Welcome to the Data Controller Console

The Data Controller Console provides organisations with the ability to join a trusted information sharing domain and to access and use a range of tools to control the flow of information. To create an account click [Next].

Terms and Conditions and Privacy Policy

1.	Acceptance
By ticking the box to indicate that you accept these terms, you are:
1.1.	agreeing to enter into a legally binding contract on behalf of the entity you have indicated in the registration form (“Organisation”);
1.2.	warranting that you have the necessary authority to enter into this contract on behalf of the Organisation, that the Organisation meets the eligibility criteria (see section 3.1 below), and that you have not knowingly given any false, incorrect or misleading information in your registration form.

2.	The Agreement
2.1.	The Portal is operated by NHS Waltham Forest Clinical Commissioning Group, of Kirkdale House, 7 Kirkdale Road, E11 1HP ("we”, "us" and “our”). Your point of contact in respect of any queries, comments, complaints or issues in respect of this Agreement or the Portal (see definitions below), is: London Digital Programme (“LDP”) at the following email: nelondon.dcc.support@nhs.net (“Contact”). From this section 2.1 of these terms of use onwards, references to “you” and “your” mean the Organisation. You acknowledge that LDP may exercise any of our rights set out in this Agreement on our behalf.
2.2.	These terms of use, together with the privacy policy (“Privacy Policy”) available at www.datacontroller.london (“Agreement”), set out the terms between us and you for the use of the data controller console web portal at www.datacontroller.london (the “Portal”).
2.3.	We may amend this Agreement at any time on one months’ prior written notice to you (including by email or a notification on the Portal). If you do not agree to such amendments, you must inform the Contact (before the date of the proposed amendment) by sending a written notice to nelondon.dcc.support@nhs.net and this Agreement will terminate immediately (and section 11.4 will apply). If you do not give such notice before the date of the proposed amendment, you will be deemed to have accepted the changes. However, we do not need to give you any notice of: any change to the Privacy Policy; or if we need to amend the Agreement as a result of a change in any applicable law or regulation; or to make any changes that do not materially affect your legal rights or obligations. We recommend that you review the terms of use and Privacy Policy available on the Portal periodically.

3.	Your application
3.1.	Once you have submitted your registration form and accepted these terms your application will be sent to and verified by the relevant appointed information governance manager / regional super user at the Organisation, which will include, without limitation, checking the following eligibility criteria (together with all other reasonable eligibility criteria that may be notified to you from time to time): that you are a recognised NHS trust or public authority, that the individual making the application is authorised to do so and is employed or engaged by you, and that the other details you have provided are correct. You agree that we may undertake searches, using the details you have provided in your registration form and otherwise as part of the application process, with third party organisations, such as NHS programmes and entities, and fraud prevention agencies, for the purposes of conducting such checks.
3.2.	Your right to use the Portal will not begin until you receive an email notification from the Portal that your application has been fully verified and approved and that you may access the Portal through your account (“Commencement Date”). We reserve the right to reject your application at any time and for any reason before the Commencement Date.
3.3.	Only your employees, agents or contractors who have been expressly approved by us through the process set out above (“authorised users”) may access and use the Portal. You agree that, even after the Commencement Date, we may carry out (using your registration information and all other information you provide to us) all such checks, verifications and assessments as we deem necessary from time to time during the term of this Agreement to assess your (and your authorised users’) suitability for access to the Portal or certain parts of or content on it.
3.4.	The checks and verification procedures set out in this section 3 shall not affect our other rights, or your (or your users’) obligations, under the Agreement (including without limitation your obligations to provide complete and accurate information in your registration form, and to keep such information updated, in accordance with sections 1.2 above and 5.1.14 below).

