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Disclaimer & Privacy Policy

Luxury Scotland - Disclaimer & Privacy Policy

Luxury Scotland Limited / Luxury Scotland

Web Site Terms of Use

These terms and conditions are the contract between you and Connoisseurs Scotland (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
IWe are Connoisseurs Scotland a company registered in Scotland, number SC 152243. Our address is Luxury Scotland, 10a Ridgeway, Hillend, Fife KY11 9JN
Registered Office: 1 George Square, Castle Brae, Dunfermline, KY11 8QF
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms

Definitions

“Content”

means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.

"Intellectual Property"

means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.

“Our Website”

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.

“Services”

means the service provided from Our Website.

Children on Our Website

    1. Whatever the age of consent in your country, we are anxious that they should be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:
    2. In the children categories, our volunteers have checked both the entries, and, where relevant, the links.
    3. We do not knowingly collect personal information from any person under the age of 18 years.
    4. Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content.
    5. It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.
    6. Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.
    7. Filter software may also be useful to you.
    8. You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of site accessible by a link from Our Website.
    9. You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.

Intellectual Property

You agree that at all times you will:

    1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
    2. notify us of any suspected infringement of the Intellectual Property;
    3. so far as concerns our work provided or made accessible by us to you, you will not:
      1. copy, or make any change to any part of its code;
      2. use it in any way not anticipated by this agreement;
      3. give access to it to any other person than you, the licensee in this agreement;
      4. in any way provide any information about it to any other person or generally.
    4. not use the Intellectual Property except directly as intended by this agreement or in our interest.

Disclaimers and limitation of liability

    1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
    2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
    3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
    4. Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
    5. The Connoisseurs Scotland Website and Services are provided “as is”. We make no representation or warranty that Our Website will be:
      1. useful to you;
      2. of satisfactory quality;
      3. fit for a particular purpose;
      4. available or accessible, without interruption, or without error.
    6. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
    7. We accept no responsibility for third party advertisements which are posted on Our Website or through the Services;
    8. We shall not be liable to you for any loss or expense which is:
      1. indirect or consequential loss; or
      2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
    9. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) (Scotland) Act 2017 as well as to ourselves.

Miscellaneous matters

    1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    2. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    3. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

    1. The validity, construction and performance of this agreement shall be governed by the laws of Scotland and you agree that any dispute arising from it shall be litigated only in that country.

Privacy Policy

1.       Introduction
1.1    We are committed to safeguarding the privacy of our website visitors and service users.
1.2    This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.3    By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
1.4   Our website/email marketing system incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via https://www.luxuryscotland.co.uk/home/disclaimer-privacy.html.
1.5    In this policy, "we", "us" and "our" refer to Luxury Scotland’s Registered Data Controller (Graham Metcalfe). For more information about us, see Section 19.

2.       How we use your personal data
2.1    In this Section 2 we have set out:
(a)    the general categories of personal data that we may process;
(b)    [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];
(c)    the purposes for which we may process personal data; and
(d)    the legal bases of the processing.
2.2    We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
2.6    We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.
2.7    We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is the proper administration of our website and business – and our ability to respond to email enquiries made to our offices, member hotels and properties.
2.9    We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
2.10  We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include [the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.  
2.12  We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.13  We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.14  In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.15  Please do not supply any other person's personal data to us, unless we prompt you to do so.

4.       Providing your personal data to others
4.1    We may disclose your personal data to any member of our Luxury Scotland collection (this means our members and partners) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.5    We may disclose your enquiry data to one or more of our members for the purpose for fulfilling your request. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.
4.6    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

6.       Retaining and deleting personal data
6.1    This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3    We will retain your personal data as follows:
(a)    Your name, and personal contact details will be retained for a minimum period of 1 month following [the date of enquiry form submission, and for a maximum period of 18 months following the date of enquiry form submission.
6.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a)    the period of retention of Your name, and personal contact details will be determined based on the length of time it may take to fulfil your enquiry.
6.5    Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7.       Security of personal data
7.1    We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
7.2    We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems if used.
7.4    Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.
7.5    You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.       Amendments
8.1    We may update this policy from time to time by publishing a new version on our website.
8.2    You should check this page occasionally to ensure you are happy with any changes to this policy.
8.3    We may notify you of changes to this policy by email, unless you have explicitly requested that we do not do so.

9.       Your rights
9.1    In this Section 9, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
9.2    Your principal rights under data protection law are:
(a)    the right to access;
(b)    the right to rectification;
(c)    the right to erasure;
(d)    the right to restrict processing;
(e)    the right to object to processing;
(f)    the right to data portability;
(g)    the right to complain to a supervisory authority; and
(h)    the right to withdraw consent.
9.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

9.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
9.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary:[for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
9.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
9.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
9.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
9.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
9.10  To the extent that the legal basis for our processing of your personal data is:
(a)    consent; or
(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

9.11  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
9.12  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
9.13  You may exercise any of your rights in relation to your personal data by written notice to us.

10.    Third party websites
10.1  Our website may include hyperlinks to, and details of, third party websites.
10.2  We have no control over, and are not responsible for, the privacy policies and practices of third parties.
11.    Personal data of children
11.1  Our website and services are targeted at persons over the age of 18 in the UK and EU.

12.    Updating information
12.1  Please let us know if the personal information that we hold about you needs to be corrected or updated.

19.    Our details
19.1  This website is owned and operated by Graham Metcalfe of Expressmedia on behalf of their client Luxury Scotland (Connoisseurs Scotland).
See Expressmedia’s Privacy Policy here.
19.2  Luxury Scotland (Connoisseurs Scotland) is registered in Scotland under registration number, and our registered office is at
19.3  Our principal place of business is at [address].
19.4  You can contact us:
(a)    by post, to the postal address given above;
(b)[using our website contact form;
(c)    by telephone, on the contact number published on our website from time to time; or

20.    Data protection registration
20.1  Graham Metcalfe is registered as a data controller for Luxury Scotland (Connoisseurs Scotland) with the UK Information Commissioner's Office.
20.2  Our data protection registration number is ZA147300.

21.    Representative within the European Union
21.1  Our representative within the European Union with respect to our obligations under data protection law is Graham Metcalfe and you can contact our representative by telephone on 01702 479 660.

22.    Data protection officer
22.1  Our data protection officer's contact details are: Graham Metcalfe / Expressmedia – 12 Regatta Court, 76 Undercliff Gardens, SS9 1ED, UK.

Copyright notice

The contents of this web site are protected by copyright and all our and our third party licensors rights in same are expressly reserved.

You may view the site and download any part(s) of it to a personal computer for personal viewing for private purposes but you are not permitted without the prior written permission of Luxury Scotland Limited in each case:-

(a) to use or store it (or any part of it) for any other purpose;

(b) to print out copies except for your own personal viewing for private purposes; or

(c) to reproduce, copy or transmit it (or any part of it) in any other way for any purpose or in any other medium.

You are not entitled to alter the content in any way.

Luxury Scotland LUXURY SCOTLAND is a registered trade mark of Connoisseurs Scotland Limited and the Roundel is a trade mark of Connoisseurs Scotland Limited.
Luxury Scotland
T: +44(0)1786 821 860
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