Purple Alert Terms and Conditions

Welcome to Purple Alert.

Purple Alert is a community minded app designed to help finding people with dementia if they’re missing.

These Terms and conditions govern your use of the Purple Alert app, its websites and its services. By agreeing to these terms and conditions you also agree to our Privacy Policy, which explains which data we gather and how we use it.

In plain English

By agreeing to these Terms and Conditions you agree to the following:

  • You will not share any Purple Alert content with third parties, prior to receiving written consent. 
  • You will not use any Purple Alert content for commercial gain. 
  • You will use the Purple Alert app and its services in a meaningful and respectful way.
  • If you don’t agree with these Terms and Conditions you should delete your account on the Purple Alert app and delete the app from your phone. 
  • You are responsible for the content and accuracy of the information and material uploaded to the Purple Alert app. 
  • By uploading such information and material, you are consenting to use them in accordance with the purpose of the Purple Alert app and services.
  • Alzheimer Scotland reserves the right to change these Terms and Conditions at any time, but we will notify you when we do so. 
  • Alzheimer Scotland reserves the right to deal with any misuse or abuse of the Purple Alert app and its services in an appropriate manner, by blacklisting your account and/or referring it to Police Scotland. 
  • Alzheimer Scotland is the owner of any Intellectual Property related to The Purple Alert app and services. All such rights are reserved.
  • Alzheimer Scotland is not responsible for third parties’ content present in the Purple Alert app and services. 
  • Purple Alert is a free service and Alzheimer Scotland cannot guarantee that the service, or any content on it, will always be available or be uninterrupted.

Purple Alert Terms and Conditions in full:

1.    Introduction

Please read these terms and conditions for use of the www.purplealert.me and www.alzscot.org/purplealert websites and the Purple Alert mobile application (together referred to as the “Service”) owned and operated by Alzheimer Scotland – Action on Dementia, registered office 160 Dundee Street Edinburgh EH11 1DQ, Scottish Charity Number SC022315 and Scottish Company Number SC149069 (“us/we/our”) carefully before using the Service. They make a legally binding contract between you and us. 

Your access to, and use of, the Service is conditional on your acceptance of, and continued compliance with, these terms and conditions. Your express acceptance of the terms and conditions is confirmed by your registration to use, and continued use of the Service, and is dated when you first register to use the Service. If you do not accept the terms and conditions or any part of them, you should not register to use the Service and/or stop using the Service and delete your account immediately.

We reserve the right to make changes to these terms and conditions from time to time which will take effect from the date of posting on the website and mobile application. Your continued use of the Service will mark your acceptance of any changes to the terms and conditions. It is your responsibility to check these terms and conditions to ensure you understand them as they apply at any time. 

These terms and conditions were last updated on 01/09/2020. 

Our Privacy Policy, which sets out the terms and information about the cookies on our website and mobile application, also applies to your use of the Service and can be viewed on purplealert.org.uk or dementiacircle.org 

2.    Copyright and Trademark in the Service 

We are the owner or the licensee of all intellectual property rights in the Service. The Service is protected by copyright laws and treaties around the world. All such rights are reserved.

You may view the images, graphics, text and scripts operating our Service (which, collectively, we call "Service Information") in a web browser for private browsing purposes only. You may not make a copy of the Service Information or any part of it for any other purpose without our prior written consent, which may be granted at our discretion (or where we do not own the copyright, we will direct you to the owner themselves for such consent). Nothing in these terms and conditions or on our website or mobile application constitutes a licence to use or copy the Service Information.

Where practicable, we acknowledge the owners of all trademarks which are referred to in our website.

3.    Acceptable Use Policy 

Whenever you complete and/or update a profile, make use of the feature that allows you to upload content to the Service, or to make contact with other users of our site, you must comply with the content standards and terms of acceptable use as set out in these terms and conditions. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties in accordance with the use and purpose of the Service.  

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any profile or posting you make on the Service if, in our opinion, it does not comply with the content standards set out in these terms and conditions. 

You must not use any part of the content on the Service for commercial purposes. 

4.    Use of the Service

The Service allows you to create a profile for yourself and for a person with dementia (“PWD”), which you can activate and make public to other users of the     Service in the event that the PWD goes missing in order to assist locating them. The     Service is intended to support the safety and well-being of people living with dementia in the community and is not intended to limit their independence.

You can post, link, store, share and otherwise make available certain information, text, photographs or other material in relation to you and the PWD. 

You are responsible for the content and accuracy of the information and material uploaded to the Service. By uploading such information and material, you are confirming and consenting to use of the information and materials in accordance with the purpose of the Service. 

Where you submit material for inclusion on the Service, you confirm that you own all of the content and information you submit, or have the necessary consent to use such information and material. For content that is covered by intellectual property rights, such as photos and videos (“IP content”), by submitting that content you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you submit for the purpose of the Service. This IP license will end if you delete your account and/or the account of the PWD. You agree that you will not submit content or take any action on the Service that infringes or violates someone else's rights or otherwise violates the law.

