Acceptable Use Policy for NHS Jobs

By proceeding to access this Service you agree to be legally bound by the terms of this Acceptable Use Policy.

This Acceptable Use Policy sets out the terms and conditions for use of the NHS Jobs Service ("the Service"), which forms part of an electronic recruitment service, provided or facilitated by NHS Employers and set out in this Acceptable Use Policy and the Licence (as defined below). All words and phrases used within this Policy are defined in Section 5 of this Policy.

1. General

The Service provides software to enable the delivery of recruitment services, which includes a searchable database of jobs vacancies published by NHS Organisations (as defined below) in England and Wales. These jobs may also be advertised in newspapers or journals.

This Acceptable Use Policy is construed in accordance with English Law and subject to the exclusive jurisdiction of the Courts of England and Wales. NHS Organisations who wish to make use of the Service (as defined below) are also required to contact NHS Employers and enter into and comply with the terms of the Licence and this Acceptable Use Policy forms part of the Licence.

All screens and data as defined below are subject to copyright but may be downloaded and printed out only by NHS Organisations and/or Candidates as defined below are subject to personal use only in order to provide further information about advertised vacancies or assist with the recruitment process and not for commercial gain or other exploitation. NHS Organisations, Candidates (as defined below) and other third parties may not otherwise use, copy or "screen scrape" displays or transmit or distribute any material from the Service. The copyright of the advertisement text and job pack material remains with the relevant NHS Organisation. Commercial or any other use or publication of data screens or other output from this Service is not permitted by any person. NHS Employer's decision in relation to any requests for use or publication of screens or data from the Service is final and made in the NHS Employer's absolute discretion.

NHS Employers will attempt to ensure all information presented is accurate we make no representations, warranties or guarantees about the accuracy, completeness or adequacy of the information provided on the Service or as part of the Service or contained elsewhere, in or linked to the Service or that the Service is virus free and we cannot accept liability for misuse of the Service. Additionally we cannot accept liability for any consequences related to any person's inability to use the Service and do not guarantee uninterrupted access to the Service.

2. The Candidate

A valid email address is required when a Candidate is registering with the Service or submitting an application form. Passwords should be kept in a secure environment and not shared (Any suspected breaches of security should be reported to NHS Employers immediately).

A completed application form must be submitted against a vacancy advert and made available through the Service if a candidate wishes to be considered for a position. (Only applications from Candidates who meet the requirements set out in the advertisement will normally be considered by NHS Organisations).

The information provided shall be truthful and accurate within each application form submitted.

A declaration will be provided in the application form made available as part of the Service, which when agreed to on submission of the application form, is considered valid and binding.

The information contained in a job advertisement shall not be used for the purposes of:

