Care Search Care Advice Job Search Industry Resources Care Homes Other Care Settings Groups / Owners Awards Submit a Review Terms & Conditions, Privacy Policy & Cookies, & Review Policy CONTENTS 1) TERMS OF WEBSITE USE 2) PRIVACY POLICY & COOKIES 3) REVIEW POLICY 4) TERMS & CONDITIONS OF ADVERTISING 5) TERMS & CONDITIONS OF THE CV SEARCH FOR EMPLOYERS/RECRUITMENT AGENCIES 6) TERMS & CONDITIONS OF REVIEW WIDGETS 7) PRIZE DRAWS 8) INVITE TO REVIEW: DATA PROCESSING TERMS 1) TERMS OF WEBSITE USE This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website carehome.co.uk, our carehome.co.uk email newsletter and our carehome.co.uk iPhone, iPad and Android apps (“our site”). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree, please refrain from using our site. Information about us Carehome.co.uk is a site operated by Tomorrow’s Guides Limited (“We”). We are registered in England and Wales under company number 02889550 and have our registered office at Unit 4 Station Yard, Station Road, Hungerford, Berkshire RG17 0DY. Our VAT number is 757248207. Accessing our site Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or we believe your user identification has been compromised or otherwise believe there is a security risk presented by use of such user identification. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. Prohibited uses In accessing any part of our site, you agree: • not to use our site in such a way that disrupts, interferes with or restricts the use of our site by other users; • not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of our site; and • not to change, modify, delete, interfere with or misuse data contained on our site and entered by or relating to any third party user of our site. Material contained in our site must not be reproduced or exploited for commercial gain. All other rights are reserved and users must seek our permission before making any other use of material contained in our site. Content Standards & Uploaded Content These Content Standards apply to any content or comments posted or uploaded on our site. The Content Standards must be complied with in spirit as well as to the letter. We will determine, in our discretion, if such postings breach the Content Standards. We reserve the right to edit, not publish or to remove any content whether or not it complies with these Content Standards. Although our site is fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate our site or any other service we provide on our site and we may stop moderating our site at any time. Postings must: • Be genuinely held (where it states opinion) • Be relevant • Be written in English and comply with acceptable standards of spelling and grammar • Comply with the laws applicable in England and Wales and in any country from which it is posted Postings must not: • Contain specific accusations of negligence, abuse or criminal activity. • Be defamatory of any individual or organisation • Be obscene, offensive, hateful, threatening, harassing or unlawful • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age • Contain abusive language • Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual • Be written in capitals • Stereotype sections of society • Name any organisations/businesses other than the organisation/business that is relevant to the listing, review etc… • Infringe any copyright, database right or trade mark of any other person • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence • Be in contempt of court or breach of a court order • Impersonate any person, or misrepresent your identity or affiliation with any person • Give the impression that the posting emanates from us if this is not the case • Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism • Contain any advertising or promote any services or web links to other sites. Content standards also apply to any videos uploaded to the site and, in addition to the general content standards listed above, the following specific standards (“Video Standards”) will apply: • videos will only be posted by someone who has obtained all necessary rights and permissions to do so. Such rights and permissions will include (but not be limited to) licences and releases of any applicable copyright and performers’ rights licences and releases and consents under the General Data Protection Regulations (GDPR) Act from anyone shown in the video or whose personal data is used in the video; • videos will comply with the laws applicable in England and Wales and in any country from which it is posted; • videos will not contain strobing or flashing content or other material which carries a material risk of triggering migraines, photo-sensitive epilepsy or other conditions affected by visual material; • videos will not contain any material which would prevent the video in question obtaining a PG rating as a maximum were it subject to classification by the BBFC under its then current guidelines. Notice & Take Down Procedure: If you believe that content on our website may breach any of our Content Standards you can alert one of our moderators by clicking on the link provided or by emailing info@carehome.co.uk. You will need to provide your email address and/or telephone together with a short explanation why you believe the content does not comply with our Content Standards. Reporting content will not automatically remove it, but will ensure we look at it as soon as possible. The moderators will then decide whether to remove it permanently or reinstate it. License of Content: By submitting content to our site, you agree to grant us a non-exclusive, perpetual royalty-free, transferable and sub-licensable licence to use that content. Although you will still own the copyright in your content, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your content. You further grant us the right to pursue at law any person or entity that violates your or Tomorrows Guides' rights in the uploaded content by a breach of these terms. Indemnification: You agree to indemnify and hold us harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to content you have uploaded onto our website or your breach of the provisions of these terms. Social Media: We have a social media presence and use Facebook and Twitter among other social media platforms. Please note that material posted by you to this site may be reposted or promoted by us on our social media platforms on the same conditions as apply to our website and subject to any additional conditions imposed by the platform in question. By posting to our website you are deemed to consent to any reposting or promotion by us using social media. Care Providers and Reviews: - We have endeavoured to ensure that any Reviews posted on the site are fair, and that, as care providers, you always have an opportunity to provide your own point of view and to make clear where you disagree with anything being said by a reviewer. By engaging with us in this process you acknowledge that the Reviews and associated material published together constitute a fair and balanced set of opinions about your services. - You will only use any personal data we provide to you for the purposes of responding to the particular Review to which it relates and/or for addressing any legal or regulatory issues and/or as otherwise required by law, and you will only retain any such personal data for so long as is necessary for those purpose(s). Candidates Uploading CVs/Applying to Jobs: In addition to the content standards outlined above, you are not permitted to: - submit CV Details/CV that are not accurate/genuine - submit CV Details/CV that promote products or services - set up duplicate accounts with duplicate/different CVs - submit CV Details/CV or apply for any job on behalf of another party - defer any contact from an agent/agency/employer to any agent/agency/third party You must be 16 years of age or older to apply for jobs/upload CVs and, if under the age of 18, you must apply to jobs/upload CVs under the supervision of a parent, legal guardian, or other responsible adult. We will use the information supplied by you to assist the recruitment process made through this website. This involves us, amongst other things, processing and storing information and passing or making available online such information to prospective employers and recruitment agencies. By uploading a CV or applying for a job you consent to this use of the information. You have no ownership rights for your carehome.co.uk account and if your account is cancelled/terminated, your account information including CV Details, CVs, job applications etc.. will be marked as deleted and may be deleted from our databases and will be removed from the public areas of carehome.co.uk’s websites. Employers and recruitment agencies may retain saved copies of your information in accordance with their own legal obligations. Intellectual property rights We are the owner of all intellectual property rights in the material and data on our site, subject to the provisions in the intellectual property rights in the Content Standards and Uploaded Content (see above). Such rights include, but are not limited to: • unregistered trade mark rights protecting our business and trading names; • database rights protecting the data published on our site; • copyright and design rights in the text and graphics on our site; and • copyright in the software used on our site other than that licensed to us. You must only use the materials and/or data on our site for personal and non-commercial purposes and in accordance with the terms below. