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Terms and Conditions – Second Generation Surveillance System

1.1. Public Health England, an Executive Agency of the Department of Health (PHE) has developed an application to facilitate the collection and reporting of data on cases of infectious disease and antimicrobial resistance to the Second Generation Surveillance System (SGSS). 
1.2. Data stored in SGSS is in compliance with the Data Protection Act (1998).
1.3. PHE have permission to collect patient identifiable information without the explicit permission of patients is granted under Section 251 of the NHS Act 2006. This legal provision can only be used to support medical purposes that are in the interest of the patient or wider public, where it is not practicable to receive the consent of every individual and where anonymised data will not suffice.
1.4. This document establishes the Terms and Conditions of Use for PHE’s SGSS application and reporting tool. 

Conditions of Use
2.1. In this document, “We”, “our” and “us” refers to PHE , and “you”, and “your” refers to you, the subscriber to our Services. 
2.2. The use of the term “Service” shall mean the SGSS data collection tool and / or the SGSS reporting tool and any associated services provided by us. 
2.3. This document comprises a contract between us and you, the subscriber to this Service. By subscribing to and continuing to use our Services you hereby agree to comply with all of the terms detailed below in the Conditions of Use. 
2.4. These Conditions of Use apply to the Service. They may be revised at any time and without notice at our sole discretion. For the avoidance of doubt,  your use of the Service  will be considered  as your agreement to adhere to the current Conditions of Use at any given time. 
2.5. You are required to adhere to these Conditions of Use. If you breach them, we reserve  the right at our sole discretion to suspend or terminate your access to the Service at any time without notice or refund of any costs incurred, or to block access to the relevant component of the Service.
2.6. You may cancel your subscription to the Service at any time by ceasing to use the service or by giving us a one month written notice of your desire to cancel.
2.7. We reserve the right to suspend or cancel any subscription to our Services at our sole discretion.
2.8. You are required to keep the contact details that you have provided to us up to date. We may send notices or other information to you at the address you gave us. We will not pass these details to other bodies or organisations (eg government departments) except as specified elsewhere in these terms or required by any applicable law.
2.9. We will use our reasonable endeavours to maintain all our Services. You will not be eligible for any form of compensation because you cannot use the Service or because of a failure, suspension or withdrawal of all or part of the Service. We reserve the right to change the Service at any time.
2.10. To the fullest extent permitted under law but without prejudice to any liability that cannot be lawfully limited or excluded, you hereby agree that we shall not be liable for any direct,  indirect or consequential losses or any costs or expenses or damages which arise out of your acts or omissions or any breach  in relation to the Service or these Conditions of Use. 
2.11. We are not responsible for any use you make of the Service, nor for any charges that you incur with any third party. You hereby indemnify us and shall keep us indemnified against the effects of any misuse or any claims resulting from any such misuse.
2.12. You undertake to keep your user IDs, passwords and security details secure and will not disclose them to anyone else for any purpose. You will notify us if you believe security may have been compromised.
2.13. You undertake not to use the Service for any illegal purpose. 
2.14. You undertake not to seek, by any means, to give the impression that you are an administrator of the Service of any other person or organisation who is engaged in the provision of the Service unless you are appointed to such a role by us.
2.15. You undertake not to install any executable program in binary form onto our servers, neither are you authorised to access or execute any process on our systems that you have not been specifically authorised to access or execute.
2.16. Use of the system will be monitored for logon and password change history; account creation, editing and locking; assigning of user privileges and roles; record import, edit and upload; and, record processing and enrichment activities.
2.17. You  undertake not to configure any automated system to connect to our systems in such a manner as to risk causing excessive load either on the servers or our networks. 
2.18. We commit that we shall not disclose the details of any subscriber to the Service to any person or organisation for any purpose whatsoever, except as required by law, without the express written permission of the subscriber to do so.
2.19. Any decision made by us in relation to the Service and/or these Conditions of Use shall be final.
2.20. These Conditions of Use,all other legal relationships between us and any dispute arising under or in relation to the Service shall be governed by and construed in accordance with English Law, and shall be subject to the exclusive jurisdiction of the English courts.
2.21. If any part of these Conditions of Use shall be held to be invalid or unenforceable, this shall not affect the enforceability of any other provision of these Conditions of Use. 
2.22. All intellectual property rights, including, but not limited to, any Copyright for the software and/or techniques used in the provision of this Service shall vest with PHE.
2.23. Data entered into SGSS will be accessible by your local PHE Health Protection and Centre Teams to enable local public health action. 
2.24. Data entered into SGSS will be accessible for national surveillance of .infectious disease and antimicrobial resistance at PHE’s Centre for Infectious Disease Surveillance and Control.