User Terms & Conditions for National Hiatal Surgical Registry (NHSR)

• 1.1 These terms and conditions apply to the website www.nhsr.org (“the Website”). The Website exists as a Surgeon’s Reflective Portfolio and National Quality Outcome Tool, designed for surgeons in the United Kingdom to collect information to evidence their outcomes. References in these terms and conditions to “the Website” shall be taken to include the National Hiatal Surgical Registry (NHSR).
  • 1.1.1 The information you add to this website is form the purpose of the NHSR’s functionality, the information is legally recognised and managed as a limited healthcare record specific for this function. The information stored does not form and will not form part of the patient’s healthcare record outside the NHSR. Individual patient data is not sent to/or accessible by the NHS, Private Healthcare Organisation or any other third party.
  • 1.1.2 The information provided is not a part of/or will not be used in any research activity and thus not subject to laws around ethical approval.
• 1.2 The Website requires registration and secure log on through use of secure email ID (nhs.net/secure NHS Trust email). Access is dependent upon your being registered with the GMC or equivalent regulatory body. Once you have registered with the Website, access to it is also dependent upon use of your authorised password.
• 1.3 Please read these terms and conditions entirely and carefully before accessing the Website. If you have any questions about them or do not wish to accept them, please contact our helpdesk at contact@nhsr.org. You must accept these terms and conditions before using the Website.
• 1.4 We may change these terms and conditions at any time by updating this page, in which case we will inform you by email. However, you should also check this page annually to review these terms and conditions to ensure you are happy with any changes.
• 1.5 You must not misuse the Website, including, without limitation, by hacking into it and including as explained in sections 3 and 4 of these terms and conditions.
• 1.6 The Website and its webpages are operated by Riviera Surgery LLP, a Healthcare Company registered in England and Wales. Our registered office is: Westbury Hill, Bristol, Avon, BS9 3QA. Our company registration number is OC429838. Riviera Surgery LLP is a registered Data Controller with the Information Commissioner’s Office (ICO) under registration number ZA645133. This means that we are responsible for, and control the processing of, the personal data we collect about patients and users. Details of Riviera Surgery LLP notification to the regulator for data protection, may be found in the ICO’s Public Register of Data Controllers at www.ico.org.uk. Riviera Surgery LLP is registered and data safety regulated by Care Quality Commission (CQC), (CQC CRT-9418357166), Riviera Surgery LLP is registered with NHS Digital and compliant with Data Security and Protection (NHS Digital- C9G2R).
• 1.8 IMPORTANT: Please note that you and the NHSR will be Data Controllers in common in respect of any personal data or sensitive personal data relating to any third party and submitted by you on the Website. Your obligations as Data Controllers are set out at section 11.1 of these terms and conditions. You must read these carefully and contact us using the details in section 2 if you are unsure about these obligations. You may also need to notify with the Information Commissioner as a Data Controller and please see section 12.7 of these terms and conditions for further information on this. In these terms and conditions, any reference to the terms “Data Controller”, “Data Processor”, “Personal Data” and “Sensitive Personal Data” shall be to such terms as they are defined in General Data Protection Regulation (GDPR).

Information about us

• 2.1 You can contact us at contact@nhsr.org.

Security and Access

• 3.1 In order to access the Website, you must be properly authorised by us to do so. You must be granted a valid password and be authorised by us to proceed beyond these terms and conditions to log in to the restricted access area.
  • 3.2 If you have accessed the Website but are not authorised to do so, you must not proceed further and must inform us as soon as possible so that we can deal with any maintenance or security issues as soon as possible.
• 3.3 In using the Website you must:
  • 3.3.1 not input or post to the Website (except as permitted by section 12) any confidential information, third party Personal Data (especially Sensitive Personal Data) and in particular patient identifiable confidential medical data;
  • 3.3.2 not disclose any information, nor act in breach of any relevant employment contract or similar in relation to your position, and/or any related policy or policies or in breach of any other agreement;
  • 3.3.3 not disclose any ideas, materials, or works which you wish to keep confidential, or do or may wish to protect or obtain intellectual property protection for in the future.
• 3.4 You hereby grant to us a licence to use all information that you input to the Website for the purpose of anonymised outcome reporting. Outcome data will not be visible at individual surgeon level but identifiable at Trust level.

• 3.4.1 You will not be able to see other users’ outcomes and must not attempt to.3.5 You must keep your password and your secure log on details confidential and secure. You must not share them with anyone else nor allow any other person to access this part of our website using your details. They are for use solely by you, in accordance with these terms and conditions and not otherwise.3.6 You must update or otherwise change your password and/or other log on details whenever required by us.3.7 You must notify us as soon as reasonably practicable if you lose, or forget your secure password and/or other log on details.