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. We expressly prohibit any third party from gathering, extracting, reproducing and/or displaying any material or data on or from our site, regardless of how such material or data is obtained (eg by the use of spiders or other ‘screen scraping’ software or system used to extract data) or the reason it is obtained. If you print off, copy or download any part of our site or use the data on our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, and delete the data from any medium in your possession, custody or control. You may also be exposed to a possible claim for damages for breach of intellectual property rights and/or contract. We expressly reserve all rights in this regard. You agree to indemnify and hold us harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to your use of our site or your breach of the provisions of these terms. Reliance on information posted Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. Our site changes regularly We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. Limitation of our liability The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: 1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. 2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: 2.1 loss of income or revenue; 2.2 loss of business; 2.3 loss of profits or contracts; 2.4 loss of anticipated savings; 2.5 loss of data; 2.6 loss of goodwill; 2.7 wasted management or office time; and 2.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Our liability for losses suffered as a result of a breach of these terms by us is strictly limited to liability in respect of claims brought within one year of the material being first displayed on our site. Information about you and your visits to our site We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. Use of your email address When you send emails or request brochures through the profile pages, you are required to enter your email address. We will pass your email address on to the relevant organisation and/or their representative so that they can respond to your query. Viruses, hacking and other offences You must not misuse our site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and other relevant laws in this and other jurisdictions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. Linking to our site You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to info@carehome.co.uk. Links from our site Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Jurisdiction and applicable law The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Review Widgets & Facebook App Please refer to Terms & Conditions of Review Widgets Recommended Stamp & Awards Logos Care Homes are only allowed to display this recommended stamp on their website if they have a review listed on carehome.co.uk and they have an Enhanced / Premium / Platinum Service. The recommended stamp must be linked back to carehome.co.uk. Care Homes are only allowed to display a carehome.co.uk awards logo on their website if they have won a carehome.co.uk Award. The awards logo must be linked back to carehome.co.uk. If for any reason our server is not available the Recommended Stamp or Awards logo may be temporarily rendered inaccessible but we will not be liable in any way for such non-availability or interruption. You are not allowed to make use of the Recommended Stamp or Awards Logos in any misleading manner or in any way which brings or risks bringing carehome.co.uk into disrepute. The Reviews & Review Score API The Reviews & Review Score API can be used to import reviews into your own CMS. The Reviews & Review Score API cannot be used to import reviews into third party listing/review management software/services and it cannot be used to display Reviews/Review Scores on public facing websites or other apps. Please also note the Reviews & Review Score API are only available to Premium or Platinum Service subscribers. Variations We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. Your concerns If you have any concerns about material which appears on our site, please contact info@carehome.co.uk. Thank you for visiting our site. 2) PRIVACY POLICY & COOKIES Introduction We are committed to safeguarding the privacy of our website visitors and service users (both online and offline). This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data. We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website. Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via logging into your Account. In this policy, "we", "us" and "our" refer to Tomorrow's Guides Limited. For more information about us, see the section "Our details" below. How we use your personal data In this section we have set out: - the general categories of personal data that we may process; - in the case of personal data that we did not obtain directly from you, the source and specific categories of that data; - the purposes for which we may process personal data; and - the legal bases of the processing. We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services. Since this usage data is largely derived from cookies or other web technologies, please also see our Cookie Policy. We may process information relating to transactions, including purchases of services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business. We may process your personal data as contained within our organisation listings data ("organisation listings data"). The organisation listings data may include names, email addresses, telephone numbers, job titles and individuals in photos and videos relating to your organisation. The sources of the organisations listings data are you, your organisation or the regulatory authorities. The organisations listings data may be processed for the purposes of being published on our websites, receiving updates and marketing emails about our website services, receiving survey emails, and receiving email enquiries and brochure requests. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, in particular, to provide website users with the necessary information on our website to make informed decisions about selecting care providers/care related services and to send enquiries/brochure requests to organisations and also to enable organisations to manage their listing and to accurately show the general public what services they offer. We may process your email enquiries, brochure requests and book a tour data ("email enquiries data""). The email enquiries data may include names, email addresses, telephone numbers and postal addresses. The email enquiries data may be processed for the purposes of sending email enquiries, making brochure requests and booking a tour to organisations who may respond/contact you. The legal basis for this processing is our legitimate interests, to provide website users with the ability to send enquiries/brochure requests to organisations and also to enable organisations to receive and respond to these enquiries/brochure requests. We may process your reviews data ("reviews data"). The reviews data may include your name, email addresses, telephone numbers and other personal data included in the review comment. Your name may also be included by the reviewer in a review. The source of the reviews data is the reviewer and the reviews data may be processed for the purposes of the moderation and publication of reviews on the website and potentially other selected websites and social media. Your review