All users

• I am (or am employed/engaged by)
  • a person involved in the commissioning, management or provision of health, care or accommodation.
  • a person seeking a vacancy for the accommodation of myself or another person.
• 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 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.
• 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 vacancy information, and other organisations involved in the commissioning, management or provision of health, care or accommodation.

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 or any data I access through it for any other commercial or business purpose including sharing or publishing information obtained from the Capacity Tracker 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 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 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; and
  • NECS does not recommend or endorse any provider or vacancy as suitable for any particular person, purpose or situation.
• I remain fully responsible for ensuring that any provider and/or vacancy that I identify through Capacity Tracker 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 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 that I may be contacted by NECS for this purpose. Where I provide or update vacancy information which includes my contact details I understand that other users may access such information and contact me by the relevant means of communication. I have read the Fair Processing Notice and understand that my personal data will be used accordingly.