3. NHS Organisations

3.1. Contract
The Licence for the use of the Service shall be signed by a director of the NHS Organisation. The Senior Executive is accountable for the Service on behalf of the NHS Organisation.
The Senior Executive for an NHS Organisation shall ensure they hold the appropriate authority to act in the role of Senior Executive.
The Senior Executive is accountable for data protection, security issues and information governance associated with the delivery of recruitment services and generally accessing and using the Service.
NHS Organisations shall ensure that their Senior Executive, Account Managers, Recruitment Administrators, Recruiting Managers and Recruiting Panel Members are trained in their use of the Service and will act in accordance with the terms of this Acceptable Use Policy and the terms of any Licence with NHS Employers
3.2. Advertising
All job advertisements placed on the Service, shall relate to NHS positions in England or Wales and are accurate and legal. All advertisement placed on the Service, shall allow Candidates to apply through the online application form forming part of this Service.
NHS Organisations shall indemnify NHS Employers against any claims, liability, costs, loss, expenses or proceedings whatsoever arising out of or in connection with advertisements published or other acts or omissions of the NHS Organisation or their Secondary Access or any third party acting on the NHS Organisation's behalf.
Adverts should not be placed on the Service which actively discourages applications to be made through this Service. NHS Organisations are responsible for the content of documentation and adverts placed through the Service and any associated Secondary Access.
3.3. Internal Vacancies & Restricted Access Vacancies
Candidates given access to staff restricted vacancies shall be employees of the relevant NHS Organisation looking for Candidates and should therefore be associated with those restricted vacancies.
Candidates given access to restricted vacancies are only entered by their employing NHS Organisation or other person authorised to do so pursuant to these terms.
Candidates given access to restricted vacancies have been officially informed prior to entry on the Service the reasons for them being given such access.
Data associated with a restricted jobs pool should be downloaded from the Service within 13 months of the closing date of that pool and retained on local systems at the NHS Organisation.
3.4. Responsibility for the Service and Secondary Access
The NHS Organisation shall be responsible for the accuracy of any information presented through the Service including through Secondary Access.
The NHS Organisation shall be responsible for the protection of personal data and security, in relation to the use of the Service and other acts and omissions including through Secondary Access.
The NHS Organisation shall be responsible for the account management and access rights to the Employer Interface on behalf of the NHS Organisation including through Secondary Access.
The NHS Organisation shall ensure that all Recruitment Administrators, Recruiting Managers and Recruiting Panel Members are trained in their use of the Service including through Secondary Access.
The NHS Organisation shall ensure that all personnel with access to a Secondary Access will act in accordance with the terms of this Acceptable Use Policy and the terms of any Licence with NHS Employers
3.5. Data Protection Notice
NHS Employers record visited pages statistics about each visit to help them administer and improve the Service
The personal data Candidates provide on the submitted application form is made available to the relevant NHS Organisation. The data will be stored securely in the Service's database and will not be available to any other NHS Organisation
The application data and advertised jobs data will be deleted 13 months after the closing date. The relevant NHS Organisation will retain the application forms for appointed applicants separately as part of their staff records.
Statistical data on recruitment activity as determined by NHS Employers will be provided to the Strategic Heath Authorities and the Department of Health for campaign management and workforce planning.
NHS Employers retains the rights to use general data in relation to the Service for its own purposes including the promotion the Service
The NHS Organisation is the data controller in respect of information it uses or accesses through the Service. NHS Organisations should refer to the terms of the Licence with NHS Employers and in accordance with this Acceptable Use Policy for further details.
3.6. Access
The Service shall be managed and maintained through the identification and appointment of a suitable number of Account Managers, to ensure that access and security is controlled appropriately.
The Service should not be accessed by any 3rd party except as expressly agreed by NHS Employers pursuant to this Policy.
3.7. Security
The Senior Executive at the NHS Organisation is ultimately responsible for security matters relating to the use of the Service.
Personal data (as defined in the Data Protection Act 1998) shall be kept secure by NHS Organisations and used in accordance with the data protection registration and is not divulged to third parties without Candidate consent.
NHS Organisations will nominate a Senior Executive and at least two Account Managers and shall ensure that access to the Employer Interface and Service are effectively managed to ensure the security of the Service is maintained.

4. Equal Opportunities

NHS Organisations are responsible for ensuring that fair and open competition and equal opportunities for all Candidates is practiced at all times.

On-line applications will be considered on an equal footing with written applications, when selecting people to fill the advertised vacancies.

The Code of Practice for the International Recruitment of Healthcare Professionals shall be complied with pursuant in the use of the Service.

Advertisements that appear misleading or inappropriate will be removed upon the request of NHS Employers.

NHS Employers have the right to remove advertisements that contravene this Policy from the Service.