and contact details may be passed to care providers or their service provider handling reviews who may use the review for their own purposes, including marketing their services. The term “care provider" may refer to the organisation being reviewed or to a connected head office/subsidiary/franchisor/franchisee. Please see our Review Policy to how we moderate reviews. The legal basis for this processing is our or a third party’s legitimate interests which are to provide website users with the reviews to make informed decisions about selecting care providers, to provide service users and their family/friends a way to leave feedback to care providers and also to enable organisations to receive feedback and show the general public information on the services they offer. We may process your recruitment data – job listings & CV Search ("recruitment data"). The recruitment data may include your name, email address, job title and telephone number. For job listing, the recruitment data may be processed for the purposes of managing job listings and to receiving job applications. For the CV Search, the recruitment data may be processed for the purposes of managing the CV Search subscription and sending emails to potential candidates. The legal basis for this processing is our legitimate interests, namely the proper administration of our Jobs Board and CV Search, in particular, to provide employers/recruiters to source candidates through posting jobs and using the CV Search and also to provide job seekers with job opportunities through applying for jobs and uploading their CV. We may process your job applications data ("job applications data"). The job applications data may include your name, email address, job title, telephone number and personal data relating to your job profile and included on your CV. The data may be processed for the purposes of managing job listings, receiving relevant job alerts and sending job applications to organisations who may respond/contact you. The legal basis for this processing is our legitimate interests, to provide website users with the ability to send job applications to organisations and also to enable organisations to receive and respond to these job applications. We may process your CV uploads data ("cv uploads data"). The cv uploads data may include your name, email address, job title, telephone number and personal data relating to your job profile and included on your CV. The data may be processed for the purposes of managing your CV, receiving emails/phone calls about jobs from employers/recruiters and receiving relevant jobs alerts from our website. The legal basis for this processing is our legitimate interests, namely the proper administration of our CV Search, in particular, to provide employers/recruiters to source candidates through using the CV Search and also to provide job seekers with job opportunities through uploading their CV. Where your personal data includes special categories of data, the legal basis of this processing is as per Article 9(2) of the GDPR: (e) processing relates to personal data which are manifestly made public by the data subject. We may process your website user account data ("website user account data"). The website user account data may include your name, email address and telephone number. The data may be processed for the purposes of managing your website user account, receiving survey emails and receiving marketing emails about our website services. The legal basis for this processing is our legitimate interests, in particular, to provide those with website user accounts with additional website functionality. We may process your email newsletter data ("email newsletter data"). The email newsletter data may include your names and email addresses. The email newsletter data may be processed for the purposes of sending you the email newsletter. Where we are sending a newsletter using personal data collected before 25 May 2018, the legal basis for this processing is our legitimate interests, namely the operation of our email newsletter, so that subscribers can receive informative and relevant news about the care sector and so that our website can provide the care home sector with an important information service. Where we are sending a newsletter using personal data collected from 25 May 2018, the legal processing is consent. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks. In addition to the specific purposes for which we may process your personal data set out in this section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. Please do not supply any other person's personal data to us, unless we prompt you to do so. Providing your personal data to others We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. We may provide your personal data to third parties to the extent set out in the “How we use your data” section above. Where we state that we may disclose your personal data to an organisation/care provider/employer/recruiter, this may include any of those entities’ connected head office/subsidiary/franchisor/franchisee. Furthermore, if your personal data is disclosed to an organisation/care provider/employer/recruiter, which is then acquired by a third party, then your personal data may be disclosed to this third party. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. We may disclose the following categories of personal data to our suppliers or subcontractors insofar as reasonably necessary for the purposes outlined. a) organisation listing data to subcontractors for storage of data, sending emails and communications, processing of photos and videos and processing of transactions. b) email enquiries, brochure requests and callback requests data to our suppliers/sub contractors for storage of data and sending emails. c) reviews data to our suppliers/sub contractors for storage of data, back up of data, sending emails and communications, processing of review cards and IT support. d) recruitment data to our suppliers/sub contractors for storage of data, back up of data, sending emails and communication, IT support and collection of debtors. e) job applications data to our suppliers/sub contractors for storage of data, back up of data, sending emails and communications and processing of CVs. f) cv upload data to our suppliers/sub contractors for storage of data, back up of data, sending emails and communication and processing CVs. g) website user account data to our suppliers/sub contractors for storage of data, back up of data and sending emails. Financial transactions relating to our website and services may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. In addition to the specific disclosures of personal data set out in this section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. International transfers of your personal data In this section, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA). We and our group companies have offices and facilities in USA and Canada. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained by contacting us. - Organisation listing data of supplier or sub contractor is situated in the US, Canada, Isle of Man and around the world. - Reviews data of supplier or sub contractor is situated in the US and around the world. - Recruitment data of supplier or sub contractor is situated in the US, Canada, Isle of Man and around the world. - Job applications data of supplier or sub contractor is situated in the US. - CV Uploads data of supplier or sub contractor is situated in the US. - Website user account data of supplier or sub contractor is situated in the US. - Email newsletter data of supplier or sub contractor is situated in the US. In these cases, we will ensure that it will only be transferred to countries that have been identified as providing adequate protection for personal data (like New Zealand), or to a third party where we have approved a transfer mechanisms in place to protect your personal data – for example, by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties). You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others. Retaining and deleting personal data This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We will retain your personal data as follows: - Usage data is retained for a maximum of 50 months. - Transaction data is retained for a maximum of 6 years. - Organisation listings data will be retained while it is published on the website and for a maximum period of 6 years following the date of deletion from the website. - Email