Terms & Conditions

Definitions

The data – a collection of electronic records or documents relating to biological, geological or other environmental features.

Data provider – The relevant Local Environmental Records Centre (LERC) providing ‘the data’.

Data user – Those registered to access ‘the data’, including, but not restricted to, access via a Service Level or any other Agreement (including subcontractors) or via a documented data request procedure.

1. Data Use

1.1. ‘The data’ may be accessed only by the 'data user' having agreed to these Terms and Conditions.

1.2. The 'data user' may not pass 'the data' onto a third party without the permission of the ‘data provider’.

1.3. The 'data user' may not amend ‘the data’ as provided.

1.4. The ‘data user’ may not share, publish or broadcast any of 'the data' marked as confidential or sensitive, or the means of accessing ‘the data’.

1.5. 'The data' must not be used beyond either its Expiry Date (if specified) or 6 months from the Supply Date. Contact the ‘data provider’ if access to ‘the data’ is required beyond these dates.

1.6. 'The data' should be kept secure from unauthorised or accidental use, access, disclosure or loss, and all reasonable practical steps taken to ensure the security of 'the data'.

1.7. 'The data' may only be used for the agreed purpose or for the purpose for which it was obtained.

1.8. 'The data' may only be used for legitimate and legal purposes.

1.9. The ‘data provider’ reserves the right to refuse to supply ‘the data’ and will revoke access to, ‘the data’ if the ‘data user’ fails to comply with these Terms and Conditions.

2. Copyright & Privacy

2.1. The copyright of ‘the data’ as supplied to the ‘data provider’ remains with the originator of that data. The copyright of processed data as supplied to the ‘data user’ belongs to the ‘data provider’.

2.2. The ‘data provider’ must be acknowledged in any publication produced using ‘the data’. A copy of the publication should be made available at no charge to the ’data provider’.

2.3. The ‘data provider’ will manage any personal data in accordance with its Privacy Policy.

3. Limitations & Liability

3.1. The 'data user' will not hold the ‘data provider’ or those supplying data to the ‘data provider’ liable for problems and/or financial loss, which might arise from the use of ‘the data’.

3.2. Use of 'the data' does not in any way replace the need for adequate field survey.

3.3. Where ‘the data’ indicates the presence of a biological, geological and other environmental feature, this does not guarantee continued occurrence of that feature.

3.4. Absence of a biological, geological and other environmental feature in ‘the data’ does not imply absence of that feature.

4. Sensitive Information
To protect sensitive information from public release, the ‘data provider’ maintains a list, used to mark sensitive features within ‘the data’. This list comprises all features identified by Natural Resources Wales (NRW) in their guidance on Ecological Data Exempt from General Release, together with additional features.

4.1. The ‘data user’ understands that data marked as sensitive are likely to engage exemptions under the Freedom of Information Act 2000 and exceptions under the Environmental Information Regulations 2004 (EIR).

4.2. The ‘data user’ agrees to give due regard to the level of sensitivity pertaining to data in assessing whether ‘the data’ engages exemptions under the Freedom of Information Act 2000 and exceptions under the Environmental Information Regulations 2004.

Contact Us
Cofnod
Intec, Ffordd y Parc, Parc Menai
Bangor, Gwynedd, LL57 4TF
contactus@cofnod.org.uk
www.cofnod.org.uk

1st April 2024