insideOut™ APP TERMS AND CONDITIONS OF USE
By using the app you agree to these terms. If you do not agree to these terms you may not use the app.
We South Lanarkshire Council, established under the Local Government etc (Scotland) Act 1994 and having its principal offices at Almada Street, Hamilton, ML3 0AA, license you to use:
- the insideOut mobile application software and data supplied with it (App) and any updates or supplements to it;
- the related online or electronic documentation we supply for the App (Documentation); and
- the service you connect to via the App and the content we provide to you through it (Service);
all as permitted in these terms.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice, to deal with additional features which we introduce.
We will give you at least 30 days notice of any change by sending you an SMS or an email with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
App Stores’ Terms may also apply
The ways in which you can use the App and Documentation may also be controlled by the rules and policies of App Stores such as Google Play Store and/or Apple’s App Store. Their rules and policies are likely to apply instead of these terms where there are differences between the two.
Technical requirements to run the App
This app requires a mobile device capable of running the Google Android or Apple iOS operating system with a minimum of 40MB of free disk space and the device must be capable of running Apple iOS12+ or Google Android 5+.
Help when using the App
If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.insideoutapp.co.uk
If you think the App or the Services are faulty or wish to contact us for any other reason please email our customer service team at email@example.com
Our communications to you
We may contact you by email, by SMS or by pre-paid post, using the contact details you have provided to us.
Your permitted use of the App
Users of the App are permitted to download or stream copies of the App onto their mobile devices and view, use and display the App and the Service on such devices for your personal purposes only. You may access the App on up to three devices and on only one device at any given time. In addition you may use any Documentation to support your permitted use of the App and the Service and receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
We are giving you personally the right to use the App and the Service as set out above and you should not transfer the App or the Service to someone else for any reason. You must be at least 13 years of age to use the App.
Users of the App may include (1) Non-account Users, being App users that have not created an account (2) Account Users, being those Users who have the App and have created an account (3) Listings Users, being Users who have created an Account and have added one or more listings pages detailing a business, service, event, group or club in the Community, Directory or What’s On? sections of the App (and who shall be able to receive and reply to messages (by SMS or email depending on preference) from Account Users) and (4) Moderator Users being those people approved by us from time to time to monitor content added by Users.
The facility for Listings Users to list details of their business (or service, event, group or club) is provided at our discretion and is not guaranteed. In providing any such content you confirm to us that you are duly and properly permitted to provide such details. Any false or misleading behaviour in respect of these listings may result in you being prohibited from using the App.
Moderator Users will seek to ensure that content added to the App adheres to the guidelines published by us from time to time (whether in these terms or otherwise). Moderator Users shall be entitled to block and/or remove content if they reasonably believe it is inaccurate or otherwise does not meet our guidelines. No user has a right to post material to the App, and the decision as to whether or material may be included rests entirely with our moderators and ourselves.
Changes to the Service & App Updates
We may automatically update the App from time to time and/or change the Service to improve performance, reflect changes to the operating system, enhance functionality or address security issues. We may also ask users to update the App for these reasons.
Please note that you may not be able to continue using the App and the Services if you choose not to install such updates or if you opt out of automatic updates.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
If you provide content of any kind (including written content, drawings and photographs) for use in relation to or as part of the App, you must be able to demonstrate that you are entitled to do so, and that its use in relation to the App will not infringe the intellectual property rights of any other party. You must also tell us where possible who owns the intellectual property rights in the content you provide if you are not the owner.
If you use another person’s phone or account
If you are using the App on a phone that is not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device. If you are using the App whilst logged in to someone else’s account, you must have the account holder’s permission and shall be responsible for complying with these terms.
Data collected about your device
Please note that all users of the App agree to us (and/or our affiliates or service providers) collecting data about the devices you use to access the App as well as related software, hardware and peripherals to provide Services to you and make improvements to our products.
Use of location data & Disabling location services
We (and/or our affiliates or service providers) will sometimes make use of location data sent from your devices. If you use the App [these Services], you consent to our (and/or our affiliates or service providers) transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. Please note that you can turn off this functionality (and effectively stop the collection of such data) at any time by turning off the location services settings for the App on the device.