enquiries, brochure requests and book a tour requests data will be retained for a maximum period of 15 months following the date of submission. - Reviews data will be retained for a maximum period of 6 years from date of submission. - For recruitment data, the jobs listings data is retained for a maximum of 15 months from date of expiry and the CV search communications are retained for a maximum of 15 months from date of being sent. - Job applications to specific jobs in the jobs section and job applications made through the care provider main profile page are both retained for a maximum of 15 months from date of submission. - CV upload data is retained for a maximum of 3 years from date of last update. - Website users accounts are retained for a maximum of 3 years from date of last log in unless they are connected to a listing organisation. - Email newsletter data is retained as long as the subscriber wishes to continue to receive the monthly newsletter. Notwithstanding the other provisions of this section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. Security of personal data We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data. We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems. The following personal data will be stored by us in encrypted form: password(s). Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology. You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website). Amendments We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy. We may notify you of significant changes to this policy by email or through displaying a message in your account. Your rights In this section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights. Your principal rights under data protection law are: a) the right to access; b) the right to rectification; c) the right to erasure; d) the right to restrict processing; e) the right to object to processing; f) the right to data portability; g) the right to complain to a supervisory authority; and h) the right to withdraw consent. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest. To the extent that the legal basis for our processing of your personal data is: a) consent; or b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. In the UK, this is the Information Commissioner’s Office but you may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal. You may exercise any of your rights in relation to your personal data by written notice to us. Third party websites Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of third parties. Personal data of children Our website and services are targeted at persons over the age of 16. If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data. Updating information Please let us know if the personal information that we hold about you needs to be corrected or updated. Acting as a data processor In respect of the “invite to review" feature, we do not act as a data controller; instead, we act as a data processor. Insofar as we act as a data processor rather than a data controller, this policy shall not apply. Our legal obligations as a data processor are instead set out in the contract between us and the relevant data controller. About cookies A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. Cookies that we use We use cookies for the following purposes: status - we use cookies to help us to determine if you are logged into our website; personalisation - we use cookies to store information about your preferences and to personalise our website for you; security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally; analysis - we use cookies to help us to analyse the use and performance of our website and services; and cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally. Cookies used by our service providers Our service providers use cookies and those cookies may be stored on your computer when you visit our website. We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/. We use Hotjar in order to better understand our users’ needs and to optimise this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behaviour and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymous user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site. https://help.hotjar.com/hc/en-us/categories/115001323967-About-Hotjar Managing cookies Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links: https://support.google.com/chrome/answer/95647?hl=en (Chrome); https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox); http://www.opera.com/help/tutorials/security/cookies/ (Opera); https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer); https://support.apple.com/en-gb/guide/safari/sfri11471/14.0/mac/11.0 (Safari); and https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge). Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website. Our details This website is owned and operated by Tomorrow's Guides Limited. We are registered in England and Wales under registration number 02889550, and our registered office is at Unit 4, Station Yard, Station Road, Hungerford RG17 0DY. Our principal place of business is at Unit 4, Station Yard, Station Road, Hungerford RG17 0DY. You can contact us: by post, to the postal address given above; using our website contact form; or by telephone, on the contact number published on our website from time to time. Data protection registration We are registered as a data controller with the UK Information Commissioner's Office. Our data protection registration number is Z6856368. 3) REVIEW POLICY IMPORTANT INFORMATION ABOUT REVIEWS - The Review Score is based on user Reviews and the maximum Review Score is 10. There are 5 Points available for the Average Rating on users of all Reviews (Excellent 5, Good 4, Satisfactory 3, Poor 2, Very Poor 1). There are 5 Points available for the total number of positive Reviews in the last 24 months in relation to the registered maximum number of service users at the Care Home. - We receive approximately 25% of Reviews through website submission and 75% of Reviews through Review Cards (only available to Enhanced / Premium / Platinum Service subscribers more info). - We only accept/publish Reviews that are submitted by a Resident/Service User or their Family/Friends (cannot be submitted anonymously) and comply with our Content Standards (eg do not contain allegations of negligence, abuse or criminal activity). - Before publication, we check that all reviews comply with our Review Policy and we show all reviews to care providers so that they may make a response to be published with the review. - The Reviews submitted to our site do not represent our views and we accept no responsibility or liability for any such Reviews. If you have any feedback or require further information on our reviews, please email reviews@carehome.co.uk or call 01488 684321 and ask for the Review Team. REVIEW POLICY General Our website carehome.co.uk allows users and third parties to post comments and ratings of care provider experiences (“Reviews”). The primary purpose of these Reviews is to help potential residents / service users to find the right care home / service. The Reviews also provide residents / service users with an opportunity to provide feedback to care providers and for care providers to use this feedback to make improvements. This is not a formal complaint procedure or to be used for allegations of negligence, abuse or criminal activity. Reviews cannot be submitted anonymously through carehome.co.uk, we require the name and telephone/email of the reviewer and the option to share these with the care provider, so that we can properly authenticate reviews. If you wish to make a complaint or have a serious allegation of negligence, abuse or criminal activity, you should contact the care provider, the relevant regulatory authority or the police. The views, comments and opinions expressed in the Reviews submitted to our site do not represent our views and we accept no responsibility or liability for any such Reviews. All Reviews are left in accordance with our terms and conditions. Moderation – Pre-Screening of Reviews a) The Review is posted online or it is received from a Review Card and then entered onto our system by the Review Team. b) Reviews that do not comply with the Review Policy are not accepted or published. The Review Team reject Reviews for the following reasons: - The Connection of the Reviewer is not valid (see section below ‘Who Can Submit Reviews’). - The Review does not conform to our Content Standards (see