Terms & Conditions

If you use this website you will be deemed to accept the terms and conditions below.

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Definitions

In these Terms and Conditions, the following definitions apply:

• Beaumond House Community Hospice is a company limited by guarantee in England & Wales (Company No 2799789) and a registered charity (in England and Wales Charity No 1025442) Beaumond House Community Hospice’s UK’s registered office is at 32 London Road, Newark, NG24 1TW. Beaumond House Community Hospice’s VAT number is 252 4408 24.

• ‘Material’ or ‘Materials’ means all of the information, data, text, graphics, links or computer code published on, contained in or available on the Website.

• 'Service’ or ‘Services’ means any information and/or services accessible through or via the Website irrespective of the Originator or provider.

• ‘Originator’ means an individual, firm, company, organisation or any other entity (other than Beaumond House Community Hospice) responsible for providing Uploaded Content (and an Originator is also a User).

• ‘Uploaded Content’ is any Material which is uploaded by any Originator third party User to any part of the Website.

• ‘User’ means an individual, firm, company, organisation or any other entity which obtains access to this Website for any purpose (including but not limited to uploading content, viewing content, placing an order for goods or services; making postings to any forums). •    ‘Website’ means any website under the ownership or control of Beaumond House Community Hospice from which a link has been created to these Terms and Conditions.

• Any headings used throughout these Terms and Conditions are for ease of reference only and shall not affect their interpretation.

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Ownership of Website and application of Terms and Conditions

Beaumond House Community Hospice is the owner of the Website. We reserve the right to amend these Terms and Conditions at any time and if we do so we will post notice of the change on the Website by updating the text of this page and you will be deemed to have accepted such changes. Certain parts of the Material and Services made available through or via the Website may have additional terms and conditions applicable to them (for instance the rules of any Website forums or any password protected parts of the Website).

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General provisions as to use of the Website

Access to the Website and use of the viewing and/or use of the Material by any User is on the basis that:

• It is for information purposes only and for personal (if an individual) or internal (if on behalf of an organisation) use only. It is not for reproduction on any other website or for commercial gain (see also 'Copyright' below) without the prior written permission of Beaumond House Community Hospice and/or the copyright owner and/or the Originator. Note this means that a User must obtain such a permission for use for any training or promotional purposes.

• It is only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party.

• The Material is used in a way which ensures no part is copied, stored in a retrieval system, or transmitted in any form or by any means (including but not limited to electronic, mechanical, printed or recorded) to any third party if to do so would contravene any  copyright, database right or any other intellectual property.

• If using the Website by providing Uploaded Content or posting to any part of the Website (including but not limited to any forum) the Originator and/or User ensures that any Uploaded Content or posting is accurate, safe, fair, up to date, not in contravention of any legislation or regulation (including but not limited to any law dealing with any aspect of discrimination, obscenity or the provocation of violence, hatred or offence) and is not otherwise wilfully calculated to offend or mislead.

• By using the Website and any forums the User acknowledges and accepts that there may be an exposure to offensive or inappropriate Material (see also 'Forums' below). If the User becomes aware of any breach of these terms and conditions and/or any forum rules, please inform Beaumond House Community Hospice immediately by contacting info@beaumodhouse.co.uk

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Forums

• Participation in any forum, now or in the future, constitutes acceptance by the User of these terms and conditions and any specific forum rules. Beaumond House Community Hospice may, without prior warning and at its sole discretion, delete or bar postings or submissions which fail to comply with these terms and conditions and/or any forum rules and/or which Beaumond House considers to be offensive or inappropriate.

• Please be aware that Beaumond House Community Hospice cannot control the actions of forum users, nor can it monitor forums continuously, and in addition to the 'Disclaimer' and 'Limitations of liability', set out below, Beaumond House Community Hospice is not liable for any use of a forum in contravention of these terms and conditions nor for any inappropriate or offensive material posted by users.

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Uploaded Content

• The Website is intended to be a platform for sharing information and resources. Not all Uploaded Content is owned by Beaumond House Community Hospice and as such its ownership (in particular any 'Copyright') remains with the Originator (or the person or entity giving permission for uploading).

