Terms and conditions
Important: please read this page in its entirety
Headings are for convenience only
Headings of parts and sub-parts under this agreement are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of this agreement.
This license agreement creates a legally binding agreement (hereinafter, "Agreement") between you, as an end user of our information computer technology services (hereinafter, "End User"), and us, the Princess Alexandra Hospital NHS Trust: (hereinafter, the "Trust").
You will be referred to through second-person pronouns such as "your" and "yours."
We, the Trust, will be referred to with pronouns such as "us," "our," and "ours."
Collectively, you and the Trust may be referred to as the "Parties" and individually as "Party."
This Agreement governs the use of all our information computer technology, specifically:
- Information and data the Trust holds in any format.
- Networks owned and provided by the Trust.
- New and developing technologies, which may not be explicitly referred to.
- Technologies, hardware, software and peripheral equipment owned and provided by the Trust.
- Clinical applications and software not owned but provided by the Trust.
- Non-clinical applications and software.
(hereinafter, the "Information Computer Technology").
By accessing, downloading, installing, or otherwise using our Information Computer Technology, in any way, you agree to be bound by this Agreement in its entirety. If you do not agree, you must cease use of all Information Computer Technology immediately.
Modification of terms
We reserve the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, the Trust will notify you by posting a communications announcement. What constitutes a material change will be determined at the Trust’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications.
Our Information Computer Technology is licensed to you, subject to all of the terms of this Agreement, on a non-exclusive, non-transferable, limited, revocable basis. Documentation, data, and information developed by us, as well as other materials which may facilitate your use of the Information Computer Technology, are covered by this License. We do not permit the transfer of this License to any third parties without express written permission from the Trust. This License shall be applicable to all End Users of the Information Computer Technology.
You agree not to use the Information Computer Technology for any unlawful purpose or any purpose prohibited under this clause.
You agree not to use the Information Computer Technology in any way that could damage the reputation, services, or general business of the Trust.
You further agree not to engage, contribute, glamorise, condone or engage in any of the following acts:
Access or use personal, private files with criminal intent;
Access or view pornography;
Copy and distribute copyrighted material;
Copy or otherwise distribute copies of the Information Computer Technology unlawfully, such as through any peer-to-peer network, social media, or other intellectual property circumvention tool;
Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
Harass, abuse, or threaten others or otherwise violate any person's legal rights;
Intentional damage such as the deletion / modification of information or data;
Misuse information or data or carry out unauthorised use;
Misuse passwords and access level restrictions;
Participate in social media, e-mail or chat room abuses;
Perpetrate any fraud;
Publish or distribute any material that incites violence, hate, or discrimination towards any group;
Publish or distribute any obscene or defamatory material;
Reverse engineer, or attempt to reverse engineer or disassemble the Information Computer Technology or any code within or related to the Information Computer Technology or the Trust’s website;
Spread phishing scams via e-mail with criminal intent;
Undertake any malicious activity on the Trust networks;
Unlawfully gather information about others;
Upload or otherwise disseminate any computer viruses or
violate any intellectual property rights of the Trust or any third party;
Violate the security of the Information Computer Technology through any unauthorised access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
Not use or install new technologies, hardware, software and peripheral equipment without appropriate Data Protection and Privacy Impact Assessment outcome, and ICT project management office support and guidance.
Support and maintenance
Please contact our ICT Service Desk for assistance.
They can be contacted Monday to Friday by using the portal: https://servicedesk.pah.nhs.uk/. For any serious incident (Priority 1) please contact the Service Desk on Extension 2525 prior to raising a service incident on the portal.
Audits for monitoring information computer technology activity & usage
We reserve the right to monitor information technology activity and usage for the protection against improper or unauthorised use or access.
We reserve the right to undertake audits of all Information Computer Technology owned and provided by us.
We also reserve the right to undertake audits of information and data owned and provided by us.
All breaches of information technology and information governance policies will be investigated to ensure compliance with the law.
You are strictly prohibited from using the Information Computer Technology or any of the Trust's services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
You agree that the Information Computer Technology, Trust website and all services provided by us are the property of the Trust, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("IP"). You agree that the Trust owns all rights, titles and interests in the IP and that you will not use the IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Trust.
Serious incidents requiring investigation
We operate in an open and transparent way and encourage reporting of breaches to improve the management, security and confidentiality of our practices.
It is essential that all serious incidents requiring investigation which occur at the Trust are reported appropriately and handled effectively.
Staff members of the Trust have a responsibility to ensure that all incidents involving misuse of the Trust’s ICT are reported as soon as possible directly through Datix (no later than 24 hours after becoming aware of the incident). This includes incidents such as information or technology being illegitimately accessed, misused, disclosed, altered, destroyed and or stolen, resulting in impairment or loss.
If you would like to know how we use, share and look after your information then please visit www.pah.nhs.uk/privacy-notice . Our Privacy Notice explains what you can expect when we handle your personal information.
Compliance with this agreement
Failure to comply with the Trust’s policies and procedures relating to computer misuse, confidentiality and information security can be considered gross misconduct and may result in disciplinary action.
You may be personally charged under criminal or civil law, and prosecuted for breaches, which are caused by malice or negligence.
Section 170(1) of the Data Protection Act 2018 states that it is an offence for a person knowingly or recklessly:
(a) to obtain or disclose personal data without the consent of the controller
(b) to procure the disclosure of personal data to another person without the consent of the controller, or
(c) after obtaining personal data, to retain it without the consent of the person who was the controller in relation to the personal data when it was obtained
This Agreement shall be governed by and interpreted in accordance with the jurisdiction of England and Wales.