section below ‘Content Standards’). - The Review is incomplete, e.g. missing comment, missing ratings, missing signature. We can only accept the missing information if given in writing. Then, an email is sent to the reviewer to say that the review has not been accepted (where we have their email address) and also to the contacts of the care provider record. When a Review is rejected for not conforming to the Content Standards, the email to the Reviewer, states that they can amend and re-submit the Review. c) Reviews that appear to comply with the Review Policy are authenticated with the reviewer: - We have a number of data checks to authenticate Reviews (submitted from same IP address, same name/email/telephone as a current review etc..) - For a number of Reviews, the Review Team telephones/emails the reviewer. If they are a friend/relative they may ask if they can provide the name of the person in the home for confirmation. Residents/Service Users who submit a review without assistance must be willing and able to speak with us to confirm the authenticity of their review. Then: - If the Review Team cannot authenticate, an email is sent to the contacts of the care provider stating that the Review could not be authenticated. - If confirmed authentic, then the Review will move to pending publication. d) Reviews Pending Publication: When a Review moves into Pending Publication, an email is sent to the contacts of the care provider with a link to the Review. The care provider is informed that the Review will automatically be published after 14 days unless they select one of the following options: 1) Publish Immediately. The Review will be published and email sent to reviewer and to the contacts of the care provider saying the Review is live. 2) Publish adding a response to the Review. The Review Team verify the response to ensure they abide by the terms of the Review Policy and then the Review will be published with an email sent to the reviewer and to the contacts of the care provider saying the Review is live. During the moderation process, your personal details may be used by us or passed on to the organisation you are reviewing in order to contact you for the purpose of verifying/responding to your review. Carehome.co.uk will decide, in its sole discretion, whether a Review complies with the Review Policy. We reserve the right to edit and alter Reviews to ensure that the Review complies with our Review Policy. As a general rule, we will only edit Reviews to remove names from the content of the reviews and to correct spellings or basic grammar. We will try to publish as many Reviews as we can but cannot guarantee that all Reviews will be published and we may reject a Review with or without giving reasons for such rejection. If carehome.co.uk rejects a Review submitted by you, if you wish, you can edit the rejected Review and resubmit it. We reserve the right to take down at any time any Review. We cannot guarantee how quickly Reviews will be posted on our site. We try to process the Reviews as quickly as we can, but on occasions, it can take up to 30 days for them to be Published or deemed non compliant with our Review Policy. The moderation process is identical for care providers we have a commercial relationship with and for those we do not. Care providers must not make reference to their commercial relationship with carehome.co.uk when commenting on reviews to the moderation team. Any such reference will be disregarded by the moderation team in considering whether a review is compliant or not. We endeavour to ensure that any Reviews posted on the site are fair and that care providers always have an opportunity to provide their own point of view and to make clear where they disagree with anything being said by a reviewer. By engaging with us in this process care providers acknowledge that the Reviews and associated material published together constitute a fair and balanced set of opinions about their services. Review Responses The Review Team verify all Review Responses before publication to check they comply with the Content Standards. For the avoidance of doubt, Review Responses must not reveal specific personal information about the reviewer, the resident/service user or a third party (e.g. the person’s diagnosis or treatment) as this may breach data protection legislation (unfair processing of personal or sensitive personal data) and would also be likely to breach the care provider's duty of confidentiality to the reviewer or resident/service user. Review Responses must be submitted within 6 months of the submission date of the relevant review. We try to verify all Review Responses within 3 working days but we cannot guarantee this. Notice & Take Down Procedure on our website If you believe that someone’s Review on our website does not comply with our Review policy you can alert one of our moderators by clicking on the link provided to report a Review. You will need to provide your email address and/or telephone together with a short explanation why you believe the Review does not comply with our Review Policy. Reporting a Review will not automatically remove it, but will ensure we look at it as soon as possible. The moderators may suspend the Review during the investigation and then will decide whether to remove it permanently or reinstate it. We reserve the right to take down at any time any Review. If you have submitted a Review and wish it to be taken down from our website, you can contact one of our moderators by clicking on the link provided to report a Review. You will need to provide your email address and/or telephone and to state that you previously submitted the review and now wish for it be removed. Who can submit Reviews? Reviews of care providers can only be submitted by residents/service users or their family/friends. Reviews are not accepted from: • Members of staff and ex-members of staff (includes staff working within the wider organisation) • Anyone with a professional connection to the care provider (e.g. entertainer/hairdresser/doctor/nurse/therapist etc.) • Ad-hoc visitors (e.g. attending a garden fete, Mayor, MP) • Potential residents and their family/friends • Students/Work Experience For Reviews submitted on Review Cards, assistance can be given to residents/service users by their family/friends but NOT by staff members. The family/friends must provide their name, connection and contact details. Residents/service users must sign the review and be willing and able to give all of the information for the review. The connection is published next to the review which clearly states assistance has been given. People under 16 should get permission from a parent or guardian before posting on our site. Content Standards Reviews must: • Be genuinely held (where it states opinion) • Be relevant (about the care/service provided) • Be first-hand personal experiences (no second-hand information, rumours or quotations from other sources) • Be based on an experience of the provision of care services (ie if the care services are cancelled before they have been provided, then the review will not be compliant) • Be a maximum of 1,000 characters (with spaces) in length, which is approximately 150 words • Be written in English and comply with acceptable standards of spelling and grammar • Be submitted in a reasonable time frame - the resident/service user must have used the care provider within the last 12 months • Be complete ie all Review fields must be completed • Comply with the laws applicable in England and Wales and in any country from which it is posted Reviews must not: • Contain specific accusations of negligence, abuse or criminal activity • Be defamatory of any individual or organisation • Be obscene, offensive, hateful, threatening, harassing or unlawful • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age • Contain abusive language • Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual • Contain any reference to the Review Score of the organisation/business being reviewed • Contain references to other specific Reviews • Stereotype sections of society • Name any organisations/businesses other than the organisation/business that is being reviewed • Infringe any copyright, database right or trade mark of any other person • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence • Be in contempt of court or breach of a court order • Be made in an attempt to blackmail any person • Be made with a view to gain for the person submitting the content/comment or for another, or