• If the Originator is not the copyright owner, it is the responsibility of the Originator to obtain copyright and any other necessary clearance for use of any Uploaded Content.

• Users must not infringe any rights of the owner of Uploaded Content. If a User has any queries with regard to Uploaded Content the Originator should be contacted.

• When  providing Uploaded Content the Originator must give his/her/its identity it is a strong recommendation that both the identity of the copyright owner and the date of creation of the Uploaded Content is also given.

• Beaumond House Community Hospice will review all Uploaded Content before it is published to the Website and reserves the right to change the name and/or description of any Material and will generally do so if this helps make it easier to search and identify.

• All Uploaded Content is published in good faith. In addition to the 'Disclaimer' and 'Limitation of liability', set out below, Beaumond House Community Hospice makes no representation, express or implied, as to the accuracy or currency of Uploaded Content nor does it accept any responsibility for it. The views in Uploaded Content may not be those of Beaumond House Community Hospice. Nothing in Uploaded Content carries any recommendation or endorsement by Beaumond House Community Hospice. It is the User’s responsibility to note the date of any Uploaded Content and if this is not apparent to check directly with the Originator. Practice changes and evolves over time and it is the User’s sole responsibility to check that any Uploaded Content on which the User wishes to rely in any way is up to date.

• Beaumond House Community Hospice may refuse to publish or may delete any Uploaded Content which fails to comply with these terms and conditions and/or which Beaumond House Community Hospice considers to be offensive or inappropriate. Persistent uploading of content by any Originator which has to be rejected or deleted by Beaumond House Community Hospice under this provision will result in Beaumond House Community Hospice, at its sole discretion, barring that Originator from providing any Uploaded Content irrespective of its nature.

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Disclaimer

• The Website is intended to provide information which is general in nature only. As such, none of the Material should be considered as a substitute for specific advice being obtained by the User for specific situations. In particular Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information or other Material contained in the Website, and it is the User’s sole responsibility to satisfy itself, prior to using the information and/or Material in any way, of its suitability for the User’s purposes. With regard to Material which is Uploaded Content, the disclaimer at 5.6 of these terms and conditions also applies.

• So far as permitted by law, Beaumond House Community Hospice does not accept any liability to any person or organisation relating to the use of the Material, including but not limited to any advertising (see also 'Limitation of liability', below).

• Every precaution is taken by Beaumond House Community Hospice to ensure that the content of the Website is accurate, legally correct and ethical but Beaumond House Community Hospice cannot be held responsible for any action (or lack or omission of an action) taken by any person or organisation (wherever that person or organisation resides, operates from or is otherwise based) in respect of the Material or any part of it contained in or to which access is obtained via the Website.  

• It is acknowledged by the User that while every proportionate and appropriate step (with specific requirements as regards Uploaded Content, see generally the 'Uploaded content' section of these terms and conditions) has been taken to ensure that Material on the Website is accurate at the time it originates, it may not be completely up to date.

• See also the specific disclaimers at 'Forums' bullet two, 'Third party website' and 'Viruses and errors' of these terms and conditions, and the 'Limitation of liability' section.

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Copyright

• Copyright in the Material on the Website (that of information, data, text, graphics, links or computer codes which are published on, contained in or available in the Website) is either owned by Beaumond House Community Hospice or as disclosed by the Originator of Uploaded  Content. Use of the Material must comply with these terms and conditions (see 'General provisions as to use of the Website') unless Beaumond House Community Hospice or (where applicable) the copyright owner(s) agree(s) otherwise.  Note that all Material which takes the form, or is in the nature, of a database attracts database rights which are protected in the same way as copyright.

• The name and any logo of Beaumond House Community Hospice on the Website are trade names, service marks or trademarks of Beaumond House Community Hospice and may not be used without the prior written consent of Beaumond House Community Hospice.

