TestProtect Protect-Scotland App: Your 01 Jan COVID-19 test result is positive. Please self-isolate. If using the ‘Protect Scotland’ app, add test code DBK9FX (expires in 24 hrs) 21m ago MESSAGES Close TEST CODE (AUTHORISATION CODE) SENT IN SECONDS IP ADDRESS (APP USER) ANONYMOUS The encrypted anonymous keys reach the app backend. IP addresses are deleted. The anonymous diagnosis keys are stored in the app backend. Open
NHS Scotland - Test and Protect

Terms & Conditions for the Protect-Scotland app

PLEASE READ THESE TERMS CAREFULLY
BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.

Introduction

These are the terms of use for the Protect Scotland app (also known as Protect-Scot and referred to in these terms as the app). The app was designed to help stop the spread of COVID-19 (alongside other public health measures) by notifying people who have been in close contact with someone who has tested positive for COVID-19. The app was developed as part of NHS Scotland’s Test and Protect service for the benefit of people residing in and those visiting Scotland.

From Friday 29th April, the Protect Scotland app will no longer alert you if you have been in close proximity with a COVID-19 positive person.

Therefore, the app will no longer allow you to be aware of any potential infection risk that you may then pose to others, such as family members or work colleagues.

The latest version of the app is available for download on Google Play and the App Store.

Using this app is entirely a matter of personal choice. There is no requirement to download or use the app. You will never be asked to prove you have the app, and you should never be asked to show the status of the app to anyone else – that is entirely up to you.

Please read these terms of use in conjunction with the Privacy notice for the app.

References to “we” and “us” in these terms are to NHS National Services Scotland which has made the Protect Scotland app available. References to “the user” and “you” refer to the person who has downloaded the app onto a device and who uses the service.

What the Protect Scotland Contact Tracing app does

The Protect Scotland app will no longer alert you if you have been in close proximity with a COVID-19 positive person.

The app now has contact tracing deactivated.

Metric Data

We are no longer capturing metrics based on usage. The number of downloads from the app stores will be recorded. This is aggregated numbers provided via the app stores and cannot be used to identify any individual app user.

Use of Protect Scotland Contact Tracing app

Who is the app intended for?

The Protect Scotland app is free to download and used by anyone who is at least 12 years of age residing in or visiting Scotland, including citizens and anyone who is temporarily staying or travelling in Scotland.

Technical requirements and functionality

Use of the app requires an Android or iPhone mobile device which supports Android 6.0 or higher (in the case of Android phones) or iOS 13.5 or later (in the case of iPhones). As the app will need to use the most current version of the phone’s operating system, users may be asked to upgrade the first time they use it. The app cannot be used on older phones, on which it is not possible to upgrade the operating system. It is not available on phones which use a different operating system, other than the Android or iOS system deployed by Google / Apple.

Your use of the app

You are permitted to use (a) the app, (b) the services you connect to via the app and the content we provide you through it (the Services) and (c) the online or electronic documentation related to the app (the Documentation) on the basis of the Apache License, Version 2.0 a copy of which can be obtained at http://www.apache.org/licenses/LICENSE-2.0 (the “OS Licence”). If there is any ambiguity between these terms and the OS Licence, the OS Licence shall take precedence.

How to provide feedback on the app

If you want to report back to us about your experience of using the app, or want to report any problems with the use of the app or the Services, please contact us by e-mailing testandprotect@nhs.scot.

Your privacy

We only use any personal information we collect through your use of the app and the Services in the ways set out in our Privacy notice. The Privacy notice confirms the terms on which your personal information is collected and used in respect of your use of the app and the Services.

app store’s terms also apply

When you download the app, or when you access or use the app or the Services, you may also be subject to the terms of use and policies of the relevant app store (Google Play Store or Apple Store) from which you download the app. Please review those terms of use and policies very carefully.

Your access to, and use of, the app and the Services will be governed by these terms of use, unless the terms of use and policies of the relevant app store say otherwise.

You must be 16 to accept these terms and to download and use the app

You must be at least 16 years of age to accept these terms and to download and use the app.

If you are aged 12-15, please ask a parent or carer to help if you have any questions or there is anything you do not understand about using the app or these terms and conditions.

We are not liable if you allow or enable a person under 12 years of age to install or use the app.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features we introduce.

If we change these terms, this will be done as part of a version change to the app. You will be prompted to update the app from the app store and, as part of that update, you will be provided with and asked to accept the updated terms.