5. Definitions

Account Manager
- is a person identified by the Senior Executive to manage the Service on behalf of an NHS Organisation, through the Employer Interface. The Account Managers have operational accountability for access rights, permissions and the NHS Organisation's use of the Service. The Account Managers shall act on behalf of an NHS Organisation in their use of the Service and will have access to view and process sensitive personal data. An appropriate number of Account Managers should be identified in order to ensure that the Service is managed and maintained at all times. The Account Managers will hold a contract of employment with an NHS Organisation.
The Account Managers are responsible for:
Candidate
- is an individual who accesses the Service through the Candidate Interface under the terms of this Policy.
Candidate Interface
- The Candidate website www.jobs.nhs.uk created as the public access portal of the Service for the purpose of searching, viewing and applying for a vacancy posted on the Service.
Data Controller
- The NHS Organisation is the Data Controller for Personal Data for those individuals whose data is processed as part of the Service.
Data Processor
- NHS Employers are the Data Processor acting on the NHS Organisations' behalf in respect of any Personal Data processed for those individuals whose data is processed as part of the Service.
Employer Access
- is a process undertaken by a member of staff either employed or engaged by the NHS Organisation to access the Service.
Employer Interface
- The website created as the private access portal for NHS Organisations, for the purpose of using the Service.
Licence
- is a licence between NHS Employers and an NHS Organisation in a form agreed by NHS Employers and which all NHS Organisations wishing to use the Service are required to obtain from and enter into with NHS Employers. NHS Employers - NHS Confederation (Employers) Company Ltd.
NHS Organisation
- is a Strategic Health Authority, a Primary Care Trust, an NHS Trust, an NHS Foundation Trust, a Special Health Authority, a Local Health Board, in England and Wales authorised pursuant to the NHS Act 2006 or the Secretary State for Health acting through the Department of Health or any other body deemed to be an NHS Organisation for the purposes of this Policy by NHS Employers.
Recruitment Administrators
- are identified by the Account Managers to administer recruitment services on behalf of the NHS Organisation, through the Employer Interface. The Recruitment Administrators may publish, process and administer vacancy adverts and/or applications on behalf of the NHS Organisation. The Recruitment Administrators shall act on behalf of an NHS Organisation in their use of the Service and will have access to view and process sensitive personal data.
The Recruitment Administrators are responsible for:
Recruiting Managers
- are the line managers of an NHS Organisation who hold the establishment for the vacancy. The Recruiting Managers are set up by an Account Manager to view and comment on selected vacancies and applications on behalf of the NHS Organisation, through the Employer Interface. The Recruitment Administrators will allocate a Recruiting Manager to a specific vacancy. The Recruiting Managers shall act on behalf of an NHS Organisation in their use of the Service and will have access to view and process personal data.
The Recruiting Managers are responsible for:
Recruiting Panel Members
- are persons identified by the Recruiting Manager to support in the recruitment to a vacancy on behalf of the NHS Organisation. The Recruitment Administrators will allocate Recruiting Panel Members to a vacancy to view and comment on selected applications. The Recruiting Panel Members shall act on behalf of an NHS Organisation in their use of the Service and will have access to view personal data.
The Recruiting Panel Members are responsible for:
Secondary Access
- is access to the Service through an NHS Organisation by a unit or other separate group within the said NHS Organisation or third party organisation and where such access is approved by NHS Employers as not needing any further Licence other than already signed by the NHS Organisation. For example access to the Service by third parties providing recruitment services to NHS Organisations shall require further Licence arrangements to be signed; but there may be circumstances where NHS Employers considers this not be necessary.
Senior Executive
- is the senior executive at an NHS Organisation notified to NHS Employers and accountable for the NHS Organisation's overall use of the Service including managing compliance with this Acceptable Use Policy and the Licence which the NHS Organisation is required to sign pursuant to this Policy. The Senior Executive will hold a contract of employment with the NHS Organisation.
The Senior Executive is responsible for:
Service
- is the making available by NHS Employers, through the Employer Interface or the Candidate Interface, the electronic recruitment services set out in this Acceptable Use Policy and the Licence.

6. Notification of changes

If NHS Employers decide to change the terms and conditions of the Service, NHS Organisations and Candidates will be notified through the use of the Service to ensure that all NHS Organisations and Candidates are aware of the terms and conditions governing the use of this Service.

By using this Service NHS Organisations and Candidates consent to the use of the information in the ways described in this Policy.

Updated 1st July 2008

© NHS Employers 2008