Terms & conditions

These terms and conditions tell you how the Healthwatch Staffordshire website is managed and how you are protected when you are using our site. If you do not agree with these terms, you should leave the site immediately.

Using our site

This Healthwatch Stoke-on-Trent website is maintained for your personal use and viewing. Access and use by you of this site constitutes acceptance by you of our Terms and Conditions, which take effect from the date of first use.

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use you should leave the site immediately.

  • Terms for access to and use of the Healthwatch Stoke on Trent feedback facility under which you can review or comment on individual Health and Social Care services, such as GPs or hospitals, or comment on articles, are set out in the ‘Editorial Control’ and ‘Online Conduct’ sections below. If you agree to be legally bound by those terms you may use the feedback facility. If you do not agree to be legally bound by those terms please do not use the facility to post messages.
  • The ‘Leave review’ feature available on Healthwatch Stoke on Trent allows you to comment on the service you, a friend, or a family member, received. This is not a formal complaint procedure and if you wish to make a complaint please contact the provider directly or contact Healthwatch Stoke on Trent for advice. The providers are not obliged to respond to comments through our service.

RELIANCE ON INFORMATION POSTED & DISCLAIMER

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

INFORMATION ABOUT US

https://www.healthwatchstokeontrent.co.uk/ is a site operated by Healthwatch Stoke on Trent.

ACCESSING OUR SITE

Healthwatch Stoke on Trent website is maintained for your personal use and viewing. Access and use by you of this site constitutes your acceptance of our Terms and Conditions. We reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Healthwatch Stoke on Trent copyright protected material may be reproduced free of charge or copied to others in any format or medium for research, private study or for internal circulation within an organisation. This is subject to the material being reproduced accurately and not used in a misleading context. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Where any of the Healthwatch Stoke on Trent copyright material on this site is being republished or copied to others, the source of the material must be identified and the copyright status acknowledged.

Permission to reproduce the Healthwatch Stoke on Trent material does not extend to any materials on this site is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

USE OF THE HEALTHWATCH LOGO

We are licensed by Healthwatch England to use the Healthwatch logo. Healthwatch England only allows those organisations which it has licensed to use the Healthwatch logo.

The Healthwatch logo is a registered trademark and is protected under trademark law. The use of the Healthwatch logo without permission of Healthwatch England constitutes an infringement of its trademark.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and whilst we will endeavor to ensure information is up to date we are under no obligation to do so.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time;
  • and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We make every effort to check and test material at all stages of production. It is always wise for you to run an anti-virus program on all material downloaded from the internet.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you to check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Although we will endeavour to maintain links to other websites, we cannot guarantee that these links will work all the time and we have no control over the availability or reliability of linked pages.

JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact,info@HealthwatchStoke.co.uk

Amendments of Terms

2.1 We may make changes to Healthwatch Stoke on Trent, including these terms, at any time. You will be legally bound by the updated or amended terms from the first time that you use Healthwatch Stoke on Trent after we put the changes online.

Editorial Control

3.1 We reserve the right (on behalf of ourselves and any moderator which we may appoint) to edit, not put on the website, or delete any posts you submit.

Online Conduct

a. Postings should relate to your own personal experience. You should not name any individuals (other than yourself) or include information through which someone else could identify such an individual.

If you want to comment on someone else’s experience, (e.g. a relative or someone you care for) then you may do so if you ensure that you are not named in the posting and you state how the other person is connected to you (e.g. “my father”).

b. Postings should be relevant to helping people make choices about places where they can receive medical treatment. Postings should be constructive, truthful, and not abusive.

c. You should not use your feedback to make complaints about individual hospitals, GP practices or treatment centres, if you wish the matter to be dealt with under the NHS complaints procedures.

d. If you find any postings offensive or objectionable you may make a complaint to the moderator at info@HealthwatchStoke.co.uk

e. Postings made to the feedback platform on Healthwatch Stoke on Trent will not be treated as confidential due to the nature of the online platform, which is to share information and gain feedback.

