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Website terms and conditions
Association of Public Service Excellence (“the Association”) Performance Networks website
Terms of Use
The following terms apply to any use of the Performance Networks Website (“the Website”). These terms will be displayed each time you enter the Website and may be amended from time to time. When amendments have been made this will be brought to your attention at the beginning of these terms.
Every time you enter the Website you will be asked to confirm your acceptance of the terms of use set out below, the terms and conditions of membership of Performance Networks set out in Section 4 of the Performance Networks Manual and any additional terms that may be located on other pages within the https://www.apse.org.uk web site. Access to the Website will not be granted if you refuse to accept these terms.
Access to the PN Website
The Association authorises Performance Networks’ Members (“Member Authorities”) to access the Website by issuing an Authority Reference and Password to each Member Authority. Member Authorities may in turn authorise their employees to access the Website by providing them with the Authority Reference and Password (“Authorised Users”). The Authority Reference and Password are confidential and disclosure to any individual or organisation outside the Member Authority will be regarded as a breach of confidentiality.
The Authority Reference and Password entitles an Authorised User to access the Performance Networks Services to which the Member Authority has subscribed.
The internet protocol (IP) address of each Authorised User accessing the Website is logged and use of the Website is monitored to ensure there is no unauthorised use. If at any time you know or suspect that the Authority Reference and Password has been disclosed to an unauthorised user you must contact the Association immediately who will disable the Authority Reference and Password and issue replacements. The Association also has the right to disable any Authority Reference and/or Password at any time if in its opinion an Authorised User has failed to comply with the provisions of these terms of use.
Access to the Website is permitted on a temporary basis and the Association reserves the right to withdraw or amend the Website without notice. The Association will not be liable if for any reason the Website is unavailable at any time for any period.
Privacy Policy
This policy (together with our Terms of Use and any other documents referred to in it) sets out the basis on which any personal data we collect from you or your employees or that you or your employees provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is the Association for Public Sector Excellence of 2nd Floor Washbrook House, Lancastrian Office Centre, Talbot Road, Old Trafford, Manchester M32 0FP.
Data Protection
The Association as data controller complies with the Data Protection Act 1998 and its relevant subordinate legislation. You can request a copy of the personal information we hold about you for which a statutory fee of £10 may be payable. You can also ask us to make any necessary changes to the personal information that we hold to ensure that it is accurate.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing on the forms we use to collect your data or by contacting us at any time at the address above.
Information we may collect from you and why
We will collect personal information from you when you or your employees respond to requests to submit personal information through our Website, when you sign up to become a Member of Performance Networks and provide us with employee contact details or when you otherwise provide us with your personal information. If you contact us, we may keep a record of that correspondence.
We will use the personal information supplied by you and your employees to keep a record of the services you have subscribed to and to deliver services you may have requested including in the case of employee contact details, for the purposes of facilitating networking and the sharing of performance data amongst members of Performance networks. Contact details will also be included in the contacts page in Performance Reports. We may also provide you with information; products or services which we feel may interest you and notify you about changes to our service.
Disclosure of your personal information
We will only supply your personal information to another person or organisation where we need to share the information to provide a product or service you have requested or in order to comply with any legal obligation.
Cookies
Our systems will issue cookies when you log on to the Website. Cookies are small amounts of information stored by your computer. They enable a website to recognise you when you return to it, store information about your preferences, and allow websites to customise their site according to your individual interests.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of a website.
Links to other sites
Our website or the Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Changes to our privacy policy
Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Intellectual Property Rights
“APSE Performance Networks” is a registered trademark. Members are not permitted to use this trademark without the prior consent of the Association. The Website is owned by the Association and all intellectual property rights including, but not limited to, trade marks (registered and unregistered) database rights, copyright and design rights in all Performance Networks materials (including but not limited to the Website, promotional literature, manuals, CDs, data collection and submission templates, spreadsheets, reports, documents, know-how and any other material generated or produced by or on behalf of the Association in relation to Performance Networks in any media including information available through the Website) ("Performance Networks Material") and data including performance indicators, performance indicator data and outputs, data sets and tables, profile data and/or related data generated or produced by or on behalf of the Association in relation to Performance Networks in any media including data available through the Website ("Performance Network Data") are owned by the Association together with all or any goodwill relating thererto. In submitting data to the Association, members agree that all rights in the data once submitted, including database rights and copyright is owned by the Association.
Licence
Subject to the restrictions set out below, the Association hereby grants each member a non-exclusive licence to use Performance Networks Materials and the Performance Network Data for the duration of membership to the extent necessary to receive the Performance Network services and to participate in Performance Networks.
