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16 May 2008  
   
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BARS terms and conditions

 
IMPORTANT: By using this site you are agreeing to be bound by the following BARS Terms & Conditions and our Privacy Policy. The BARS Terms & Conditions govern the way you can use BARS and any material, data and/or information made available to you through it. Please read them carefully.

We may change these BARS Terms & Conditions, our Personal Privacy Policy or our Access to Data Policy at any time. When this occurs you will be presented with the new Terms and Conditions, and/or Personal Privacy Policy and/or Access to Data Policy and given the option to agree to or reject them.

Contents

1. Use of BARS

Rules governing your use of BARS.

2. Use of material, data and/or information

Rules governing your use of any material, data and/or information made available to you through BARS.

3. Accuracy of Information and Disclaimer

Data accuracy and limitation warnings.

4. Data Protection and Privacy

The collection, use and disclosure of personal data.

5. Third Party Goods and Services and Links

The material, data and/or information that others make available or link to through our website.

6. Our Liability

The extent of our liability and that of our data providers.

7. General

Legal enforcement and jurisdiction.

8. Further Information

Who you can contact for further information or help.

1.

Use of BARS

1.1 The Biodiversity Action Reporting System (BARS) is a web-based information system developed to support the planning, monitoring and reporting requirements of national and local BAPs. The site is available for use by anyone to maintain their biodiversity planning and reporting data for their own purposes and to make it available for others to view and use in line with these BARS Terms & Conditions.
1.2 You must not use or attempt to use any of the information on this site deliberately to damage the natural environment.
1.3 You must not use any of the personal data made available to you on this website for any purpose other than to contact the individuals concerned directly to request greater access, further information and/or support.
1.4 You must not pass on or share your BARS User Name or Password.
1.5 You must not try to circumvent the security features of this website, or tamper with, hack into, or in some other way disrupt or disable any computer system, server, website, router or other device used to host this site or make it available.

2.

Use of material, data and/or information

2.1 All data in BARS is provided under the Access to Data Policy.
Please read our Access to Data Policy; it will help you to understand how we use your data.
2.2 All material, data and/or information on this website are protected by copyright, database rights and other intellectual property rights. If you access and use any of the material, data and/or information made available to you on this site, you do so subject to these BARS Terms & Conditions.
2.3 Under these BARS Terms & Conditions you are permitted to view and download any material, data and/or information that Data Providers allow you to access on this website for your own private use or for use in the ordinary course of your business provided that use is in accordance with these BARS Terms & Conditions.
2.4 Data Providers may identify some parts of the material, data and/or information they supply as being environmentally sensitive in nature and access to these sensitive aspects may be restricted. Where you are granted access to environmentally sensitive information you must not disseminate, deliberately compromise or otherwise infringe the confidentiality of such information without first obtaining written permission from the relevant Data Provider.
2.5 You may not make any financial profit and/or any other tangible benefits from use of the material, data and/or information on this website or from any products you derive without first obtaining written permission from the relevant Data Provider.
2.6 You may not republish wholesale the material, data and/or information made available to you, or exploit it for commercial or academic research purposes without first obtaining written permission from the relevant Data Provider.
2.7 Any information product or publication that you make which contains any part of the material, data and/or information made available to you via this website must contain a statement that the Data Provider and the UK BAP Partnership bear no responsibility for any further analysis or interpretation of that material, data and/or information.

3.

Accuracy of Information and Disclaimer

3.1 We try to ensure that any material, data and/or information on this website that has not been supplied by a third party is accurate, but we make no representation and give no warranty that any material, data and/or information is accurate, up to date or complete. We accept no liability for any loss or damage caused by inaccurate, out of date or incomplete material, data and/or information.
3.2 Data Providers take steps to maximise the quality of the material, data and/or information they make available to you through BARS but give no warranty that it is accurate, up to date or complete. Furthermore Data Providers accept no liability for any loss or damage caused by inaccurate, out of date or incomplete material, data and/or information.
3.3 You should independently verify any material, data and/or information on this website before relying upon it. The material, data and/or information on this site are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by the UK BAP Partnership and are not intended to be relied upon when making [or refraining from making] any decision.
3.4 If you find any inaccurate, out of date or incomplete material, data and/or information on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting the BARS administrators at info@ukbap-reporting.org.uk or the Data Provider of the material, data and/or information to which the issue relates.
3.5 You are responsible for ensuring that your computer systems are suitable to access and use this website. We do not warrant that any material available through this website will be free from viruses or other code that might be harmful. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.

4.

Data Protection and Privacy

4.1 We want to protect the privacy of visitors to our website and that of our customers and individual members.
Please read our Personal Privacy Policy; it will help you to understand how we use your personal data.
4.2 Whenever you give us personal data, you are consenting to its collection and use in accordance with our Personal Privacy Policy.

5.

Third Party Goods and Services and Links

5.1 Any opinion, advice, statement, service, offer, or information or material given or made by any third party on this website, or on any site to which this website is linked, is that of the author or provider, and not of the UK BAP Partnership. We do not endorse, and we are not responsible for, the accuracy or reliability of, any such opinion, advice, statement, service, offer, information or material.
5.2 Where material, data and/or information on this website have been supplied by a third party, we do not control or endorse them in any way. All material, data and/or information supplied by third parties are made available in good faith but we do not (to the extent allowed by the law) accept responsibility for their accuracy or use.
5.3 We make no representation and give no warranty about any other websites or any opinion, advice, statement, offer, information or material on them. We have no control over their content or availability. We will not be liable for any loss or damage caused by or in connection with any use of, or reliance on, any information, materials, goods or services available on or through any other website.
5.4 Any concern about any link to another website should be directed to that site's website administrator or web master.

6.