4.	Right to use the Portal and its contents
4.1.	The Portal is a repository and workflow management tool for NHS organisations, other public bodies, and healthcare providers to upload, share, sign up to and manage documents and agreements between themselves. The following definitions apply in this Agreement:
•	“your content”: the content which you or your users upload, input, or store, on the Portal;
•	“third party content”: the content uploaded, inputted, or stored on the Portal by a third party, including (without limitation) the agreements uploaded to the Portal (“portal contracts”); and
•	“Portal IP”: the Portal (excluding your content and third party content, but including any content that we or the London Digital Programme upload or input into the Portal).
4.2.	From the Commencement Date, until termination of this Agreement, we grant you, subject to the terms of this Agreement, a non-exclusive, non-transferable right, for your internal use only, to access the Portal and use it and the Portal IP and third party content during the term of this Agreement only to the extent permitted in the user guide available at www.datacontroller.london (as amended from time to time) (“User Guide”).
4.3.	You may not (except to the extent permitted by law or provided in this Agreement or the User Guide):
•	copy, sell, print, transfer, sub-license, distribute, reproduce, modify, alter or create derivative works from the Portal IP, third party content, or any part of them;
•	make any part of the Portal or third party content available to any third party; or
•	remove or alter any proprietary notices from or embedded within the Portal, or any part of it, or the third party content.
4.4.	You acknowledge that we are not responsible for your content or any third party content, and we have no control over and are not liable for the same.
4.5.	The Portal IP is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of, or in relation to, any content of Portal (whether our Portal IP, the portal contracts, or any other third party content).
Portal contracts
4.6.	Except as set out in section 4.7, you acknowledge that we are not responsible for fulfilling or guaranteeing any rights or obligations under the portal contracts.
4.7.	Only the parties who have executed a portal contract shall have any liability under it (in accordance with its terms). You acknowledge and agree that, when you click to accept a portal contract, you are entering into, and have the necessary authority to enter into, a legally binding contract with the counterparties to that portal contract on behalf of your Organisation under the terms of that contract.

5.	Your obligations
5.1.	You shall (and must ensure your users shall):
5.1.1.	provide us with reasonable co-operation and information that we may require in respect of this Agreement and the Portal;
5.1.2.	only allow your authorised users to access and use the Portal, and/or any part of it, and not give anyone else any right to use the Portal or any part of it (unless expressly permitted under this Agreement or the User Guide);
5.1.3.	ensure that your information technology, browser, computer programs and platform are appropriately configured in order to access the Portal and/or any part of it and comply with all systems requirements set out in the User Guide and as we may provide to you from time to time;
5.1.4.	ensure you have all necessary licences, consents and authorisations to: access and use the Portal, enter into all portal contracts that you request to sign up to and/or execute, and meet your obligations under this Agreement;
5.1.5.	not access any parts of the Portal, or any part of it, or any third party content that you are not permitted to under the User Guide;
5.1.6.	in respect of your content, ensure that:
•	you own it and have all necessary rights to use it in the Portal and under this Agreement;
•	it is  accurate, legal, and reliable, complies with any requirements or specifications set out in this Agreement and the User Guide;
•	it does not infringe any third party intellectual property or other third party rights;
•	it will not damage our reputation or that of the NHS;
•	it is not obscene, defamatory, abusive, inflammatory, or discriminatory; and
•	is of suitable quality and integrity;
5.1.7.	not to upload, input, store, or transfer any patient data or sensitive personal data on or through the Portal;
5.1.8.	not use the Portal to engage in any illegal activity;
5.1.9.	not introduce any viruses, worms, Trojans, or other harmful software or malicious code into the Portal, or affect the availability of the Portal through your (or your users’) actions;
5.1.10.	comply with all applicable laws and regulations in respect of your use of the Portal and your content;
5.1.11.	maintain adequate security measures to protect your content and any information or content you access, use, download or print through or on the Portal;
5.1.12.	promptly notify us on becoming aware of any loss, theft, misappropriation or unauthorised use of the Portal, any part of it, or of your content or third party content, or any issue or defect therein;
5.1.13.	take all reasonable steps to keep the Portal, the third party content, your content, your personal and confidential information, and your users’ log-in details and passwords safe and confidential and not disclose them to any third party (unless required to by law, and in doing so shall notify the relevant stakeholders of any such disclosure in accordance with section 8 of these terms of use). If you know or suspect that anyone other than you or your authorised users knows any of your users’ log-in details or passwords, you must promptly notify us; and
5.1.14.	ensure that all of your registration, account information and details (including details of your users and contact details, and anything which affects your ability to meet the eligibility criteria referred to in section 3.1 above) is kept up to date, and notify us promptly of any changes.
5.2.	You are responsible for all activity on your (and your users’) accounts. You accept that we are not liable for any unauthorised use of your account (or any losses, costs or damages arising from any of the same) except as a direct result of our negligence, fraud, or wilful misconduct.
5.3.	You shall indemnify and hold us harmless in relation to any costs, losses, damage or other liabilities incurred by us as a result of any breach of your obligations under sections 1, 5 and 6.