Restrictions
The Licence granted to members above is subject to the following restrictions:
Members are only permitted to use Performance Networks Materials and Performance Networks Data for their own internal, non-commercial business purposes;
Performance Networks Materials and Performance Networks Data may only be used by the member, its officers and employees;
Members shall not publish, copy, reproduce, broadcast, distribute or disseminate any Performance Network Materials or Performance Networks Data externally (which includes but is not limited to newspapers, press releases, articles or websites) without the prior written consent of the Association;
Members may publish, copy, reproduce, broadcast, distribute and disseminate Performance Network Materials and Performance Networks Data internally within the member's organisation provided that the material and/or data is reproduced accurately, identifies the source of the information and contains an acknowledgement that the intellectual property rights in the material and/or data is owned by the Association;
Members are not permitted to disclose Performance Network Materials or Performance Networks Data to any
third parties which includes by way of example but is not limited to private or public sector consultants advising or acting on behalf of a member, contractors and any other non-members without the prior written consent of the Association;
Members may use and distribute Performance Networks Data within the context of internal and/or best value reviews and for reports or committee papers provided that data relating to other members is anonymised;
Members may not disclose Confidential Information (as defined below).
Confidential Information
Confidential Information means information that ought to be considered as confidential (however it is conveyed or on whatever media it is stored) and may include information whose disclosure would or would be likely to prejudice the commercial interests of any person, or which would or would be likely to prejudice trade secrets, intellectual property rights and/or the know how of the Association and/or members of Performance Networks.
For the avoidance of doubt Confidential Information includes:
Performance Network Data to the extent that it relates to members of Performance Networks other than you;
The Performance Network database;
The authority reference and PIN codes of members to the extent this would reveal the identity of any members, including you; and/or
Information disclosed by other members in Performance Network meetings which ought to be considered
confidential.
Use and disclosure of confidential information
The Association and you (together "the parties") shall keep confidential all Confidential Information relating to Performance Networks and shall use all reasonable endeavours to prevent their employees and any third parties authorised by the Association in accordance with these terms and conditions from making any disclosure to any person of any such Confidential Information unless the disclosure is permitted below.
Permitted disclosures
Either party may disclose Confidential Information where:
Any disclosure of information is reasonably required by any person engaged by the Association in the performance of the Performance Networks service;
A party can demonstrate the information is already or becomes generally available and in the public domain otherwise than as a result of a breach of these terms and conditions;
Any disclosure is required pursuant to any statutory, legal (including any order of a court of competent jurisdiction) or Parliamentary obligation placed upon the party making the disclosure or the rules of any governmental or regulatory authority having the force of law or if not having the force of law, compliance with which is in accordance with the general practice of persons subject to the governmental or regulatory authority concerned provided that the party whose confidential information is to be disclosed shall be promptly informed by the recipient of the confidential information of such requirement to release the confidential information and shall have an opportunity to make representations to the court, Parliament, governmental or regulatory authority to limit such disclosure which shall include without limitation the seeking of a protective order;
The information is already lawfully in the possession of the receiving party, prior to its disclosure by the disclosing party;
Any disclosure is required for the purpose of:
a. The examination and certification of a member's accounts;
b. Any examination pursuant to the Audit Commission Act 1998 of the economy, efficiency and effectiveness with which a member has used its resources; and/or
c. Compliance by a member with the Freedom of Information Act 2000 and/or the Environmental Information Regulations 2004.
For the avoidance of doubt, this paragraph shall not permit disclosure of Confidential Information where that information is exempt from disclosure under sections 41 and/or 43 of the Freedom of Information Act 2000 or Regulation 12(5)(e) or 12 (5)(f) of the Environmental Information Regulations 2004.
Disclaimer
The Association has taken every care in compiling information and material for this Website. However, no representation or warranty is given that the content on the Website is accurate; complete up to date or error free. The use of information obtained from the Website is at your sole discretion and risk.
Authorised User Obligations
As an Authorised User of the Website, you undertake and agree to:
Assume sole responsibility for any activities undertaken through the Website using your Authority Reference and Password;
Promptly notify the Association if your address, e-mail, telephone, employment or other details change;
Ensure that the information you supply to us is accurate and complete and that the Association is notified as soon as possible of any inaccuracies in the information you have supplied to it;
Ensure that your own computer equipment and systems are virus free and contain the most up to date virus protection software;
Virus check any attachments before they are submitted to the Association or the Website;
You agree not to:
Allow any individual who is not an Authorised User to use your Authority Reference and Password;
Breach these terms;
Attempt to access or reverse-engineer any part of the Website code;
Misuse the Website by knowingly or negligently introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or do anything likely to affect the performance of the Website or Performance Networks.
Limitation of liability
The Association excludes to the fullest extent permitted by law any and all liability for any direct, indirect or consequential loss or damage arising as a result of the access to and use, inability to use, or results of use of the Website, any web sites linked to the Website, or any material or information contained on the Website.
Security Guarantee and Protecting your Data
The Association’s secure-server software encrypts all the information you supply through the Website. The Association will employ appropriate security measures given the nature of that data. However, you recognise that your use of the Internet and the Website is entirely at your own risk. The Association has tried to create a secure and reliable Website for our users. However, the Association has no responsibility or liability for the security of data transmitted via the Internet.
English Law
These terms are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
Quality of information - how you can help
If you think there are any mistakes or out of date information on any part of the Website, please let the Association know by emailing support@apse.org.uk stating which page or pages you think need changing.
Your feedback and comments
The Association welcomes your feedback and comments about the Website. Please send your comments to spooley@apse.org.uk.
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