  1. f. You are legally responsible for the content of any material you submit for posting on healthwatchStokeonTrent.co.uk. 

g, Any comments solicited by service providers or a related party are not permitted. Service providers should never post comments on behalf of patients, their friends or family members.

  1. Any comments solicited by service providers or a related party are not permitted. Service providers should never post comments on behalf of patients, their friends or family members.
  2. You can comment anonymously if you wish. You should respect the anonymity of other patients and staff at the service you are commenting on by not using their names.
  3. Whether you are speaking for yourself, a friend, or a family member, do not name the individuals you are talking about. If you are making a comment on another person’s behalf, it is best instead to talk of ”my husband” “my uncle” and so on to protect their privacy.
  4. To protect your privacy any information you contribute that reveals personal information, such as names, phone numbers, email addresses, Twitter handles, addresses, and so on will be removed.
  5. Where there are postings that are part of a current, formal complaints procedure we will consider the impact of publishing them on the site.
  6. If we are concerned that the author of a posting may be vulnerable, we will take appropriate action to protect that person. This may include signposting the person to an appropriate organisation for support, not publishing the postings or, in the most serious cases, we may contact the appropriate authority.

Governing law and jurisdiction

4.1 This Agreement will be governed by the laws of England & Wales and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing the choice of laws.

Legal issues

Current court cases and court injunctions

5.1 Contempt of court rules means you cannot make comments that could prejudice the outcome of a court case or General Medical Council hearing. Comments on something that subsequently becomes the subject of a court case or hearing will also be removed if they risk being in contempt of court. Contributions that break a court injunction will be removed.

Clinical negligence or criminal activity

5.2 Specific accusations of clinical negligence in which an individual is identified will not be published. If you have an allegation of clinical negligence by a particular clinician please use the NHS complaints procedure. Accusations of specific criminal activity will not be published. If you believe that criminal activity is or has taken place at any NHS organisation please contact the police or the organisation directly.

Defamation:
5.3 Defamation is a complex area. Defamation may occur when someone makes a statement that damages a person’s reputation. The law allows you to post comments containing your honestly held opinion. Knowingly posting untrue statements is against the law. Comments deemed to contain defamatory statements will be removed.

Disclaimer:
5.4 This definition is not to be regarded as a statement of the law nor should it be relied upon to make any judgement as to whether content is potentially defamatory. It is up to you to decide whether to take specific legal advice.

Threats
5.5 Comments containing threats of public fear, terrorism or threats towards any individual are not permitted.

Your Legal Responsibility
5.6 You are legally responsible for the content of any material you submit for posting on Healthwatch Stoke on Trent. If Healthwatch Stoke on Trent suffers any loss or damage as a result of your contributions, whether this loss arises as a result of us being subject to legal action or otherwise, you agree to indemnify us for our loss or damage and legal expenses.

RELIANCE ON INFORMATION POSTED & DISCLAIMER

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from the use of this site.

 

Legal basis for processing personal data

Healthwatch Staffordshire is a statutory organisation, we exist by law. Although a charity, for the purposes of complying with the Freedom of Information Act 2000 we are classified as a public authority. We process personal data to meet the duties described under Section 221(2) of The Local Government and Public Involvement in Health Act 2007.

Healthwatch Staffordshire relies upon ‘public task’ as its legal basis for the collection and processing of data. The Information Commissioners Office describes ‘public task’ as being when “the processing is necessary for you to perform a task in the public interest or for your official functions and the task or the function has a clear basis in law.”

Healthwatch Staffordshire relies upon ‘special category data’ to process sensitive data to carry out all the processing as part of its legitimate activities with necessary safeguards. This will be obtained through explicit consent.