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Data Protection Policy

Beaumond House Community Hospice’s Data Protection policy and confidentiality statement, which are set out here, is deemed to be included in these terms and conditions:

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1.    Introduction

Beaumond House Community Hospice recognises that its main priority under the Data Protection Act is to avoid causing harm to individuals. Information about patients, families, staff, volunteers and others must be kept securely, used fairly, and not disclosed/divulged to any person unlawfully or unnecessarily. The Act aims to ensure that the legitimate concerns of individuals about the ways in which their data may be used are considered. In addition to being open and transparent, BHCH will seek to give individuals as much choice as is possible and be reasonable over what data is held and how it is used. BHCH is the Data Controller and is registered under the Data Protection Act 1998 with the Office of the Information Commissioner. All processing of personal data will be undertaken in accordance with the data protection principles and to comply with the requirements of the Care Quality Commission, the regulatory body. Policy and Procedure Drafting and Approval Drafted with input from Finance and Facilities Board Sub-Committee and to be approved by the Board of Directors.

2.    Associated Policies, Procedures and Guidance

• Confidentiality policy

• Human resources policies and procedures

• IT and email policy

• Information Governance Policy

• Patients Access to Health Records

• Procedures for health records creation, completion, storage and disposal

3. Aims and Objectives

BHCH will comply with the principles of the Act to ensure that information is:  

• Processed fairly and lawfully and, shall not be processed unless specific conditions are met

• Obtained only for one or more of the purposes specified in the Act and shall not be processed in any manner incompatible with that purpose or those purposes

• Adequate, relevant and not excessive in relation to those purpose(s)

• Accurate and, where necessary, kept up to date

• Not kept for longer than is necessary

• Processed in accordance with the rights of data subjects under the Act

• Kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage, to personal information

• Ensure compliance with Caldicott Principles Caldicott is specific to the NHS and organisations that provide NHS services and comprises six good practice principles, to which all staff must adhere. BHCH will adhere to the six principles:

• Justify the purpose(s) of using confidential information

• Only use confidential information if it is necessary

• If it is necessary, use only the minimum amount

• Access to information should be on a strict need-to-know basis

• Everyone must understand their role and responsibility

• Everyone must comply with and understand the law

4.    Scope of the policy

All contracted and bank staff and volunteers who access information at BHCH

5.   Accountabilities and Responsibilities

Everyone is accountable for personal compliance with this policy and the Leadership Team are responsible for ensuring staff and volunteers are aware of this policy and comply with its requirements.

6.   Method

6.1 Key Risks

BHCH has identified the following potential key risks, which this policy is designed to address:

• Breach of confidentiality – information being given out inappropriately

• Insufficient clarity about the range of uses to which data will be put – leading to Data Subjects being insufficiently informed

• Data held is inaccurate or misleading

• Failure to offer choice about data use when appropriate

• Breach of security by allowing unauthorised access

• Failure to establish efficient systems – leading to personal data not being accurate or up to date

• Harm to individuals if personal data is not up to date

• Insufficient clarity about the way personal data is being used

• Failure to offer choices about use of contact details for patients, families, staff, volunteers and other individuals

• Failure to comply with legal requirements in processing, maintaining and securely storing personal data

6.2 Definitions

The Data Subject is the individual whose personal data is being processed and includes patients, families, carers, employees and volunteers (both current and past), job applicants, donors and suppliers.  

Processing means the use made of personal data including:

• Obtaining and retrieving

• Holding and storing

• Making available within or outside BHCH

• Printing, sorting, matching, comparing, destroying The Data Controller is the legal ‘person’, or organisation, that decides why and how personal data is to be processed.

The Data Controller is responsible for complying with the Data Protection Act and is registered as such with the Office of the Information Commissioner. The Data Controllers for BHCH are: The Head of Care, The H R Manager and the Fundraising and Marketing Manager.

The Data Processor – BHCH is responsible for ensuring that all persons who process data have appropriate security and are aware of their responsibilities in undertaking the work. The responsibility of what is processed and how remains with the Data Controller. The Data Protection Officer (DPO) is the name given to a person or persons within organisations who is the central point of contact for all data compliance issues.   BHCH does not need an overall DPO because we are a small organisation.  However, we do have named DPOs for specific areas of responsibility to help manage our processes effectively and ensure we are compliant with requirements.  They will also ensure that any errors in personal data are corrected.

