TERMS AND CONDITIONS

About Emyr

Emyr is Data Cymru's secure file exchange site which offers Data Cymru and other organisations the ability to transfer documents safely and securely. It has a Secure Socket Layer (SSL) security level which ensures relevant encryptions from the login screen and throughout the Emyr. Emyr is hosted, developed and managed by Data Cymru ("we").

Terms of use

Emyr is a restricted access tool. Access is restricted to the following users ("you"):

  • Data providers;
  • Data Cymru staff; and
  • Organisations that Data Cymru work with.

Certain Data Cymru employees will have strict administrative access to the underlying data base for technical changes and development.

These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of Emyr.

Please read these terms of use carefully before you start to use Emyr, as these will apply to your use of the website. We recommend that you save, or print, a copy of this for future reference.

By using Emyr, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use Emyr.

Changes to these terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Accessing Emyr

Data Cymru will set up relevant user accounts required and will share this information with the relevant user. During user set up, we ask you for personal information e.g. email address and name, in order to create a user profile.

The information you provide will be used to create and manage your account. The information is mandatory - your name, valid email address, your organisation and the project you are involved in. Anonymous users are not accepted. Your username will follow a specific project convention or a combination of your organisation, first initial and surname.

Data Cymru can register new users. We may ask you in an email to collect your contact details which will then be used to create your user account.

Conduct and responsibility

We expect you to exercise good manners and consideration when using Emyr.

You are responsible for the files that your exchange back to Data Cymru.

You will be provided with a user login and password when Data Cymru register you. You must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

Downtime

Please note we reserve the right to schedule downtime of the site for maintenance, repairs and service improvements - this will be done during non-business hours.

We will not be liable to you if for any reason Emyr is unavailable at any time or for any period.

Data management

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 use sub-processors, NSUK (Net Support UK), to store our data safely and securely. All data is stored in the UK.

Data protection

Data Cymru will at all times comply with the Data Protection Laws. For more information on how we protect the personal data we collect from you please see our Privacy Policy.

Data Cymru acts as Data Controller for any personal data you are asked to provide when you register.

Your specified username may be visible to other users in certain areas of Emyr.

All other details are completely confidential, and we do not pass any of your personal information to third parties

We use sub-processors, NSUK, to store our data safely and securely. As such, they operate within the terms set out by us. All data is stored in the UK.

Data Cymru acts as a Data Processor for all data you enter or upload to Emyr. This means that you are the Data Controller. We encourage the input of accurate and timely information.

We will at all times limit access of your personal data to employees that have signed appropriate confidentiality agreements.

We will at all times maintain appropriate physical and organisational measures to protect personal data belonging to you and/or shared by you and ensure it is secure. We use leading technologies and encryption software to safeguard your data, and keep strict security standards to prevent any unauthorised access to it.

Where appropriate, information will be stored for only as long as it is needed or required by statute and will be disposed of appropriately. Emyr protocol is to not delete records, as maintaining a data audit trail documenting usage of the site is important and may be used by Data Cymru and local authorities and other data providers for understanding when documents were exchanged.

Disclosure

We may share aggregated and anonymised data from Emyr with organisations Data Cymru work with.

Limitation of liability

Nothing in these terms of use excludes, or limits, our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to Emyr or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • Use of, or inability to use, Emyr; or
  • Use of or reliance on any content displayed on Emyr.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Emyr or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on Emyr. Such links are provided for your information only and should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. We have no control over the contents of those sites or resources.

Intellectual Property Rights

We are the owner or the licensee of all Intellectual Property Rights (IPR) of our site. Copyright laws and treaties around the world protect these works. All such rights are reserved.

Viruses

We do not guarantee that our service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access Emyr. You should use your own virus protection software.

You must not misuse Emyr by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Emyr, the server on which Emyr is stored or any server, computer or database connected to Emyr.

You must not attack Emyr 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 co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Emyr will cease immediately.

Applicable law

English law governs these terms of use, its subject matter and its formation. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Severability

If any clause or sub-clause of these Terms and Conditions is determined to be unenforceable by a competent court holding the proper jurisdiction, that clause or sub-clause will be severed and shall not affect the remainder of the agreement, including any other clauses or sub-clauses.

Contact us

To contact us, please email Emyr@data.cymru

Thanks you for using Emyr.