6.	Intellectual Property
6.1.	You acknowledge and agree that we and our licensors own all intellectual property rights in the Portal IP (including the trademarks, graphics and logos therein) and that third parties (or their licensors) own all of the intellectual property rights in the third party content, and, except as expressly stated in these terms of use, these terms of use do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Portal or its contents.
6.2.	You warrant that you own all of the intellectual property rights in your content and you grant us a non-exclusive, royalty-free, perpetual right to use the same in relation to the Portal and this Agreement (including a right to sublicense to NHS organisations and, to the extent required to operate the Portal in accordance with this Agreement and the User Guide, third party users of the Portal).
6.3.	We have the required rights to provide the Portal IP, but all third party content and your content is the sole responsibility of the user that has input or uploaded it.

7.	Audit and suspension
7.1.	We reserve the right to monitor your (and your users’) accounts and use of them for the purposes of compliance with this Agreement, any laws, regulations, or security requirements. We have the right to suspend or limit any user account, and/or the provision of the Portal, at any time if we suspect, in our reasonable opinion, that: you (or your users) have breached the Agreement; there has been a security breach; you, your users, any third party, or provision of the Portal has breached or may breach any applicable laws or regulations; our third party supplier suspends access to the Portal; or we are otherwise unable to provide the Portal for reasons beyond our control. Where reasonably possible, we will provide you with advance notice of such suspension (or otherwise, promptly notify you following such suspension). Any such suspension or limitation will continue until the relevant issue has been remedied to our reasonable satisfaction.

8.	Freedom of information
8.1.	You and we acknowledge that the other may be subject to the Freedom of Information Act 2000 (FOIA) and relevant codes of practice. If one of us (“Discloser”) receives a FOIA request that involves the others’ information, the Discloser agrees to notify and (where possible) consult with the other, and you and we will cooperate with all requests related to the FOIA request.

9.	Liability
9.1.	This section 9 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, contributors, consultants and subcontractors) to you and your users in respect of any breach of this Agreement, use by you (or your users) of the Portal, Portal IP, and any content therein, and any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this Agreement.
9.2.	Nothing in this Agreement excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
9.3.	You acknowledge that the Portal is being provided to you for free and that therefore we give you no warranty or assurance and all implied warranties and conditions are excluded to the maximum extent permitted by law. We do not warrant that the Portal (or any of its contents), and your use of them, will be uninterrupted, error-free, or that defects will be corrected, or that the same will be free of viruses or other harmful components. Except to the extent that the following cannot be excluded by law, we do not warrant or make any representations regarding the Portal (or any of its contents, including the Portal IP), their use, or the results of the use, in respect of their correctness, accuracy, fitness for purpose, reliability, or otherwise. We will not have any liability in respect of the loss, damage or accuracy of any of your content (and you shall ensure that you make adequate back-up copies of the same).
9.4.	We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement or in respect of the Portal.
9.5.	Our total aggregate liability to you (to the extent it is not unlimited by virtue of section 9.2, or excluded under sections 9.3 and 9.4) howsoever arising under or in relation to this Agreement or the Portal, shall not exceed £5,000.