with the intent to cause loss to another, in exchange for offering to remove a ‘negative’ review or post a ‘positive’ review • Impersonate any person, or misrepresent your identity or affiliation with any person • Give the impression that the Review emanates from us if this is not the case • Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism • Contain any advertising or promote any services or web links to other sites We take a neutral stance in factual disputes between care providers and reviewers as there is no reliable way to discern who's right about a particular experience. If a care provider disagrees with the reviewer over the experience, we recommend that the care provider writes a reply to the review telling their version of events so that website users can see both perspectives. How Reviews are Submitted We receive approximately 25% of Reviews through website submission and 75% of Reviews through Review Cards (only available to Enhanced / Premium / Platinum Service subscribers more info). For the avoidance of doubt, we only accept Review Cards in their original format ie we do not accept photocopies of Review Cards or Review Cards that are scanned and emailed to us. For all reviews submitted online, the reviewer must provide a personal email address. Multiple Reviews from the same Reviewer When a Review is submitted by someone who has previously submitted a Review, the latest Review replaces the older Review. The older Review is no longer published and does not count towards the Review Score (see below). Invite to Review Care providers using the Invite to Review service shall at all times comply with the requirements of the Data Protection Act 1998 in respect of any data including data relating to their customers and relatives of their customers used in requesting and obtaining feedback. If a customer or relative of a customer no longer wishes to receive electronic requests for feedback for their care provider, they should contact the care provider directly. Fraudulent Reviews Carehome.co.uk is committed to ensuring the integrity of the content it collects and provides to its website users. Any attempts to mislead, influence or impersonate a resident / service user or their friend / family is considered fraudulent, and is subject to penalties. Such fraudulent behaviour includes but is not limited to: i) Attempts by an owner or agent of a care home / service to boost the reputation of an organisation by: - Writing a review for their own organisation or for any organisation they own, manage or have a financial interest in. - Utilising any optimisation company, marketing organisation, or third party to submit reviews - Impersonating a competitor, a resident or friend / family of a resident - Offering incentives or inducements (including discounts, free prize draws or any special treatment) to residents or friends / family of residents in exchange for reviews or to influence the content of a review - Submitting reviews on behalf of a resident or friend / family of a resident - Copying in-house comment cards, letters or reviews from other websites and submitting them as reviews - Selectively soliciting reviews (by e-mail, through the review cards or by any other means) only from residents or friends / family of residents who have had a positive experience - Pressurising residents or their friends / family to submit a positive review, remove a negative review or to make changes to a review - Asking residents or their friends / family to remove their reviews in return for a discount or incentive - Prohibiting or discouraging residents or their friends / family from posting negative or critical reviews of their experience - Attempts to damage competitors by submitting a negative review ii) An owner or agent of a care home / service writing a review on a direct competitor, even if the review describes a genuine experience. Whilst investigating a potential fraudulent review, we may suspend the review and then we will decide whether to remove it permanently or reinstate it. If we discover a fraudulent review, as well as removing that review, we may also remove all reviews for that care home / service and any care homes / services in the same group. To help maintain the integrity of our website, we reserve the right to carry out a full audit of all reviews on a profile page if we are alerted to the possibility of fraudulent reviews or if we are suspicious about reviews (e.g. several reviews submitted with the same handwriting or all reviews have an excellent rating for all categories). When performing an audit, we may ask all or some of the following questions Did you complete the review card yourself? Did you submit the review online yourself? Where did you complete the review? Were you able to take the card away to complete it at your leisure? Did you choose all the ratings yourself? Were you asked to hand the card back to the care provider (sealed or unsealed) before posting? Privacy When you make a Review you will be asked to provide your full name and either your telephone number and/or email address. These details will not be published and will be used to verify/respond to your Review as is necessary. We will retain indefinitely the information / contact details that you provide to us in connection with a particular Review for ongoing verification purposes. We will review our policy on this retention every 2 years. The information may be shared with the care provider but we will not pass on the information to any other third parties. Reviewers are also asked to provide a 'Display Name' to be shown on the website together with the Review. It is our policy not to publish surnames and where required our Review Team will edit the 'Display Name' appropriately. Use of your Review Reviews are published on our website and often on the care provider website. In addition, they might be displayed on social media, marketing literature and other selected websites. By submitting a Review to our site, you agree to grant us a non-exclusive, perpetual royalty-free, transferable and sub-licensable licence to use that Review. Although you will still own the copyright in your Review, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Review. The right to edit and alter the Review will be exercised in order to ensure that the Review complies with the relevant law, this policy and to protect the privacy of individuals. We also have the right to remove Reviews from the site. You further grant us the right to pursue at law any person or entity that violates your or Tomorrows Guides' rights in the Reviews by a breach of these terms. By submitting a Review, you are warranting that you have the right to grant the licence above. Individual Ratings There are 12 individual ratings on each review for ‘Overall Standard’, ‘Care/Support’, ‘Treated with Dignity’, ‘Staff’, ‘Management’, ‘Rooms’, ‘Facilities’, ‘Cleanliness’, ‘Food & Drink’, ‘Activities’, ‘Safety/Security’ and ‘Value For Money’. For each of these individual ratings, the reviewer can rate the care home / service: ‘Excellent’, ‘Good’, ‘Satisfactory’, ‘Poor’ or ‘Very Poor’ Review Score The maximum Review Score for a care home / service is 10, which is made up of Average Rating of Reviews (maximum of 5 points) and Number of Reviews (maximum of 5 points) in the last 24 months: a) 5 Points are available for the Average Rating of all Reviews in the last 24 months. For each review the care home / service is rated Excellent, Good, Satisfactory, Poor or Very Poor on a number of areas eg Staff, Management etc. The care home / service receives points for each rating as follows: Excellent = 5. Good = 4. Satisfactory = 3. Poor = 2. Very Poor = 1. These points are added up and then divided by the total number of completed ratings to generate the average rating. b) 5 Points are available for the number of Positive Reviews in the last 24 months. A Positive Review is defined as any Review with 'Extremely Likely' or 'Likely' in answer to the question 'How likely are you to recommend this care provider to friends and family if they needed similar care or treatment?' The 5 points available are broken down as follows: i) 4 points are available for 10 Positive Reviews in last 24 months, 3 points for the first Positive Review, 0.125 Points for each of the next 4 Positive Reviews, and then 0.1 Points for each of the next 5 Positive Reviews. (1st = 3, 2nd = 0.125, 3rd = 0.125, 4th = 0.125, 5th = 0.125, 6th = 0.1, 7th = 0.1, 8th = 0.1, 9th = 0.1, 10th = 0.1). ii) 1 point is available for the number of Positive Reviews reaching 20% of the registered maximum number of service users in the last 24 months. If this number is partially reached, then that proportion of 1 point is given. eg a care home / service registered for a maximum of 50 service users has to reach 10 Positive Reviews to receive 1 point, if it has 7 reviews it will receive 0.7 points. (For Adult Day Care Centres and Extra Care Housing i) and ii) are replaced by having 5 points available for 5 Positive Reviews in last 24 months, 3 points for the first Positive Review, 0.5 Points for each of the next 4 Positive Reviews) When a Review is submitted by someone who has previously submitted a Review, only the latest Review will be published and count towards the Review Score. If a care home / service does not have a review in the last 24 months, then it will not have a Review Score. Group Review Score The Group Review Score is derived from the average of all the Review Scores of its Members with a Review Score. 