3rd party websites are not within our control
You may come across links to other independent websites which are not provided by us, when using the App or Services. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
Restrictions on your use of the App
You agree that you will:
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- except in the course of sharing that we may expressly authorise from time to time, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable use of the App
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; and
- not post or submit any inaccurate harmful or defamatory content on the App.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
The App and the Services are provided for general information purposes only. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
Withdrawal of rights to use the App
We may end your rights to use the App and Services at any time (including by suspending or blocking your account) if you have breached these terms.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
3rd Party Rights
No third party shall have any rights enforce any term of this agreement, including rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Transfer this agreement
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Delay in enforcing our rights
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts.
We are required by law to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data.
Withdrawing your consent
Consent to processing Location Data
- The insideOut mobile application software (App) once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
- Any of the services accessible through the App (Services) or that are available on sites of ours (Services Sites). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
Who we are
Stand Limited, a limited company with company number SC239377, and having its registered office ay Citypoint 2, 25 Tyndrum Street, Glasgow, G4 0JY (and referred to here as "we", "us" or "our" in this policy) is the “controller” for the purposes of data protection legislation and is responsible for your personal data.
We are providing the App to you as part of our service provision to South Lanarkshire Council. A reference to "we", "us" or "our" as the controller, may from time to time include a reference to South Lanarkshire Council where this is agreed between us and the Council and/or required under data protection legislation.
How to contact us
Our full details are:
- Full name of legal entity: Stand Limited
- Email address: firstname.lastname@example.org
- Postal address: 29 St Vincent Place, Glasgow, G1 2DT
- Telephone number: 0141 2222 999
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.
If this policy changes then the changes will be posted on this page and, where appropriate, notified to you. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.
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 our relationship with you.
Links to 3rd Parties
Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.
The data we collect about you
We may collect, use, store and transfer different kinds of personal data about you as follows:
- Identity Data.
- Contact Data.
- Device Data.
- Content Data.
- Usage Data.
- Marketing and Communications Data.
- Location Data
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.
How is your personal data collected?
We will collect and process the following data about you:
- Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.
- Information we collect about you and your device. Each time you visit one of Our Sites or use one of our Apps we will automatically collect personal data including Device, Content and Usage Data.
- Location Data. We also use technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your mobile device settings.
- Information we may lawfully receive from time to time from other sources including third parties and publicly available sources.
How we use your personal data
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
- Where you have consented before the processing.
- Where we need to perform a contract we are about to enter or have entered with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.
Purposes for which we will use your personal data
Type of data
Lawful basis for processing
To install the App and register you as a new App user
To manage our relationship with you including notifying you of changes to the App or any Services
Marketing and Communications
Performance of a contract with you
Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)
Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
To enable you to participate in a prize draw, competition or complete a survey
Marketing and Communications
Performance of a contract with you
Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
To administer and protect our business and this App including troubleshooting, data analysis and system testing
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
To deliver content and advertisements to you
To make recommendations to you about goods or services which may interest you
To measure and analyse the effectiveness of the advertising we serve you
To monitor trends so we can improve the App
Marketing and Communications
Necessary for our legitimate interests (to develop our products/Services and grow our business)
Disclosures of your personal data
When you consent to providing us with your personal data, we may ask you for your consent to share your personal data with one or more the third parties.
Whenever we transfer your personal data out of the EEA, we will seek to ensure that any destination affords a similar level of protection to your personal data as it has under this policy, and to follow guidance issued from time to time by the Information Commissioner’s Office.
All information you provide to us is stored on our secure servers. All information you provide to us is stored on our secure servers based in the UK. These servers are monitored 24/7/365 and are operated in one of the most secure data centre environments in the world. Any data transmitted between the app and the data centre itself is encrypted using SHA-2 & 2048-bit SSL encryption technology. Minimal personal data is stored to allow the app to operate effectively and the data is regularly reviewed for its integrity. All data is stored in accordance with current GDPR legislation and your right for removal is acknowledged and any removal requests will be actioned in a timely manner.
Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
When using the App or communicating with any other Users, ensure that you do not disclose any personal data that you do not want to be seen, collected or used by other users.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
We try to retain personal data for no longer than is necessary under applicable law and in accordance with ICO guidance.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see “Your data protection rights” below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances you have the following rights under data protection laws in relation to your personal data.
You can exercise any of these rights at any time by contacting us at Stand Limited, 29 St Vincent Place, Glasgow, G1 2DT OR email@example.com
You have the right to:
- 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.
- 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.
- 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.
- 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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- 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:
- if you want us to establish the data's accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- 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
- you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- 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.
- 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.