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Clinical Audit Platform terms and conditions of use

You must accept these terms and conditions to use the Clinical Audit Platform. 

Access to use the Clinical Audit Platform is granted specifically to you as a user on behalf of your organisation, subject to these Terms and Conditions. This right of access is personal to you and cannot be transferred to anyone else within your organisation or outside of it.

By using the Clinical Audit Platform, you represent that you have been authorised by your organisation to access the service as part of your duties for your organisation, and that your organisation has an appropriate legal basis or legal duty to use the Clinical Audit Platform. You represent on behalf of yourself and on behalf of your organisation that you have a lawful basis to upload the data, including personal data, that you upload to the Clinical Audit Platform.

You accept that your Clinical Audit Platform activity will be logged for auditing and monitoring purposes, and you and your organisation will assist NHS Digital in conducting an audit of your Clinical Audit Platform activity at any time to check for compliance with these terms and conditions.

You accept that your registered email address can be sent communications relating to the Clinical Audit Platform, such as essential maintenance notifications where the Clinical Audit Platform may be unavailable.

To the extent that NHS Digital processes any of your personal data in connection with the activities contemplated under these Terms and Conditions, NHS Digital will be acting as Controller. 

Learn more about our privacy policy.  

You acknowledge that no service is wholly available and error free, and that there may be interruptions to the service including for reasons of support, maintenance, and development. NHS Digital will endeavour to give users notice of any interruptions to service, but this may not always be possible.

Accidental unauthorised use or wrongful use of the Clinical Audit Platform must be reported to NHS Digital immediately. 

 

Contact: [email protected] if you have any questions relating to the use of the Clinical Audit Platform.  


You must

  • comply with law and all of the conditions that apply to your use of patient data
  • register with a professional email address that is only accessible by you.  Where this is not possible, contact [email protected] for further advice
  • notify NHS Digital promptly if you are leaving your organisation or you will no longer have responsibility for submitting data to the Clinical Audit Platform, providing the date when the above change is to take effect
  • comply with guidance or rules published by NHS Digital from time to time about use of the Clinical Audit Platform

You may

  • submit your data to the Clinical Audit Platform in accordance with prevailing guidance, requirements and practice applicable to you at the time and in accordance with any applicable instructions, guidance or procedures referred to on the Clinical Audit Platform or relating to the Clinical Audit Platform and made available by NHS Digital, including via NHS Digital’s website
  • use the data to improve data quality and make necessary updates where these are identified
  • use the data to analyse and identify local performance and areas of local quality improvement
  • you acknowledge that the data held and presented in the Clinical Audit Platform has had no analysis or cleaning applied and therefore it is as you have entered it

You must not

  • access records created by other users for any purpose other than adding, editing or viewing data about your own clinical activity.  Inappropriate access of another user’s record is a breach of these Terms and Conditions
  • reveal your password to anyone else – do not write it down – or allow anyone else to use the Clinical Audit Platform under your account.  If you think that someone may have seen your password, or you are aware of or suspect any unauthorised access to your account you must immediately contact NHS Digital ([email protected] / 0300 303 5678) and provide as much detail as you have.  You must also use the ‘Forgotten my password’ option on Sign In to reset your password without delay
  • use any tool which remembers your password (for example, you may not allow your internet browser to remember your password)
  • use the Clinical Audit Platform or data for purposes other than those agreed in these Terms and Conditions or provided for in guidance or instructions set out on the Clinical Audit Platform or relating to the Clinical Audit Platform and made available by NHS Digital, including via NHS Digital’s website 
  • use the Clinical Audit Platform or data to make a public statement or cause or allow any of the data to appear in public
  • circulate the data to any other person or allow it to be circulated to any other person, other than any other individuals in your organisation who have a legitimate and lawful basis to receive and use such data

Termination

  • we may remove your access to the Clinical Audit Platform, without cause or notice, which may result in the forfeiture and destruction of all information and data associated with your Clinical Audit Platform account
  • should NHS Digital have any concerns that you have acted in a way that has caused or is likely to cause, directly or indirectly; a breach in security, breach of any applicable law or regulation, breach of confidence, or you have committed any malicious act; your access to the Clinical Audit Platform may be removed immediately, your organisation may also be notified and other users within your organisation may have their access restricted or removed

Liability

You agree that NHS Digital’s entire liability in connection with the Clinical Audit Platform is limited to liability for: personal injury or death caused by its negligence; fraud or fraudulent misrepresentation; and any other heads of loss for which liability cannot be lawfully excluded or limited.

In particular, you agree that NHS Digital shall have no liability for any loss of, or corruption to, data.  You are responsible for determining and maintaining appropriate backups of data you submit.


Intellectual property

The Clinical Audit Platform is owned by or licensed to NHS Digital and shall remain the property of NHS Digital or its licensors. You are granted a limited, non-transferable, revocable right to use the Clinical Audit Platform within the United Kingdom provided you comply with these Terms and Conditions. 

NHS Digital shall own all intellectual property rights, of whatever nature, in all data made available on the Clinical Audit Platform to users.



Freedom of Information Act 2000

NHS Digital is subject to the Freedom of Information Act (2000) and the Freedom of Information (Scotland) Act 2002 (together the FOIA) and data on the Clinical Audit Platform may fall within the scope of an information request. 

If you receive a request for information under the FOIA which would include data obtained from the Clinical Audit Platform, you must advise us of the request and proposed response, allowing us sufficient time to provide you with our view on the disclosure.

First published 2 January 2019. 

Last edited: 2 January 2020 2:14 pm