The following information falls under the GDPR special category data:

  • Health & Social Care needs
  • Disability
  • Racial and ethnic information
  • Religious or philosophical background
  • Treatment
  • Information associated with sexual preferences, sex life, and/or sexual orientation

Retention and disposal of personal data

The experiences and feedback including any personal information you share with us, is kept by Healthwatch Staffordshire for a maximum of three years. Thereafter, it is deleted from our systems and any other processors system unless there are valid reasons why the information should not be deleted (i.e. safeguarding case or ongoing investigation). Personal data is deleted or securely destroyed at the end of its retention period.

Personal data received from other sources

On occasion, we will receive information from the families, friends and carers of people who access health and social care services. We might also receive information from health, social care and other professionals. We use this personal data to inform providers and commissioners to help them deliver services that work for everyone.

We will only process your personal data where we have your permission, or there is another lawful basis to do so under current data protection legislation.

Publishing information

We anonymise our data to the best of our ability to ensure that you can’t be identified unless you have given permission for us to do so. However, your identifiable details are required to provide the service or meet our legal obligations in certain situations.

Sharing your data with Healthwatch England

We must share information with Healthwatch England to ensure that your views feed into our national work. Healthwatch England uses it to assess the quality of care across the country and influence service provision. By working together, we can ensure that health and social care leaders are aware of people’s experiences and can make a difference to the care people receive now and in the future.

Find out more about Healthwatch England’s purpose and what they do.

Healthwatch England will anonymise any information they use for national publications to the best of their ability.

How we share information with other organisations

We only share personal data with other organisations where it is lawful to do so in accordance with our data protection policy. We will share your information to fulfil our remit, which is to pass on your care experiences to help improve them on your behalf and people like you.

We work with Healthwatch England, the Care Quality Commission (CQC), local commissioners, NHS Improvement and our local authority to make this happen. We can also engage external suppliers to process personal information on our behalf.

We will only disclose your personal information where there is another excellent reason to make the disclosure – for example, we may disclose information to CQC or a local authority where we think it is necessary to protect a vulnerable person from abuse or harm. We’ll only make such a disclosure in accordance with the requirements of the current data protection legislation.

Wherever possible, we will ensure that any information that we share or disclose is wholly or partly anonymised so that you cannot be identified from it.

We sometimes use other organisations to process personal data on our behalf. Where we do this, those companies must follow the same rules and information security requirements as us, outlined in a Data Processing Agreement. They are not allowed to use the data for other purposes.

These can also include:

  1. Healthwatch Website – online contact form, web analytics
  2. Healthwatch Enquiries Email and Free Phone Number
  3. Social Media
  4. Online Surveys – SmartSurvey
  5. Support Staffordshire
  6. Marketing services
  7. Database
  8. Spreadsheets
  9. Relevant Partners
  10. Service Providers of Health and Social Care

Healthwatch Staffordshire has a data sharing agreement with Healthwatch Stoke On Trent. You can find their privacy policy on their website:
Privacy | Healthwatch Stokeontrent

Information we collect about people who apply to work or volunteer with us

We need to process personal data about our staff (and people applying to work for us) to meet our legal and contractual responsibilities as an employer.

The personal data that we process includes name and contact details and information about racial or ethnic origin, religion, disability, gender and sexuality. We use this information to check that we are promoting and ensuring diversity in our workforce and ensuring that we are complying with equalities legislation.

We’ll ask for your explicit consent to share this data with us. Our employees decide whether to share this monitoring data with us. They can choose to withdraw their consent for this at any time. Employees who wish to withdraw their consent for us to process this data can let us know.

Other personal data that we must process includes information on all employment-related matters, qualifications and experience, pay and performance, health and welfare, contact details and bank details. We also process data about monitoring ICT systems to ensure security, including monitoring and keeping logs of web pages visited and screening emails for phishing attacks.

We check that people who work for us are fit and suitable for their roles. This may include asking people to undertake Disclosure and Barring Service (DBS) checks, copies of documents that prove job applicants’ right to work in the UK and references.

