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Terms and Conditions (17th May 2018)

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

Definitions

NHS Jobs Team: manages NHS Jobs on behalf of NHS Business Services Authority

Access Agreement

All organisations with a primary account on NHS Jobs have signed an Access Agreement at an appropriately senior level. It is the responsibility of any user who is accessing NHS Jobs on behalf of an organisation to place adverts, process applications etc. to comply with the organisation's Access Agreement at all times. Failure to do so may lead to the organisation's use of NHS Jobs being limited, suspended or terminated.

This Employer Acceptable Use Policy presents the main elements of the Access Agreement which are relevant to employer users who are not super users.

If you are a super user then you should ensure that you are fully aware of the full Access Agreement in order to ensure your organisation's compliance.

Use of NHS Jobs

There are restrictions on the type of organisations which are permitted to be advertised on NHS Jobs and in some cases, the type of posts which some organisations may advertise. Organisation and post restrictions are detailed in the Access Agreement which is available through your organisation's super user(s). If you place an advert on behalf of another organisation then you must ensure that the organisation and post being advertised falls within the scope of NHS Jobs.

You are responsible for ensuring that you comply with all relevant legislation and must not publish any material that is in violation of any law or regulation that is enforceable in the United Kingdom.

You must not place illegal, inappropriate or offensive material on NHS Jobs. This includes material for internal use as well as material intended for external publication.

You are responsible for the accuracy of any information you present through NHS Jobs.

You must not publish material that infringes or breaches any third party's intellectual property rights (which shall include, but not be limited to copyright, trademarks, design rights, trade secrets, patents, moral rights, paternity rights and performance rights) - this includes the use, distribution and/or copying of any material without the express consent of the owner.

You must not place any material on NHS Jobs containing viruses or other malicious software or any tools designed to compromise the security of users, websites and/or systems.

Any advertisements on the Service must relate to roles which are based in England and Wales only.

Any advertisements on the Service cannot relate to roles which are based outside of the European Economic Area (EEA) and a further restriction relating to roles on the Shortage Occupation List (SOL) outside of the UK. This item will be reviewed every 12 months.

The NHS Jobs Team does not check or approve advertisements placed on NHS Jobs but reserves the right to remove, without notice, any advertisement which they are advised breaches legislative requirements, or in their view, appears misleading or inappropriate or in breach of the terms of the Access Agreement, if any such advertisement comes to their attention.

You may not place adverts on NHS Jobs which discourage applications to be made through NHS Jobs using the provided "Apply for this job" button. For example, it is not permissible to include text within the advertisement which instructs or encourages job seekers to apply via another website, by email, by paper or in any way other than using the provided "Apply for this job" button. Note, making paper applications available to individuals who are unable to submit an online application would not be considered to be a breach of this Policy.

You must consider any and all job applications you receive via NHS Jobs. It is not acceptable for applications made via the "Apply for this job" button to be discarded because the application was not made via another means which may have been specified in the advert text.

You must not use NHS Jobs in any way that is unlawful or illegal or in any way to the detriment of other organisations which use NHS Jobs or job seekers or Department of Health.

Security

Passwords should be kept in a secure environment and not shared. Access to, the use of and storage of information or documents from NHS Jobs, including application form content, must be secure and in accordance with your organisation's security policy. Some security guidelines are included on NHS Jobs for information. Any suspected breaches of security should be reported to us immediately.

Restricted Access Vacancies

Candidates who are provided with restricted accounts allowing them the ability to view restricted vacancies must have been officially informed prior the reasons for being given such access.

Data Retention

It is the employing organisation’s responsibility to ensure that any data required after 460 days is held locally off the Service. Data is retained up to 460 days on NHS jobs in order to allow an employing organisation to revisit vacancy and application data in case the vacancy needs re-advertising, applications require reviewing in certain instances e.g. successful applicant declines offer and pre-employment check data.

Employing organisations must ensure that they make jobseekers aware within each advert how long data is retained for (no more than 460 days). This can be carried out with each advert displaying the NHS Jobs Privacy Notice either as an attachment or link.

An audit log will be retained for 24 months to allow NHS Jobs processes to be independently checked.

Data Protection

An employing organisation has an obligation to inform a candidate of how they are processing their data including but not limited to:

  • automatic decision making on selection,
  • updating information the employing organisation has downloaded from NHS Jobs,
  • withdrawing an application the employing organisation has downloaded from NHS Jobs
  • how the employing organisation handles attachments that accompany the application form
  • what the employing organisation does with the Equality and Diversity data
  • how the employing organisation handle any safeguarding concerns

Intellectual Property and Permitted Use

NHS Business Services Authority is the owner or licensee of all intellectual property rights in NHS Jobs and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print and download extracts from NHS Jobs for personal non-commercial use on the following basis:

  • no documents or related graphics are modified in any way;
  • no graphics are used separately from accompanying text; and
  • no copyright and trade mark notices are removed.

And you agree not to:

  • use NHS Jobs for commercial purposes without obtaining prior written agreement from NHS Business Services Authority; or
  • copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any of the content on NHS Jobs except as permitted above.

Notification of Changes

If NHS Business Services Authority decide to change this Acceptable Use Policy, employer users will be notified through NHS Jobs.