All users

• I am (or am employed/engaged by)
  • a person involved in the commissioning, management or provision of health, care or accommodation; and/or
  • a person seeking a vacancy for the accommodation of myself or another person.
  • a person commissioned by a 3rd party public sector health or adult social care organisation solely accessing the system to obtain the appropriate API access key to process the approved information as set out in the data sharing agreement.
• I will use Capacity Tracker and the data I access through it solely for the purposes listed above.
• I confirm that the information which I provided during the registration process was accurate and I agree to immediately notify NECS of any changes to this information.
• I will check that I have been granted the correct access level and will immediately notify NECS if I become aware of any problems with accessing Capacity Tracker or if my access should be revoked or amended (e.g. should I no longer be (or be employed/engaged by) a person listed above).
• I will keep my login details private and secure and will not permit anybody else to use Capacity Tracker using my login details. If I suspect my login details have been compromised I will notify NECS and change my password as soon as possible.
• • I will take all reasonable steps to ensure I leave my workstation or mobile device secure when I am not using it by logging out of Capacity Tracker and/or engaging a password protected screen saver.

Information that I provide through Capacity Tracker

• I understand that NECS will manage user access control and permissions so that the information I provide through Capacity Tracker is only visible to such users (and to the extent) that NECS considers appropriate. I understand that I should contact NECS should I require further information regarding this.
• I warrant that any information I provide through Capacity Tracker is:
  • accurate and kept up-to-date;
  • not subject to any duty of confidentiality owed to any third party; and
  • not subject to any intellectual property right that would prevent its use by NECS or other users of Capacity Tracker or CareFind.
• I warrant that I am legally permitted to provide such information and hereby give permission to NECS to publish, share with third parties or otherwise make public such information as NECS considers appropriate. I acknowledge that the third parties with whom NECS may share such information include (but are not limited to) other users of Capacity Tracker, providers of similar systems with whom NECS shares information, and other organisations involved in the commissioning, regulatory and enforcement activities or provision of health, care or accommodation.

(Care Home users) Information that I provide through Capacity Tracker – that is used in CareFind

• Any content you upload to our site to be used on CareFind will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties.
• We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
• We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy, stored in the Capacity Tracker resource centre and on CareFind.

We will suspend your access if you frequently upload illegal content

• If you frequently upload material that is clearly illegal, we may suspend your access to our website for a reasonable period of time. We will warn you in advance if we plan to suspend you. When deciding whether to suspend you, we will consider:
• how many items of clearly illegal content you have uploaded within a given time frame in terms of the volume of other content uploaded by other users during that time;
• the gravity of the misuse, including the nature of the illegal content and its consequences (potential or otherwise);
• where possible to identify, your intention in posting the material.
• If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you, we will consider:
• how many items of clearly unfounded notices or complaints you submitted within a given time frame in terms of the volume of other notices or complaints submitted by other users during that time;
• the gravity of the misuse;
• where possible to identify, your intention in submitting the notices or complaints.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the access provided by the website and across different media including to promote the site or the service to expire when the user deletes the content from the site OR the location is no longer on Capacity Tracker;

We may suspend or withdraw our site

• Our site is made available free of charge.
• We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may transfer this agreement to someone else

• We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is only for users in England

• Our site is directed to people residing in England. We do not represent that content available on or through our site is appropriate for use or available in other locations.

Information added directly to Capacity Tracker

I understand that Capacity Tracker will use data from external sources to:

• Update Capacity Tracker with data from the CQC that indicates the registration status of CQC registered health providers.
• Update Capacity Tracker with data from the CQC that includes changes to NHS and Local Authority organisational structures (typically new, deleted and merged organisations).
• Update Capacity Tracker with information from other systems to make this information available to help support the Health & Social Care Sector.

Information I access through Capacity Tracker

My Use of Data

• I will not use Capacity Tracker and CareFind, or any data I access through it for any other commercial or business purpose including sharing or publishing information obtained from the Capacity Tracker and CareFind without the prior written agreement of NECS.
• I agree that when using Capacity Tracker and any data I access through it, I will at all times:
  • ensure that if I publish any of the data, I will clearly identify that the data originated from NECS and Capacity Tracker;
  • not remove any markings or symbols of origin that may be attached to data I access;
  • not adapt, combine, edit or otherwise alter the data in any way (whether in conjunction with other material or not) that distorts or misrepresents the original accuracy or meaning, without the prior written consent of NECS; and
  • not falsely or inaccurately attribute to NECS or Capacity Tracker and CareFind any material or data that are not an accurate representation of material and data produced by Capacity Tracker and provided by NECS.

Information rights and responsibilities

• I acknowledge and understand that:
  • the data within Capacity Tracker is created and maintained by users of Capacity Tracker and other third parties who share data with NECS, and both they and NECS have rights regarding that data;
  • my rights to use Capacity Tracker and any data from it, including CareFind are limited as set out in these terms of use (or as otherwise agreed by NECS) and may be revoked by NECS if I break any of these terms of use;
  • NECS is neither responsible for, nor makes any representations, warranties or guarantees, whether express or implied, that such data is accurate, complete or up to date in Capacity Tracker or CareFind; and
  • NECS does not recommend or endorse any provider or vacancy as suitable for any particular person, purpose or situation in Capacity Tracker or CareFind.
• I remain fully responsible for ensuring that any provider and/or vacancy that I identify through Capacity Tracker or CareFind is suitable for the person, purpose or situation for which I am seeking a vacancy. NECS accepts no responsibility for any consequences, including but not limited to any injury, loss or damage to any person, relating directly or indirectly to any action or inaction I take based upon my use of Capacity Tracker or CareFind and/or the data I access through it.

Personal data and communication preferences

Personal data

• I understand that my personal data will be collected and processed for the purpose of managing my access to and use of Capacity Tracker and CareFind and that I may be contacted by NECS for this purpose. Where I provide information which includes my contact details I understand that other users may access such information and contact me by the relevant means of communication.