any of your details, please read the following important information carefully to understand our views and practices which concern the protection and use of your Personal Data.
We will collect and process the following information about you:
- Information you give us. This is information that you give us by filling in forms on our website or by corresponding with us by phone, email, completing paper copies of the surveys or otherwise. It includes information you provide when you register to use our site, complete surveys or questionnaires, engage in the preparation and/or monitoring of travel plans or enter a prize draw. The information that you give us may include your name, address, email address, telephone number, age, gender and details of your employer, place of work and position held. In relation to developments and workplaces registering, this will include workplace name, type of business, address, telephone and email addresses of contacts. For a site audit survey, details are requested regarding facilities and sustainable travel measures.
- Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
- Technical information including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, operating system and platform.
- Information about your visit, including the full Uniform Resources Locators (URL), clickstream to, through and from our site (including date and time), page response times, download errors, length of visits to certain pages, methods used to browse away from the page.
We use the information held about you in the following ways:-
- Information you give to us. We will use this information to:-
- Develop, track and monitor travel plans, assist in travel planning, communicate the benefits of sustainable transport to the community and contact you to complete surveys, questionnaires and/or prize draws.
- We will provide anonymised data limited to information such as home and work post codes and travel arrangements to registered schools, workplaces and developers/contractors undertaking site audit surveys to aid development, better travel awareness and improvement of local sustainable transport.
- Information we collect about you. We will use this information:
- To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- To improve our site to ensure that content is presented in the most effective manner for you and your computer;
- To allow you to participate in interactive features of our service, when you choose to do so;
- As part of our efforts to keep our site safe and secure.
Disclosure of your Information
You agree that we have the right to share your personal information with:
- Your participating local authority as the data controller and commissioner of this Service (each local authority is restricted to information pertaining to their local authority area);
- Jambusters Limited as the data base administrator and data processor;
- Agents, contractors, sub-contractors of each of the above, on the same basis as those they are acting on behalf of, provided they have signed a non-disclosure agreement or similar.
You agree that we have the right to share anonymised data, limited to information such as home and work post codes and travel arrangements with:
- Schools registered on the Go Smarter Website;
- Workplaces registered on the Go Smarter Website;
- Developers/contractors undertaking site audit surveys registered on the Go Smarter Website.
The anonymised data will only be available to the school, workplace or development site surveys for the area in which it is based.
We will hold and process any personal information which you provide via the Website or by submitting emails and/or online forms and paper copy forms for purposes of the Scheme. Any Personal Data you submit will be retained by us for as long as you use the Website. Paper copy documents will be destroyed once the data has been uploaded on to the Website. Any contact information wich you optionally provide in response to a Travel Survey (e.g. for entry into a prize draw, or when requesting information about cycling) will be retained for a maximum of three months after the close of the survey.
On written request from you we will supply details of any personal information which you have provided us with and/or to cease to make use of your personal information for the purposes described above. We may require proof of identity from you prior to disclosing such information in order to safeguard the security of your information.
You have the right to:
- obtain confirmation of whether your personal data is being processed
- access the data (i.e. to a copy)
- be provided with supplemental information about the processing
- require a controller to remove or rectify inaccuracies in personal data held about you, in some circumstances
- be provided with your information in a structured, commonly used and machine readable form
The Data Controller must comply without undue delay.
The Data Controller must verify the identity of the person making the request.
Unless we are obliged or permitted by law to do so, your Personal Data will not be disclosed to third parties. We do not pass on or sell online personal information to third parties.
In collecting information about visits to the Website, we may use "cookies" to identify visitors to the Site and to build up a demographic profile. A cookie is a small piece of text which attaches to your hard drive (but does not access your hard drive) and from which it can store and sometimes track information on how you make use of a website. Most browsers will automatically accept a cookie but it is possible to set your browser to notify you prior to it being sent and at which point you can accept or reject it.
We may provide hyperlinks from this Website to the websites of third parties. Please note that this privacy statement applies only to the contents of this Website and not to those websites to which we may provide a link.
The Websites are provided "as is" without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, accuracy and security. We do not guarantee or represent that the content and/or facilities available or accessible via the Website will always be accurate, complete or current or that access to the Website will be uninterrupted.
To the extent permitted by law we expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use the Website, whether directly or indirectly resulting from inaccuracies, defects, viruses, errors - whether typographical or otherwise, omissions, out of date information or otherwise.
Accessing the Website and the downloading of material from it is done entirely at your own risk. You, and not "us", will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of such damage.
This Website may contain links to other websites over which we have no control. Such links are supplied solely for the convenience of users. We are not responsible for the contents or reliability of the linked websites and do not necessarily endorse the views expressed within them or the organisation or persons providing them in any way. We do not guarantee that these links will work all of the time and we have no control over the availability of the linked pages.
Providers of other websites may place text-based links to pages on our Website without seeking prior permission.Such links, however, must not open our Website pages into frames within another website. Pages from our Website must be loaded into the user's entire browser window. The Go Smarter logo, or that of any associated or subsidiary organisation, must not be used for promotional or linking purposes unless prior approval in writing has been given. Please contact us for further details on obtaining such approval.
These terms and conditions will be governed and construed in accordance with the laws of England. The courts of England shall have exclusive jurisdiction over disputes between a user and any participating local authority arising out of the access or use of this Website. Omission by us to exercise any right under these terms and conditions will not constitute a waiver of such right unless expressly stated by us in writing.
Unless expressly stated the copyright and other intellectual property rights (such as, design rights, trademarks, patents etc.) in any material provided on this Website remains our property (or as the case may be another rightful owner). Our material on this Website, including text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way, except for your own personal non-commercial use. You must gain our permission for any other type of use.