If you do not update to a new version, you will have to discontinue use of the app and the Services. This will be your choice.

Updates to the app and changes to the Services

From time to time we may automatically update the app and change the Services settings to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the app for these reasons. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the app and the Services, and this may also compromise the security of your data or your device.

If someone else owns the phone or device you are using

If you download and install the app onto any phone or other device 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.

We are not responsible for other websites you link to

The app or the Services may contain links to other independent websites which are not provided by us, such as websites for purposes of booking a test. Such independent sites are not under our control, and we are not responsible for and have not checked or approved their content, terms & conditions or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites.

Your obligations when using the app

You must:

  • Ensure, to the extent it is reasonably possible for you to do so, that all information that you provide in the course of using the app and the Services is accurate, complete, honest and not misleading, to the best of your knowledge, information and belief;
  • Not use the app or any Services 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 Services, the app backend 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 Services;
  • Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the app or any Services;
  • Not use the app or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • Not collect or harvest any information or data from the app or any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services

Intellectual property rights

The core parts of the app (known as Covid Green) are made available under the terms of the OS Licence and we have used that licence to build this app. We have made amendments to the core app, the intellectual property rights in which belong to us.

Both the core parts of the app (Covid Green) and our amendments are licensed to you in terms of the OS Licence.

You do not own any 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.

Our responsibility to you

No implied terms. As the app, Documentation and Services are provided for free, the terms that would otherwise be implied by statute as set out in sections 34 (Satisfactory quality), 35 (Fitness for purpose), section 36 (Digital content to be as described) and section 37 (Pre-contractual information) of the Consumer Rights Act 2015 do not apply.

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.

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, or in respect of any of your legal rights as a consumer (to the extent that these cannot be excluded).

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. If you use the app, the Documentation and the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the app and the Services. The app will no longer alert you if you have been in close proximity with a COVID-19 positive person.

Withdrawal of or changes to the app or Services. The app and Services are intended to be made available for a limited period only while the COVID-19 crisis is ongoing. Without prejudice to this, we expressly reserve the right, at any time, without prior notice, to withdraw the app and the Services. We also expressly reserve the right, at any time, and without prior notice, to make changes and/or improvements to the app and Services. When we withdraw the app, the contract between us (as set out in these terms) comes to an end.

Check that the app and the Services are suitable for you. The app and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the app and the Services (as described on the app store site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the app or the Services or support for the app or the Services is delayed by an event outside our control then we will publicise this on our website. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may end your use of the app at any time.

You can end your use of the app and what happens if you do

By virtue of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers often have a statutory right to withdraw from online contracts for digital content if they change their mind within fourteen days from the day of the conclusion of the contract. This statutory right does not apply to your use of the app as you hereby consent to immediate performance of the contract between us and acknowledge that you will lose your statutory right of withdrawal from the contract once the download of the app has begun.

However, you can stop using the app at any time, and you can delete it at any time from your device. When you uninstall the app, the contract between us (as set out in these terms) comes to an end.

If you delete the app, you will not be able to access the Services, and all rights granted to you by these terms will cease. Any data held on your phone can be removed as indicated in the app instructions. Details are provided in relation to personal information processed by the app in the Privacy notice.

We may end your rights to use the app and the Services if you break these terms

We may end your rights to use the app and Services at any time if you have broken these terms in a serious way. If what you have done can be remedied we will give you a reasonable opportunity to do so.

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 your device(s) and immediately destroy all copies of the app which you have and confirm to us that you have done this
  • We may end support and linkage to the app, from the app backend, rendering the app redundant

We may transfer our rights and obligations to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under these terms.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

These terms do not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any of its provisions.

Individuals not residing in Scotland

It is our stated intent that this app should not be used by individuals not residing / present in Scotland.

If a court finds part of these terms illegal, the rest will continue in force

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.

Even if we delay in enforcing these terms, we can still enforce them later

Even if we delay in enforcing these terms, we can still enforce them 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 breaching these terms, 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.

Terms survive

Any of these terms that are intended to come into or continue in force on or after termination or expiry (which includes for the avoidance of doubt the provisions dealing with Our responsibility to you) will remain in full force and effect following termination or expiry. Termination or expiry shall not affect any rights, remedies, obligations or liabilities of you or us that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the terms which existed at or before the date of termination or expiry.

Which laws apply to these terms and where you can bring legal proceedings

These terms are governed by the law of Scotland and, as a Scottish resident, you can bring legal proceedings in respect of these terms (or anything to do with the app or the Services) in the courts in Scotland only.