75%+ Members of the Group must have a Review Score before a Group Review Score can be achieved. Carehome.co.uk reserves the right to alter or update this policy at any time. 4) TERMS & CONDITIONS OF ADVERTISING Terms and definitions These terms shall apply in addition to all other terms and conditions on this site. In the event of a conflict arising out of these terms and any others on the site, the provisions of these terms shall prevail. For the purposes of these terms, an ‘Advertisement’ refers to all types of advertisements including (without limitation) Features, Banner Advertisements, Sponsored Services, Enhanced / Premium /Platinum Service and Job Postings on our website carehome.co.uk, our carehome.co.uk email newsletter and our carehome.co.uk iPhone, iPad and Android apps (“our site”). Tomorrow’s Guides accepts the publication of the Advertisements on the terms set out below and by placing an order, the Advertiser (being the person or organisation placing the order for the Advertisement, whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these terms in full. Formats a) Features Features on the section pages (eg Jobs Page) are displayed underneath the search and Features on the search results pages are displayed above the listing results. For information on Featured Care Homes click here, for Featured Care Home Groups click here and for suppliers click here. Tomorrow’s Guides reserves the right at any time to change the format of a Feature. b) Enhanced / Premium / Platinum Service The Advertiser’s listing(s) features in the top part of area listings on carehome.co.uk with logo and photo. In addition, the Advertiser logo, up to 3 photos and up to 150 word description are displayed on the Advertiser’s profile page and the Advertiser has access to services such job vacancies, review cards and press release distribution. Click here for terms & conditions of the CV Search for Employers/Recruitment Agencies. Click here for full details of an Enhanced / Premium / Platinum Service. Where an Enhanced / Premium / Platinum Service has been ordered for specific member records, but not for all member records in a group, the benefits of the service can only be used for those specific member records with an order. Please note if an Enhanced / Premium / Platinum Service is not renewed, then, on reaching the expiry date, the care provider(s) must dispose of all review cards and cease to make them available for use. Photos and logos should be supplied in JPEG format. Tomorrow’s Guides reserves the right at any time to change the format of an Enhanced / Premium / Platinum Service. c) Sponsored Services The Advertiser’s listing features in the listings on carehome.co.uk for a specific category(s). In addition, the Advertiser logo is displayed on the Advertiser’s profile page and the Advertiser has access to services such as press release distribution. Click here for full details of a Sponsored Service. Photos and logos should be supplied in JPEG format. Tomorrow’s Guides reserves the right at any time to change the format of a Sponsored Service. d) Email Newsletter Banner Advertisements The dimensions of Banner Advertisements on the Email Newsletter are 160x160 pixels, with a maximum size of 100kb. All email newsletter Banner Advertisements should be supplied in JPEG or PNG format. Click here for full details of Email Newsletter Banner Advertisements. e) Job Postings Employers/Recruitment agencies in posting jobs will comply with all applicable local, national and international laws, including but not limited to the General Data Protection Regulations (GDPR) and the Equality Act 2010. In addition to the content standard outlined above, a job posting must not: - contain more than one job or job description, more than one location or more than one job category - be a duplicate of another live job - contain any web links to other websites - contain any telephone numbers/emails except in the telephone number/email fields - name towns, districts, counties that are unrelated to the job - name companies/organisations that are unrelated to the job - directly or indirectly require or ask for application or registration fees - advertise sexual services or seek employees for jobs of a sexual nature The job description cannot be edited once posted. Job credits, unless otherwise agreed, will be valid for 1 year. We cannot guarantee that each job will be posted to our entire job network. Click here for details of Job Postings. Duration of agreements The start date and duration of Features, Banner Advertisements, Enhanced / Premium / Platinum Service, Sponsored Service will be agreed by both Advertiser and Tomorrow’s Guides and to be confirmed via email correspondence between Tomorrow’s Guides and Advertiser. The duration of the agreement will be for 1 year unless otherwise agreed, except for Banner Advertisements on the Email Newsletter, which have a duration of 1 month unless otherwise agreed. Job Postings go live as soon as they are posted and then are displayed for 30 days. Without limiting its other rights or remedies, Tomorrow's Guides may terminate these terms at any time by giving to the Advertiser no less than one (1) months' prior written notice. On termination of these terms: (a) the Advertiser will, where applicable, immediately pay to Tomorrow's Guides any fees that have accrued from the start date of the Advertisements to the date of termination; and (b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry. Content, display, placement and links The Advertiser will ensure any Advertisements it wishes Tomorrow’s Guides to use will be delivered to Tomorrow’s Guides in a timely manner and in any event on or before such date as Tomorrow's Guides may notify the Advertiser in writing from time to time and the Advertiser shall be solely responsible for delivering the Advertisements to Tomorrow's Guides. Where Tomorrow’s Guides considers an Advertisement to be unsuitable or contrary to these terms, it may, without any liability to the Advertiser, reject, remove or require any Advertisement (or part of it) to be amended. The Advertiser represents, warrants and undertakes to Tomorrow’s Guides that: (a) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading; (b) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement; (c) the Advertisements are legal, decent, honest and truthful, and comply with all applicable laws, regulations or codes of practice; and (d) the Advertisements are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights). Where the Advertiser is an advertising agency or media buyer, the Advertiser further warrants that it is authorised by the advertiser of a product or service to place the Advertisement with Tomorrow’s Guides and the Advertiser will compensate Tomorrow’s Guides for any claim made by such advertiser against Tomorrow’s Guides. The placement of Banner Advertisements will be agreed in advance in writing by both the Advertiser and Tomorrow’s Guides. Banner Advertisements will link to the listing page of the Advertiser, unless otherwise agreed. If it is agreed that the Banner Advertisements should link direct to the Advertisers website, the link of the Banner Advertisement will have a no follow attribute and will pass through a gateway page so that Tomorrow’s Guides can track website statistics. For Enhanced / Premium / Platinum Services and Sponsored Services, the links on the profile pages will have a no follow attribute and will pass through a gateway page so that Tomorrow’s Guides