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The named Data Protection Officers for the BHCH are:

• Clinical – Head of Clinical Services

• Non-clinical – HR Manager

• Fundraising – Fundraising and Marketing Manager

• Financial – Finance Manager

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The Data Protection Officers are responsible for:

• Ensuring relevant information on data protection is made available to the Board of Directors

• Reviewing Data Protection and related policies

• Advising other staff on Data Protection issues

• Ensuring that Data Protection is covered during induction

• Handling subject access requests for their identified area of responsibility

• Approving unusual or controversial disclosures of personal data

• Electronic security

• Reporting any breaches to the CEO and onto the Information Commissioners Office following the process set out in the BHC Near Misses, Incidents and Serious Incident Reporting Policy

The Fundraising Manager is responsible for approving data related statements on publicity materials and statements to the media generally. Each member of staff and volunteer at BHCH who handles and/or processes personal data must comply with the organisation’s operational procedures for handling personal data to ensure that good Data Protection practice is established and followed.

Confidentiality statements must be signed by all staff and volunteers however; volunteer data processors must sign the additional data protection letter. Significant breaches of this policy may result in disciplinary action.

6.3 Staff Responsibilities

The Board of Directors recognises its overall responsibility for ensuring that BHCH complies with its legal obligations. This responsibility is devolved to the Chief Executive for operational purposes and, in turn, devolved by the Chief Executive to named individuals within the policy and/or members of the leadership team. All staff are responsible for ensuring compliance with the policy.   Inappropriate access to information retained on the computerised system may result in disciplinary action being taken.

6.4 Compliance with Statutory Requirements

The application of this policy complies with the following statutory requirements:

• Data Protection Act 1998

• Access to Health Records Act 1990 (about information held about patients who are deceased)

• Caldicott Committee Report

6.5 Confidentiality

Because confidentiality applies to a much wider range of information than Data Protection, BHCH has a separate Confidentiality Policy.  All staff and volunteers sign the Hospice’s Confidentiality Statement and are, therefore, acknowledging that they are aware of their duty of care in relation to confidential information.

6.6 Data recording and storage

BHCH has various databases holding information on patients, their families and carers, supporters and employees.  Back-up files are produced daily and arrangements are in place for safe storage and retention.  There is a separate policy about records management including how long records are kept for and when they are to be disposed of. BHCH will regularly review its procedures for ensuring that records remain accurate and consistent and do not in any way contravene the principles of the Data Protection Act and ensuring:

• Databases are regularly reviewed to ensure accuracy and to facilitate the entry of accurate data

• Data on any individual will be held in as few places as necessary

• Databases will only be authorised and established by a senior manager

• Effective procedures are in place to ensure that systems and databases are updated when information changes

• Staff and volunteers who process detailed information about individuals will be updated on any changes in data protection

• Data will be immediately corrected if shown to be inaccurate Archived personal data must be stored securely in locked cabinets and not generally accessible.

6.7 Purposes for which personal Data may be held

• Personal data may be collected primarily for the purposes of:

• Patient referrals, discharges, auditing, data sets, government and other bodies

• Recruitment, promotion, training, redeployment and/or career development

• Administration and payment of wages and sick pay

• Calculation of certain benefits, including pension

• Disciplinary or performance management purposes

• Performance review

• Record of communication with employees and their representatives

• Compliance with legislation

• Provision of references to financial institutions, accessing educational development, to assist future/potential employers

• Staffing levels, succession and career planning

• Communicating with supporters of the charity, including members of the Lottery BHCH considers the following personal data falls within the categories set out above:

  • Personal details including name, address, age, status and qualifications.

  • Where specific monitoring systems are in place, ethnic origin and nationality will also be deemed as relevant

  • References and CVs

  • Emergency contact details

  • Notes on discussion between line managers and employees

  • IPRs and documents relating to grievance, discipline, promotion, demotion or termination of employment

  • Training records

  • Salary, benefits and bank/building society details

  • Sickness and absence information

  • For supporter records, details of donations are held in addition to name and address etc

Employees and applicants for employment with BHCH will be advised of the personal data which has been obtained and retained, its source and the purposes for which the personal data may be used or to whom it will be disclosed. BHCH will review the nature of the information being collected and held on an annual basis to ensure there is a sound business reason for requiring the information to be retained.