Information you provide on this website

• 4.1 You must not post to, transmit to, or input into the Website any material:
  • 4.1.1 which is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, blasphemous, menacing or harassing;
  • 4.1.2 that is in breach of copyright, breach of confidence, breach of privacy or breach of contract or licence, or without licence or necessary authority;
  • 4.1.3 which is untrue or misleading (including providing incorrect information on operations or procedures allegedly carried out by you);
  • 4.1.4 which is unlawful or illegal, whether within the United Kingdom and/or elsewhere;
  • 4.1.5 which is technically harmful (including without limitation, computer viruses, worms, Trojan horses, logic bombs, corrupted data or other harmful or malicious software and/or data); and/or
  • 4.1.6 which amounts to Sensitive Personal Data save as permitted by section 12.
  • 4.1.7 nor hack into the website in whole or part, nor attempt to affect the website and/or its operation by any denial of service attack or similar or comparable act or omission.
• 4.2 You must not hack into the website in whole or part, nor attempt to affect the Website and/or its operation by any denial of service attack or similar or comparable act or omission.
• 4.3 We are entitled fully to co-operate with any law enforcement agency, including by identifying you and supplying your details where it reasonably appears to us to be relevant.
• 4.4 We reserve our right to shut down or suspend access to, the use of or operation of all or any of the Website facilities in whole or part, whether limited to your use of the Website or otherwise, in the event that we know of or suspect a breach of these terms and conditions.

Your use of this website and our intellectual property rights

• 5.1 We have made the Website available to you for your own non-commercial use. We may modify, withdraw or deny access to the Website at any time, including introducing charges for its use or other restricted access. In relation to substantial changes, where this relates to areas for which you are currently dependent upon the Website, we will try to give you as much reasonable notice of the proposed change(s) as practicable.
• 5.2 The Website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as articles, stories and other text.
• 5.3 You may not copy, redistribute, republish or otherwise make the materials on the Website available to anyone else for a commercial purpose without our prior consent in writing, save that you can download them to make a copy for personal use or study only and otherwise as permitted by section 5.4 below.
• 5.4 You may print or download materials from the Website for non-commercial use or copy the content to other individuals for their personal use or study provided that:
  • 5.4.1 no materials are modified in any way;
  • 5.4.2 no graphics are used separately from accompanying text;
  • 5.4.3 our copyright notices appear in all copies and you acknowledge this website as the source of the material; and
  • 5.4.4 the persons to whom you provide these materials are made aware of these restrictions.
  • 5.4.5 no patient identifiable information is visible.
• 5.5 No licence is granted to any user to make use of the Website’s name and/or logo, without our prior written consent.

Our liability to you

• 6.1 These terms and conditions do not exclude our liability (if any) to you for:
  • 6.1.1 personal injury or death resulting from our negligence;
  • 6.1.2 fraud;
  • 6.1.3 any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
• 6.2 We do not guarantee that the Website will be compatible with all or any hardware and software which you may use. The Website is designed for use with a particular level of hardware and software, details of which can be found at ‘Help’ in the Website but we do not guarantee that the use of such hardware and/or software will ensure the proper and complete operation of the Website. We do not guarantee that the Website will be available all the time or at any specific time. We reserve the right to withdraw or modify the Website at any time.
• 6.3 To the fullest extent permitted by law, we shall not be liable, including for any indirect, special or consequential loss or economic damage (such as without limitation loss of bargain, profit, data, reputation, placement, position, learning agreement, resultant losses or otherwise), and whether in contract, tort, or otherwise, arising out of the use of the Website or the reliance on any of the information displayed on it.
• 6.4 Any data entered on to the website is controlled and its security is the responsibility of Riviera Surgery LLP. Access to the data, data loss, security breach is the responsibility of Riviera LLP and is accountable to the Information Commissioners Office under GDPR law and the CQC.
• 6.5 NHSR has responsibility to report itself to the ICO for data loss/breech or unauthorised access and inform users and/or patients of such events.

Information we provide on this website

• 7.1 The information contained on the Website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the Website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. We make no representation, nor make any warranty, about the accuracy or effectiveness of any information displayed or depicted. Users of the Website must make their own assessment of the potential effectiveness of any such information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Website. Our liability to you as explained above remains unaffected by this.

Linking

• 8.1 We may link to other websites which are not within our control. When we do this, we will try and make it as clear as possible that you are leaving the Website. We are not responsible for these websites in any way, and do not necessarily endorse them. It is your responsibility to check the terms and conditions and privacy policy on any other website you visit.
• 8.2 You may not link to the Website from another website without our prior consent in writing.

Contracting online

• 9.1 Nothing on the Website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between us in relation to your use of the Website.
• 9.2 If you make a contract with a third party who is named or referred to on the Website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.

Governing Law and Jurisdiction

• 10.1 The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England/Scotland and Wales.
• 10.2 The English/Scottish and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the Website.