10.	Data protection and use of your information
10.1.	We may collect and process personal information that you or your users provide as part of the registration form and application process, any other forms, or your (or your users’) use of the Portal (and we may keep an audit trail of such use).
10.2.	For information on how we use and process personal information please see our Privacy Policy. You consent (and shall procure that each of your users consents) to us using your and their information as set out in this Agreement.
10.3.	You warrant that you will comply with all applicable data protection laws in respect of any personal data you (or your users) input into the Portal, and that you are authorised to disclose such data and have obtained all necessary consents for such data to be used by you and us in accordance with this Agreement.
10.4.	We and you acknowledge that the data relating to the users passed to us for the purposes of setting up (and maintaining) an account on the Portal may contain Personal Data, and that each of you and us shall:
•	 be a Data Controller in relation to any such Personal Data Processed pursuant to this Agreement; and
•	comply with its obligations as a Data Controller under the Data Protection Legislation.
10.5.	For the purposes of this section 10: "Data Protection Legislation" means all applicable data protection and privacy laws, regulations and guidance (all as amended, updated or re-enacted from time to time) including: (i) the Privacy and Electronic Communications (EC Directive) Regulations 2003, and: (ii) prior to 25 May 2018, the Data Protection Act 1998 (and from 25 May 2018 onwards, Regulation (EU) 2016/679, or, in the event that the UK leaves the European Union, all legislation enacted in the UK in respect of the protection of personal data); together with (iii) any guides or codes of practice issued by the Information Commissioner or the European Data Protection Board from time to time. "Data Controller", “Personal Data" and “Processed” have the meanings given to them in the Data Protection Legislation.

11.	Term and Termination
11.1.	This Agreement shall continue until it is terminated in accordance with these terms of use.
11.2.	We or you may terminate this Agreement and/or close your account (or any of your users’ accounts) at any time for any reason by giving the other at least 1 months’ prior written notice.
11.3.	We may also terminate this Agreement and/or close your account (or that of any of your users) at any time on written notice if: you breach any term or terms of this Agreement; we believe you (or the relevant user)  no longer meets the eligibility criteria referred to in section 3.1 above; there is a change in the applicable laws or our underlying contracts with third parties that, in our opinion, makes the provision of the Portal impossible, unsustainable or illegal; or if we reasonably suspect that there might be a security breach or illegal activity under your account or Portal.
11.4.	On termination of this Agreement for any reason, you shall no longer have a right to use the Portal and shall immediately cease using and accessing it (and procure that your users do the same).

12.	General provisions
12.1.	If any provision (or part of a provision) of these terms of use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
12.2.	Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
12.3.	You cannot assign, sublicense, subcontract or otherwise transfer your rights or obligations under this Agreement without our written consent.
12.4.	Any and all rights of third parties to enforce or rely upon any of the provisions of this Agreement are hereby excluded to the fullest extent permitted by law.
12.5.	This Agreement sets out the whole of our agreement relating to your access to and use of the Portal (including our Portal IP), and supersedes any previous agreements, communications or understandings between us in respect of the Portal. You agree that you will have no remedy in respect of any untrue statement or representation made to you upon which you relied in entering into this Agreement and your only remedies can be for breach of contract (unless the statement was made fraudulently).
12.6.	English law governs these terms of use and the parties submit to the exclusive jurisdiction of the English courts.
12.7.	Notices: a notice in writing by us includes, without limitation, an email and the posting of the notice on the Portal. A notice in writing by you includes a notice served at the Contact’s email at nelondon.dcc.support@nhs.net or postal address in section 12.9.
12.8.	Where the Portal contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
12.9.	To contact us in respect of this Agreement, please get in touch with the London Digital Programme, at the following address: Skipton House, 5th Floor, 80 London Road, London, SE1 6LH (or by email at nelondon.dcc.support@nhs.net)