6.8 Sensitive Personal Data

• Sensitive personal data includes information relating to the following:

• Patient’s medical information, treatment, care plan, etc.

• Racial or ethnic origin

• Political opinions

• Religious or similar beliefs

• Trade Union membership

• Physical or mental health condition

• Sexual orientation

• Any offence – or alleged offence – caution, conviction, committed by the employee

6.9 Responsibility for the Processing of Personal Data

The BHCH Data Controller for BHCH is responsible for ensuring all personal data is controlled in compliance with the Data Protection Act 1998. Employees who have access to and work with personal data must comply with this Policy and Procedure and adhere to the procedures laid down by the Data Controller. Senior/line managers must ensure that these members of staff have signed the Confidentiality Statement. Failure to comply with the Policy and Procedures may result in disciplinary action up to and including summary dismissal.

6.10 Statement for written forms and web/email communications

When data is collected the following statement must be included in all written forms and web/email communications: ‘If you complete this form, BHCH will store and process your data in accordance with the requirements of its Data Protection Policy and in keeping with the Data Protection Act 1998’.

6.11 Use of Personal Data

In complying with the Data Protection Act 1998 and in the interests of privacy and confidentiality, BHCH will ensure employee confidence by using and disclosing information within the following guidelines:

• Personal data must only be used for one or more of the purposes specified within this policy

• Documents may only be used in accordance with the statement within each document stating its intended use (written or oral)

• Ensuring that identification of the individual employee is not disclosed when collecting or collating statistical information to respond to legitimate internal or external requests for data (patient analysis, surveys, data sets, etc)

• Personal data must not be disclosed, either within or outside the organisation, to any unauthorised recipient

6.12 Personal data held for Equal Opportunities Monitoring Purposes

Where personal data is obtained about patients, staff, candidates, for Equal Opportunities monitoring, all such data must be anonymised.

6.13 Procedure on Disclosures

BHCH will not allow data collected from subjects to be disclosed to third parties except in circumstances, which meet the requirements of the Data Protection Act. This will be either:

• The subject has consented to the disclosure.

• BHCH is legally obliged to disclose the data.

• There is a business requirement to disclose data that is within the remit of the Data Protection Act and is not prejudicial to the interests of the individual.

1. All employees must ensure any general disclosure is recorded on the `Table of Data' and each class of disclosure includes a clear rationale as to why this is taking place.

2. Any new disclosure to be made must be checked for suitability with the CEO. This may be referred to the Data Protection Registrar for advice.

3. Any request for data based on a legal requirement, e.g. from Police or other body, must be put in writing and be checked against the advice of the Data Protection Registrar before data is disclosed.

4. All employees and representatives have a duty to protect individual's data from accidental disclosure: * Do not give out passwords to other people, who will then have access to the data you are entitled to view. * Do not recycle reports that contain personal data. * Take due care to ensure that data is not left about on laptops or in files out of the office where they can be accessed by other people who are not BHCH employees or representatives.

5. In cases where sets of data are disclosed to non BHCH employees, for example external consultants carrying out specific reviews, employees must ensure that subjects have been informed of this use of their data, and why this is done. They must have had an opportunity to opt-out. Where sensitive data is involved, employees or representatives should not disclose data to outside agents except in cases agreed by the CEO.

6.14 Accuracy of and Access to Personal Data

The organisation will review personal data regularly to ensure that it is accurate, relevant and up to date.   All employees are reminded that they are required to notify any changes in personal data without delay, e.g. emergency contact, next of kin, change of name, address, telephone number, loss of driving licence where relevant, etc. Employees have the right to access personal data held about them under section 4 of the Data Protection Act 1998 and 2003, e.g. computer or manual records. BHCH will provide information in response to any reasonable subject access request. BHCH will ensure data is kept in an accessible form to facilitate subject access. There are, however, some limitations and exemptions to this right:

(i)    Opinions given in confidence Section 4(4A) allows for personal data containing expressions of opinion about the data subject that may be given to the data subject without the permission of the person who expressed that opinion but this does not include opinions ‘given in confidence or on the understanding that it would be treated as confidential’.   An opinion given in confidence on the understanding that it will be kept confidential must satisfy a high threshold of confidentiality. By placing the word ‘confidential’ at the top of a page will not automatically render the data confidential. The Information Commissioner will look at the data and its context and will need to be satisfied that the data would not otherwise have been given but for this understanding. Managers will not normally be able to rely on the provision as it is an expected part of their role to give opinions on staff. Conversely, a colleague who reports a matter relating to an individual in confidence to a Senior/line manager could be expected to be protected by the confidentiality provision.