Privacy

• 11.1 This section of our terms and conditions sets out how we use and protect any personal information that you give us when you use this part of the Website. We are the Data Controllers for the Website and to the extent that you have control over any data that you post or input on the Website you are also acting as a Data Controller. In doing so you herby agree to comply with all of the provisions of the General Data Protection Regulation (GDPR) in respect of your use of any Personal Data or Sensitive Personal Data. You shall in particular only process such data in accordance with these terms and conditions and where necessary must obtain explicit consent from the patient to the use of Sensitive Personal Data.
• 11.2 We use cookies on this Website to record page visits, perform statistical analysis on user activity and enhance the user experience. These cookies hold no personal information about you and are not used by us to track you as an individual.
• 11.3 We use the information you supply to provide you with a better service, and in particular for the following reasons:
  • 11.3.1 to facilitate internal record keeping;
  • 11.3.2 to improve our services;
  • 11.3.3 to ensure NHSR entries are legally compliant and in accordance with other relevant rules and conditions;
  • 11.3.4 to deal with your queries;
  • 11.3.5 to otherwise respond to your communication to us;
  • 11.3.6 to appoint and /or allow processing by Data Processors on our behalf;
  • 11.3.7 to facilitate statistical or other analysis (having removed Personal Data) for the benefit of surgery, subject to the prior consent of the data group pursuant to section 11.12;
  • 11.3.8 to improve our administration and/or efficiency, including by reducing costs, in relation to the organisation (or any part of it);
  • 11.3.9 by or on behalf of us to carry out statistical or other analysis in order to better report outcomes of hiatal surgery.
  • 11.3.10 otherwise as may be reasonable in our legitimate interests.
• 11.4 Depending upon the details you supply and your request, we may contact you by e-mail, however, in most cases, we will only do so regarding matters which we believe to be relevant to the NHSR.
• 11.5 You can change your mind at any time about being registered with the Website by contacting our helpdesk via contact@nhsr.org
• 11.6 We may use third parties to process information in providing services to us (or any of them) to operate the Website.
• 11.7 In relation to the Website, we will not otherwise transfer, disclose, sell, distribute or lease your personal information to third parties, or to any party or parties taking over responsibility from us, or any development of or successor to it unless we have your permission or are required by law.
• 11.8 You are entitled to receive a copy of the information we hold. Please contact us at contact@nhsr.org for further details or to make a request.
• 11.9 If you think any information we have about you is incorrect or incomplete, please contact us as soon as possible. We will correct or update any information as soon as possible.
• 11.10 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Interactive areas of the Website are secured by the use of suitable technical means, such as secured layer software.
• 11.11 We may link to other websites which are not within our control. Once you have left our Website, we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy statement applicable to the website in question.
• 11.12 We will follow the Information Commissioners Office www.ico.org.uk with regards to the use of Personal Data and/or proposed changes to that use or new types of processing proposed in order to safeguard the rights, freedoms and legitimate interests of affected data subjects, and that the use of such data is lawful and in the best interests of surgeons and/or surgery in the United Kingdom.
• 11.13 When you register with the Website, the type of data we collect from you is updated from time to time.
• 11.14 We will use anonymised data on a statistical basis to report outcomes of hiatal surgery.
• 11.15 Material and comments transmitted or posted by you to or through the Website can be linked to you.

Electronic NHSR

• 12.1 You must comply with requirements in completing and dealing with your NHSR account e.g. in relation to the use of patient identifiable information. In particular, you must not input “Sensitive Personal Data” without explicit, informed and voluntary consent of the individual to which the data relates (see NHSR website for patient information/consent documents). If you are unsure as to whether such consent has been properly given, you must contact your supervisor or line manager, or the Data Protection Compliance Officer in your NHS Trust or Healthcare Organisation (see section 11.5 for details).
• 12.2 As a general guide, you will not be able and must not try to not input patient identifiable information such as name and/or address, and any patient identifiable information will be limited as much as possible. It is permitted to input the relevant hospital/NHS Trust, patient NHS/CHI number.
• 12.3 Special care must be used when inputting data in any free fields including for “other information” accordingly.
• 12.4 The NHSR contains a record of pre-operative assessment/surgical operations completed and outcomes, with details of each operation and other outcome details for the purpose of reflective practice only.
• 12.5 On the basis that the NHSR record is not more widely accessible, it does not constitute a part of your patient’s healthcare record, the data is not sent to or accessible by any healthcare provider including the NHS.
• 12.6 You can only use the Website as reasonably necessary, and not for further or other reasons, in accordance with these terms and conditions and the applicable relevant rules of your hospital from time to time.
• 12.7 If you choose to download data from the NHSR and store digitally or in paper format for use in any capacity, that data would be you as the User responsibility to keep safe. You will need to register with the Information Commissioner, in order to comply with GDPR law, failure to comply may constitute a criminal offence.
• 12.8 Your use of NHSR through the Website, at any time after reading or passing through these terms and conditions through the Website, is deemed to be consent for us to obtain and transfer information to a new electronic record system, for use in accordance with these terms and conditions.

Availability

• 13.1 We will try to ensure that subject to required scheduled and published unscheduled maintenance and repairs, the Website is available as much as possible during 24 hours a day, 7 days a week, 365 days per year, whilst required.
• 13.2 Availability and operation is however dependent upon the availability of the internet.
• 13.3 Access and/or functions may be suspended or unavailable temporarily without notice due to unscheduled maintenance or repair or for reasons beyond our control and for which we shall have no liability.