Acceptable Use - Terms and Conditions

Privacy Policy

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Internet Access

INTRODUCTION

1.    These are the standard Terms and Conditions for the Electronic Staff Record ("ESR") Strategic Data Warehouse ("Data Warehouse") provided by the Department of Health and Social Care ("DHSC"), ("Terms"). 
2.    The Terms set out the basis on which you are permitted to access the Data Warehouse and use the data contained therein. 
3.    These Terms do not affect the terms and conditions applying to the ESR itself, including the ESR Privacy Policy which will take precedence over these Terms in the event of a conflict.
4.    You agree to be bound by these Terms when using the Data Warehouse. Your continued use of the Data Warehouse constitutes acceptance of the Terms. 
5.    Access to the Data Warehouse is available only to individuals who have registered and received a login ID and password from the ESR Service Desk.
6.    You agree to accept any direction given by DHSC or its partner IBM UK Ltd from time to time as concerns your use of or access to the Data Warehouse. At any time, IBM UK Ltd may act on DHSC's behalf as concerns the operation and management of the Data Warehouse.

AMENDMENTS

7.    DHSC reserves the right to amend the Terms at any time. 
8.    Upon any amendment to the Terms:
       8.1     a notice of such amendment(s); and 
       8.2    the updated version of the Terms 
shall be published on the homepage of the Data Warehouse. 
9.    You shall be bound by such amended Terms from the date they are published in accordance with clause 7 above. 
10.   You are responsible for checking the Terms periodically to ensure that you are aware of and complying with the current version.

GENERAL USE OF THE DATA WAREHOUSE

Your use of the Data Warehouse

11.    You can access the Data Warehouse by logging on using the ID and password issued by the ESR Service Desk. 
12.    DHSC reserves the right to notify you from time to time of changes in the security information it may require from you in order to grant access to the Data Warehouse. 
13.    You must use the Data Warehouse in a positive and responsible way and respect the rights and position of others. 
14.     You are permitted to use the Data Warehouse for the sole purpose of analysing data extracted from the ESR in accordance with your official duties, which may include:
         14.1     workforce planning; 
         14.2     NHS policy development; 
         14.3     equality and diversity monitoring;
         14.4     preventing, detecting and investigating fraud; and/or
         14.5     producing official statistics. 
15.    You are not permitted to use the Data Warehouse and/or the data contained therein for any other purpose.
16.    DHSC reserves the sole right to determine whether your intended purpose for the Data Warehouse and the data contained therein is permitted. DHSC shall enforce its rights where it discovers you are not using the Data Warehouse and the data contained therein in accordance with the Terms. 
17.    Under no circumstances shall you use the Data Warehouse to reveal personal data (as defined in the UK GDPR) or to access the details of known individuals, either by means of directly identifying fields or a combination of fields which become personal data when used in conjunction. For the avoidance of doubt, you shall not transfer any personal data which you have accessed in accordance with these Terms to any party who is not entitled to access the Data Warehouse. 
18.    You must not use the Data Warehouse in any otherwise inappropriate, illegal, unlawful way or in breach of any regulations, guidelines or codes of practice.
19.    You agree to use the Data Warehouse in a way which complies with all applicable laws and does not infringe the rights (including intellectual property rights) of, or restrict or inhibit the use and enjoyment of, the Data Warehouse by anyone else.
20.    DHSC is not responsible for:
         20.1    the accuracy, quality, integrity of any data on the Data Warehouse (this is the responsibility of the employing organisation); or
         20.2    any loss or damage that may come from your use of the Data Warehouse.
21.    You agree to release DHSC from any claims or disputes that may come from using the Data Warehouse.

Security

22.    You must not under any circumstance seek to undermine the security of the Data Warehouse or the data contained therein. In particular, but without limitation, you must not:
         22.1    seek to access, alter or delete any information to which you do not have authorised access;
         22.2    seek to overload the Data Warehouse by spamming or flooding;
         22.3    take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Data Warehouse; and/or
         22.4    attempt to decipher, disassemble or modify any of the software, coding or information contained in the Data Warehouse.

23.    All pseudonymised personal data downloaded from the Data Warehouse must be stored in a restricted folder accessible only to those granted access to the Data Warehouse.
24.    You must take all reasonable precautions to keep safe and prevent fraudulent use of your ESR security details, including your user ID, password and any PINs or other security information the ESR Service Desk may issue to you in the future.
25.    You must report any loss or suspected sharing of your ESR security details to the ESR Service Desk as soon as possible. 

DHSC's rights

26.    DHSC shall be entitled at any time, without prior notice and without incurring any liability, to:
        26.1    alter the design or presentation of the Data Warehouse; and/or
        26.2     suspend or terminate your access to the Data Warehouse with immediate effect.
27.    You shall delete all data downloaded from the Data Warehouse as soon as possible upon any termination of your access. You shall provide confirmation to DHSC that all such data has been deleted as soon as possible thereafter.

General

Severance

28.    If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the provisions. 

Governing law

29.    These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.

Jurisdiction

30.      You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or their subject matter or formation.

Entire agreement

31.    These Terms and the ESR Privacy Policy constitute the entire agreement between us regarding your access to the Data Warehouse and use of the data contained therein, and supersede and replace all prior or contemporaneous agreements, promises, assurances, warranties, representations and understandings written or oral, regarding such subject matter.

The NHS Electronic Staff Record Programme is delivered in partnership with IBM UK Ltd