By submitting material to the Service, you undertake the following: 
a.    You will not submit unauthorised commercial communications (such as spam).
b.    You will not submit content which comprises viruses or other malicious code.
c.    You will not submit content that is hate speech, threatening, or pornographic; which incites violence; or which contains nudity or graphic or gratuitous violence, other than as may be appropriate within the bounds of artistic freedom and which is directly relevant to the purpose of the website.
d.    You will not submit anything unlawful, misleading, malicious, or discriminatory.
e.    You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service, such as a denial of service attack or interference with page rendering or other website functionality.
f.    You will not facilitate or encourage any violations of these terms and conditions.

We reserve the right to review the content you upload and the profiles you create to ensure compliance with these terms and conditions at any time. 

Whether as a result of our own review or from a report or complaint from another user or third party, we reserve the right at our absolute discretion to remove any content or information you submit to the Service, and/or delete your account and any profiles you have created, if we believe that it violates these terms and conditions or our policies. 

5.    Accuracy of the content and user profiles of the Service 

The content on the Service is provided "as is" and we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up-to-date. We will not be liable for any action taken (or not taken) in reliance upon the content and such action is taken entirely at your own risk. 

It is a feature of the Service that much of its content, information and material is provided and uploaded by many different users and third parties and we do not control those parties or their information. This information and material have not been verified or approved by us.

Any opinions expressed within the content uploaded by users and third parties are those of the authors and do not necessarily represent our opinions.

In the unlikely event that you find any inaccurate information on the Service or have any complaint about information and material uploaded by other users, please contact us on [email protected] We will investigate on receipt and take such action which we, in our sole discretion, determine as being appropriate having regard to all the circumstances.

6.    Your Account Details

In order to use the Service, you must register an account. All information in relation to your account, including a username, password or any other piece of information as part of our security procedures, you must treat as confidential. You must not disclose it to any third party.
We have the right to disable your account if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at [email protected]

7.    Changes to the Service

We may update and make changes to the Service from time to time as we deem necessary. We will endeavour to give reasonable notice of any material changes via the website or mobile application. 

8.    Suspension or Withdrawal of the Service

The Service is made available free of charge.
We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
The Service is directed to people residing in Scotland. We do not represent that content available on or through our site is appropriate for use or available in other locations.

9.    Data Protection 

This clause sets out the terms on which we will process any personal data and any special category data we collect from you, or that you provide to us. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate. We shall hold and process the data, and keep it secure, in accordance with the duties and responsibilities imposed on us as a data controller under the Data Protection Act 2018 (”DPA”).

We acknowledge as the data controller that, in relation to the personal data and special category data held in accordance with use of the Service, we reasonably believe that the conditions for processing such data as contained in Schedule 9 paragraph 4 (to protect the vital interests of the data subject or of another individual) and Schedule 10 paragraphs 3 and 4 (vital interests of a person, and safeguarding of an individual at risk) are satisfied in these circumstances. Nevertheless, you specifically warrant in relation to the PWD that you have their explicit consent to the use of their data, or you are in a position to give that explicit consent on their behalf under clear authority granted by the PWD or by a relevant court having jurisdiction over the PWD. We reserve the right to demand evidence of such authority and, in the event that you fail to exhibit evidence of such authority, we may immediately disable your account and/or that of the PWD. 

Your personal data and the personal data and special category data of the PWD as defined by the DPA, will be processed in accordance with the data protection principles under the DPA.  

Your rights as a data subject under these terms and conditions shall continue so long as you have an account for the Service. In the event that you delete your account and the profile(s) of your PWD(s), we shall not retain this information and it shall be confidentiality destroyed. 

10.    Links to other websites and mobile applications (including social media)

The Service may contain links to third party websites or other services that are not owned or operated by us. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party websites or services. These links are provided for your information only, and the links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or services available on or through any such linked websites or services. 

In accordance with the above, the Service can be linked to your Facebook and/or Twitter accounts. If you choose to link the Service to your social media accounts, you do so at your own discretion and risk. 

11.    Linking to the Service website

You may link to the Service website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Service website in any website that is not owned by you.
The Service website must not be framed on any other site, nor may you create a link to any part of the Service website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]

12.    About the Internet, service interruption, viruses etc

We and all other web publishers have no control over the Internet, which is a global public network of computers, nor the method by which you access our website. As a consequence and in common with most web publishers, we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through our website.

We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 our site will cease immediately.

13.    About our liability to you 

So far as lawfully possible, we exclude all liability to you in contract or delict (negligence). We also exclude liability for any consequential or indirect loss, which may be caused to you by us.

We only provide the Service for domestic and private use. You agree not to use the Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.    About the law relating to these terms and conditions 

We are situated in Scotland and Scots law shall govern any interpretation of these terms and conditions. The Scottish Courts shall have jurisdiction in any disputes between us.

15.    Contact Us

If you have any questions about these terms and conditions or the Service, please contact us on [email protected]