PRIVACY POLICY
1.	Introduction
This privacy policy describes how NHS Waltham Forest Clinical Commissioning Group, NHS Waltham Forest Clinical Commissioning Group, Kirkdale House, 7 Kirkdale Road, E11 1HP (which we refer to as the CCG, us, we, and our) collects and uses personal information in accordance with the Data Protection Act 1998. The term ‘personal information’ includes any personal data as defined in the Data Protection Act 1998 (for example, any data which can identify a living individual, which would include your name, postal address and email address).
Please read this policy carefully and contact us if you have any queries. Your point of contact in respect of any queries, comments, complaints or issues in respect of this privacy policy is: the London Digital Programme) by email at nelondon.dcc.support@nhs.net (“Contact”).
By continuing to use the use of the Data Controller Console web portal at www.datacontroller.london (the “Portal”) you accept the content of this Privacy Policy and any other documents referred to in it.
This privacy policy may change from time to time so we recommend that you review it periodically. This version of the privacy policy was last updated on 10 February 2017.
You acknowledge that the London Digital Programme may use your data as set out in this privacy policy on our behalf.
2.	Who this privacy policy applies to
This privacy policy applies to all persons whose personal information we collect and use. This includes individuals in the categories below or who work for any the following:
•	visitors to and users of the Portal;
•	service providers; and
•	enquirers, complainants.
3.	How we use your personal information
We may collect, use and disclose your personal information in order for us to assess applications for access to the Portal (and specific content therein), and to otherwise operate the Portal and our healthcare services. This includes:
•	processing it to enable us to verify the identity and eligibility of organisations and individuals using the Portal;
•	processing it operate and improve the Portal;
•	carrying out our obligations arising from any contracts entered into between you and us;
•	creating your account;
•	maintaining our own accounts and records; and
•	carrying out reviews for NHS England and the NHS more broadly.
4.	Cookies
The Portal makes use of cookies.  A cookie is a small data file that is sent to your computer or other device from a website and is stored in your computer's hard drive when you visit that website. There are different types of cookies which are used to do different things. These include letting you navigate between different pages on a website efficiently, remembering preferences you have given and helping us to identify ways to improve your overall site experience. Others are used to provide you with advertising which is more tailored to your interests, or to measure the number of site visits and the most popular pages users visit.
Broadly, there are two different types of browser cookie, (i) session cookies, which are stored in the computer's memory during a user's browsing session and are automatically deleted from your computer when the browser is closed or the session is deemed to have ended; and (ii) persistent cookies, which are stored on the user's computer and are not deleted when the browser is closed. Persistent cookies can be used to retain user preferences for a particular website, allowing those preferences to be used in future browsing sessions.
Cookies enable us to monitor and improve use of the Portal. We use cookies to remember your choices such as whether you are logged in to your account (name and demographic), your browser settings and plug ins, and storing information about usage of our Portal. We will not sell your personal information to third parties.
The Portal uses both session (for identification of logged in user and their in-session preferences) and persistent (for application performance monitoring) cookies.  All are encrypted and contain no personal user information.
Most web browsers automatically accept cookies and your use of the Portal constitutes your consent to the Portal setting cookies on your computer of other device. It is possible to disable cookies on most web browsers.  We recommend that if you do not want the Portal to set cookies on your computer or other device you should either: not use the site and delete any cookies that may have already been placed, or change the settings in your website browser to disable cookies.  However, because cookies allow you to take advantage of some of the Portal’s essential features, we recommend you leave them turned on.
5.	Where you provide us with personal information about another person
If you give us personal information about another person, you should ensure that you are legally entitled to give us that information, for example you have their consent, such other person has read this privacy policy or you are otherwise entitled to provide us with the information in compliance with the law.
6.	Who we disclose your personal information to
We may share your personal information internally with our employees and authorised contractors. We may also disclose your personal information to selected third parties:
•	to our third party provider (and their authorised subcontractors) who provides the underlying software and hosting services;
•	to appropriate NHS bodies, programmes and organisations;
•	to verify your identity and eligibility for use of the Portal (and/or its specific content) (provided that these will be reputable verification entities);
•	if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, or in order to enforce or apply this privacy policy and any other agreements; or
•	to protect the rights, property, or safety of the CCG, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
7.	How long we keep your personal information
We take reasonable steps to ensure that the personal information we hold about you is reliable for its intended use and is as accurate and complete as is necessary to carry out the relevant purposes described in this privacy policy.
We will retain your personal information for so long as is reasonably necessary for us to fulfil the relevant purposes described in this privacy policy, unless a longer retention period is required or permitted by law.
8.	How we protect your personal information
We take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption.  However, the transmission of information via the internet is not completely secure, therefore, although we will do our best to protect your personal data, we cannot guarantee the security of any data transmitted to our site and any such transmission is at your own risk.
9.	Updating your personal information
Subject to any relevant exemptions you are entitled to see the personal information we hold about you and to amend or update any inaccuracies in your personal information.
If you would like to review or update your personal information or if you have any other queries about your personal information please contact us by writing to: the London Digital Programme at the following address: Skipton House, 5th Floor, 80 London Road, London, SE1 6LH (or by email at nelondon.dcc.support@nhs.net)

You will be presented these Terms and Conditions at the end of the registration process for you to accept.

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Terms and Conditions and Privacy Policy

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