(ii)     Professional legal privilege The right of access does not apply to data in relation to communications between a client and his professional legal advisers

(iii)     Protecting the source of data Data does not have to be provided where revealing the source of the information would be to discourage others providing similar information in the future and would be contrary to the public interest, e.g. ‘whistleblowing’, reporting vulnerable adult or child abuse.

(iii)     Investigation of an offence If access would or could potentially prejudice a criminal investigation, it maybe refused.

(v)     Other exemptions Include: estimates of liability in respect of a compensation claim and back-up data

6.15 Procedure on Subject Access Policy

1. Employees and representatives will make every effort to ensure that immediate action is taken when a data access is requested.

2. A standard letter (amended as appropriate) will be sent to the subject stating BHCH’s policy on subject access. This will promise to provide the required data to the best of BHCH's ability within 40 days. BHCH reserves the right to ask for a maximum payment of up to £10.

3. A search will be set up by the IT Officer to ensure that all relevant data will be collected and collated ready to present to the subject. The search will include all electronic data and ordered manual files if required. Information on data collection, storage, processing and transfer may be required.

4. The data will be offered to the subject at BHCH's premises with an employee on hand to help with any queries or interpretations. If the subject is unable to visit BHCH's premises, alternative arrangements can be negotiated.

6.16 Additional Subject Rights

The Consumer Credit Act 1974 and Data Protection Act 1998 provide certain specific rights to individuals. The BHCH Data Protection Policy recognizes these rights and will follow the requirements of the Act as required.   BHCH endeavours to ensure that all individual data is accurate. In the event of any inaccuracies being identified then steps will be taken to make appropriate corrections within a reasonable period. Additionally, if information provided to a third party is found to be inaccurate, then the third party will be contacted without delay to ensure that the inaccuracy is corrected.

6.17 GP/Medical Reports

Where a medical report is requested for a member of staff, the individual’s agreement for ‘access to medical reports’ must be obtained, in writing. BHCH will ensure that a copy of that agreement must accompany the request letter to the individual’s GP. The agreement must be very clear as to whether the member of staff requires ‘sight of the medical report prior to disclosure to the employer’. An employee has a right of access to medical data held by BHCH however, if there are grounds that the disclosure would be likely to cause serious harm to the physical or mental health of the data subject, it should not be made available. Requests for access to personal data should be addressed to the respective Data Protection Officer:   Clinical – Head of Clinical Services Non-Clinical – HR Manager Fundraising – Fundraising and Marketing Manager

6.18 Complaints and Queries

• BHCH will respond to any complaints about data as quickly and responsively as possible. Any letter we receive in relation to the Data Protection Act, that questions our policy and/or procedure will be dealt within 5 working.

• Records will be kept of all correspondence for 6 years. The DPO handling the complaint or query will ensure they notify the CEO and that they continue to inform the CEO of any correspondence and developments as they occur.

6.19 Security

This section applies to security issues relating to personal data. Access to information on the computer system is controlled by passwords and only those needing access are given the password. Staff and volunteers working on ‘confidential’ data must be very careful about information which is displayed on their computer screen and must make every effort to ensure that no unauthorised person can view the data when it is on display. Any recorded information on patients, their families, staff and volunteers, donors and suppliers will be:

• Stored in locked cabinets – access is the responsibility of the line manager concerned and keys should be stored appropriately and not left in unlocked drawers

• Protected using passwords (if kept on computers) – passwords must comply with the IT Policy

• Destroyed appropriately and confidentially if it is no longer needed – it is recommended that personal data should be destroyed by the individual processing the information. If shredding is delayed for any reason the information must be retained under lock and key until it can be safely destroyed.