Our Liability

6.1 We have no liability for the inability of anyone to access this website or any information or material on it, and we do not warrant that this site will operate without interruption.
6.2 We are not responsible for, and will have no liability for, any error or corruption or breach of security resulting from the transmission of any information or material over any telecommunications network.
6.3 We do not exclude or limit our liability for death or personal injury caused by our negligence or for any fraud on our part, or for any liability that cannot be excluded by law.
6.4 Subject to Condition 6.3, we will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).
6.5 All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by the UK BAP Partnership and the data owners and suppliers.
6.6 If the use of any information or material on this website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered. If you are outside the United Kingdom you must satisfy yourself that you are lawfully able to use any such information and materials. We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the UK.

7.

General

7.1 No delay, neglect or forbearance on the part of the UK BAP Partnership in enforcing any of these BARS Terms & Conditions will be, or be deemed to be, a waiver. Nor will it prejudice any right of the UK BAP Partnership
7.2 If any of these BARS Terms & Conditions is (for any reason) held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will not affect the remainder of these BARS Terms & Conditions; and they will continue in full force and effect.
7.3 These BARS Terms & Conditions are governed by English law and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. The place of performance will be England.
7.4 No addition to or modification of any provision of these BARS Terms & Conditions will be binding on the UK BAP Partnership unless made in writing and signed by their duly authorised representatives. "Writing" includes by e-mail.

8.

Further Information

8.1 This is the website of the Biodiversity Action Reporting System (BARS), administered by Natural England, on behalf of the UK BAP Partnership. Natural England is a Non-Departmental Public Body that champions the conservation of wildlife and geology throughout England.
8.2 Natural England's head office is at: 1 High Street, East Parade, Sheffield, S1 2ET, United Kingdom.
8.3 If you wish to raise any query, please contact info@ukbap-reporting.org.uk

Personal Privacy Policy

 
Personal information relating to living individuals must be held and managed in accordance with the requirements and principles of the Data Protection Act 1998 and/or any subsequent legal provisions. This policy sets out the personal information that is to be collected, stored and managed, the uses to which it is put and to whom this information is disclosed.

This Privacy Policy relates to personal data held by Natural England and not to any personal data held elsewhere.

This policy explains how BARS, which is managed by Natural England on behalf of the UK BAP Partnership, uses any information you give to us, and the ways in which we protect your privacy. The Data Controller is Natural England, 1 High Street, East Parade, Sheffield, S1 2ET, United Kingdom. If this privacy policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties. Whenever you give us personal data, you are consenting to its collection and use in accordance with this privacy policy, including our use of cookies as explained below.

When you are registered as a BARS user you may be asked to provide the following personal data: your name, e-mail address, the name of the company to which you are affiliated, your contact details and a password of your own choosing. We use your personal data to provide you with a personal user account to which individual access rights are allocated to control the level of access to BARS and any BAPs you are a member of. Via a personal administration section on the BARS website users can update and/or edit their details and will have the option to limit how much of this personal data will be available to general users of the BARS website, including members of the general public.

However, you should be aware that your personal details will be accessible to BARS users who are listed as contacts for any HAP, SAP or Local Biodiversity Action Partnerships that you are also a contact for; other individuals in your organisation; and other BARS users who are listed as contact points for any actions that you are also listed against.

Please do not send us any personal data about anyone else without their permission.

We may also use your personal data to monitor the use of the site, and to record traffic flows. We do this to better understand our visitors and help inform the development and evolution of our service. As a registered BARS user you will receive an automated email each time you are added as a contact having either a lead or support role for any action. You may also receive automated email reminders when progress reports are due for actions you are listed against. You have the ability to switch off the automated progress report requests using the personal administration section on the BARS website.

Whenever and wherever we collect, process or use personal data, we take steps to ensure that it is managed securely and in accordance with our privacy policy.

Access to Data Policy

 
BARS has been designed so that data entered onto the system is shared, allowing the integration of information across local and national plans. Individuals and organisations should be aware that by accepting the BARS terms of use they have agreed that any information they input onto the system may be shared with other BARS users and members of the public. Security features are built in to ensure that users can tag certain types of information as confidential which makes it unavailable to general BARS users and members of the public. Locations tagged as confidential can only be viewed by other users listed as contacts for that action. In addition, progress reports tagged as confidential, and all information on resource expenditure, is only available to other members of the user's own organisation, or other contacts of the relevant HAPs, SAPs or LBAPs, which the user is also a contact for.

The information entered onto BARS may also be used in national reporting rounds by the Biodiversity Reporting and Information Group (BRIG) of the UK BAP Standing Committee. Users should be aware that any information they provide may be collated, analysed and published by BRIG.

If you have any queries on how data will be used please contact the BARS administration team: info@UKBAP-reporting.org.uk

Data protection

 
Under the Data Protection Act 1998, we have a legal duty to protect any information we collect from you. We use leading technologies and encryption software to safeguard your data, and keep strict security standards to prevent any unauthorised access to it. We do not pass on your details to any third party or government department unless you give us permission to do so.

No data transmission over the Internet or any other network can be guaranteed as 100% secure, but we take appropriate steps to try to protect the security of your personal data.

What happens when I link to another site?

 
The BARS website contains links to other websites, both those of government departments and of other organisations. This privacy policy applies only to our site, so you should always be aware when you are moving to another site and read their privacy statement.

Use of cookies

 
A cookie is a small piece of data or message that is sent from a web server to your browser and is stored on your hard drive. A cookie can't read data off your hard disk or read cookie files created by other sites. Cookies do not damage your system.

You can reset your browser so as to refuse any cookie or to alert you to when a cookie is being sent.

If you choose not to accept our cookies, some of the features of our site may not work as well as we intend.