We will ask people joining Healthwatch Staffordshire to complete a ‘declaration of interests’ form. This will identify any services with which they have close links (for example, because they have previously worked there or because a close relative runs the service) or any other issues which could cause a perceived conflict of interest. We regularly ask staff asked to update these forms.

We process information directly necessary about employment and safeguarding under our legal obligations, information which is not strictly necessary with the individual’s consent.

How long we keep your data for

We retain personal data about employees and volunteers for six years after the duration of their employment with the following exceptions:

  
Application formDuration of employment
References receivedDuration of employment
Records relating to an injury or
accident at work
12 years
Statutory maternity pay records,
calculations and certificates
Retain while employed and for seven
years after employment has ended
Redundancy details, calculation of
payments and refunds
Seven years from the date of
redundancy

If you are not successful at getting a job or volunteering with us, we will keep your data for six months after finalising recruitment.

We have a legal obligation to comply with the Freedom of Information Act 2000. This may include the requirement to disclose some information about our employees – especially those in senior or public-facing roles. We also publish some information about our staff, including the names and work contact details of people in some positions. We also publish photographs of our staff on our website.

Information we collect for other purposes

We use personal information about you for the following purposes:

  • To send you our newsletter where you have requested it;
  • Because you have agreed to be a case study for us

This may include any personal information that you choose to share with us, but we will treat this as confidential and protect it accordingly. We will ask for your consent to collect and use this data.

Signing up for our newsletter

We use a third-party supplier to provide our newsletter service. By subscribing to this service, you will agree to them handling your data. You can unsubscribe at any time by following the instructions in the newsletter or by contacting us.

The third-party supplier handles the data purely to provide this service on our behalf. This supplier follows the requirements of data protection legislation in obtaining, handling, and processing your information and will not make your data available to anyone other than Healthwatch.

We will keep your data until you tell us you no longer want to receive our newsletter.

Security

We are strongly committed to data security, and we take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption.

Our IT system is provided by a 3rd party contractor. This supplier is GDPR complaint and follows the requirements of the Data Protection Act 1998 in how they obtain, handle and process your information and will not make your data available to anyone other than Healthwatch.

Only authorised employees, volunteers and contractors under strict controls will access your personal information.

Retention and disposal of personal data

A retention and disposal schedule is available on our website which explains how long we keep different types of records and documents for, including records and documents containing personal data. Personal data is deleted or securely destroyed at the end of its retention period.

Information about people who use our website

Cookies

Cookies are small text files transferred to your computer or mobile when you visit a website or app. We use them to help us understand how people are using our services so that we can make them better.

Please be aware that some systems on our website require cookies. However, where non-essential cookies are in use, we will only use those cookies and collect the information with your permission.

Find out more about our use of Cookies:

https://healthwatchstaffordshire.co.uk/cookie-policy/

Your rights

Your right to access information about you

If you think we may hold personal data relating to you and want to see it, please email enquiries@healthwatchstaffordshire.co.uk Or write to Healthwatch, Support Staffordshire, Stafford Civic Centre, Riverside, Stafford, Staffordshire, ST16 3AQ

You have a right to receive a copy of this personal data or to ask us to forward it to a person or organisation of your choice. We will provide the personal data to you in your preferred format wherever possible. We may need to ask you to verify your identity before we proceed.

Correcting or deleting your personal data

If you know that we are holding your personal data and believe that it may be wrong, or if you want it to be deleted or for us to stop using it, you have a right to request that it can be deleted or amended. There may be some occasions when, for legal reasons, we are unable to comply fully with your request.

Please make your objection in writing to enquiries@healthwatchstaffordshire.co.uk
Or send it by post to: Support Staffordshire, Stafford Civic Centre, Riverside, Stafford, Staffordshire, ST16 3AQ

Complaints about how we look after or use your information

If you feel that we have not met our responsibilities under data protection legislation, you have a right to request an independent assessment from the Information Commissioner’s Office (ICO). You can find details on their website.