can track website statistics. Fees and payment The prices for the Advertisements will be set out in the quotation provided by Tomorrow's Guides, and all prices quoted are exclusive of VAT. Tomorrow’s Guides reserves the right to change the prices at any time. Once an order for an Advertisement has been received the order is non-cancellable and non-refundable. All Advertisements on our site will be invoiced on date of agreement, unless otherwise agreed. All invoices are payable within 30 days from the date of invoice and time for payment is of the essence. Tomorrow’s Guides may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising, as required under these terms. Without limiting any other right or remedy of Tomorrow’s Guides, if the Advertiser fails to make any payment due to Tomorrow’s Guides under these terms by the due date for payment, Tomorrow’s Guides shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current Bank of England's base rate accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly. All fees are non-refundable and will not be pro-rated should Advertiser decide to discontinue the display of an Advertisement. Projected Placement or Enquiry/Referral Figures Please note any projected placement or enquiry/referral figures are for guideline purposes only. The actual figures may vary and we cannot guarantee placements or enquiries/referrals. Rights Notwithstanding the other terms and conditions on Tomorrow’s Guides' site, the Advertiser acknowledges and agrees that Tomorrow's Guides owns the intellectual property rights in all Advertisements written or designed by it, or on its behalf. The Advertiser grants to Tomorrow’s Guide a non-exclusive, royalty-free, irrevocable licence to: (a) use the Advertiser’s names, trade marks and/or logos as Tomorrow's Guides may consider reasonably necessary for the purposes of publishing the Advertisements; and (b) reproduce the Advertisements in any media at any time. Non Exclusivity All agreements are non-exclusive, meaning Tomorrow’s Guides may have Advertisements from several parties appearing on its site at the same time. Service interruptions Tomorrow’s Guides will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault. Data Protection Advertisers shall at all times comply with the requirements of the General Data Protection Regulations (GDPR) in respect of any data including data relating to their customers and relatives of their customers used in requesting and obtaining feedback. Truth in advertising / indemnification for liability The Advertiser is solely responsible for any liability arising out of or relating to Advertisements (as the case may be) and the use and/or publication of them, and/or any material to which users can link through to. The Advertiser represents and warrants that any information found on URLs hyperlinked from Advertisements will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trade mark, trade secret, image or other proprietary or confidential information or property right, false advertising, unfair competition, defamation, invasion of privacy or rights, violation of any anti discrimination law or regulation, or any other right of any person or entity. The Advertiser agrees to indemnify Tomorrow’s Guides and to hold Tomorrow’s Guides, and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by Tomorrow’s Guides, arising out of or related to the Advertiser’s breach of any representations and warranties in these terms. Limitation of liability Tomorrow's Guides' liability for losses suffered by the Advertiser as a result of a breach of these terms by Tomorrow’s Guides is strictly limited to the price paid for the Advertisements. Tomorrow’s Guides’ liability for losses suffered by the Advertiser as a result of a breach of these terms by Tomorrow’s Guides is strictly limited to liability in respect of claims brought within one year of the date of the invoice for the Advertisement. To the fullest extent permitted by law, Tomorrow’s Guides expressly excludes any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or an Advertisement, and also excludes, without limitation, any liability for: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; (g) wasted management or office time; and (h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect Tomorrow’s Guides’ liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Severability If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. Governing law Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement. 5) TERMS & CONDITIONS OF THE CV SEARCH FOR EMPLOYERS/RECRUITMENT AGENCIES Duration of Agreement & CV Search Format The start date and duration of the CV Search will be agreed by both Tomorrow’s Guides (publishers of carehome.co.uk) and the Employer/Recruitment Agency and be confirmed via email correspondence between Tomorrow’s Guides and the Employer/Recruitment Agency. The duration of the agreement will be for 1 year unless otherwise agreed. Tomorrow’s Guides reserves the right at any time to change the format of the CV Search. Use of the CV Search Employers/Recruitment agencies in using the CV Search will comply with all applicable local, national and international laws, including but not limited to the General Data Protection Regulations (GDPR) and the Equality Act 2010. The CV search can only be used for recruitment purposes. The carehome.co.uk CV Search shall not be used: - for any purpose other than as an employer/recruitment agency seeking employees - to market or direct sell to candidates - to source candidates or to contact job seekers in regards to career fairs - to contact job seekers in regard to jobs of a sexual nature You agree not to further disclose any of the data to any third party unless you are a recruitment agency using the CV database explicitly for employment purposes. You shall take appropriate measures to protect the data you obtain from the carehome.co.uk CV database. You agree not to share log in details/access to the CV Search with any third party. You agree not to use any automated computer program to search for and/or download information on candidates. The number of CV downloads is subject to a ‘CV Download Quota’ of 100 per day per user. This limit may be amended at carehome.co.uk’s sole discretion from time to time. The following count as a 'CV Download': (i) downloading a candidate's CV from the Website onto any computer device such as a PC, phone or tablet computer; (ii) viewing a candidate's contact details on the candidate profile page (viewing a candidate's profile will not be considered as a CV Download); (iii) a CV attachment received as part of an email alert or emailed to self from website; (iv) sending a message to a candidate via the website. Breaching any of the above, will result in the removal of your account without further notice. Fees & Payment The prices for the CV Search will be set out in the quotation provided by Tomorrow's Guides, and all prices quoted are exclusive of VAT. Tomorrow’s Guides reserves the right to change the prices at any time. Once an order for a CV Search has been received the order is non-cancellable and non-refundable. Tomorrow's Guides shall invoice the subscriber to the CV Search in advance (unless otherwise agreed). Tomorrow’s Guides may suspend without further notice access to an account for any subscriber who has not paid any sums due for the CV Search subscription. Without limiting any other right or remedy of Tomorrow’s Guides, if the subscriber fails to make any payment due to Tomorrow’s Guides under these terms by the due date for payment, Tomorrow’s Guides shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current Bank of England's base rate accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly. All fees are non-refundable and will not be pro-rated should the subscriber decide to discontinue using the CV Search. Service interruptions Tomorrow’s Guides will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of using the CV Search, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault. Data Protection Advertisers shall at all times comply with the requirements of the General Data Protection Regulations (GDPR) in respect of any data including data relating to their customers and relatives of their customers used in requesting and obtaining feedback. Indemnification for liability The subscriber to the CV Search is solely responsible for any liability arising out of or relating to use of the CV Search. The the Employer/Recruitment Agency agrees to indemnify Tomorrow’s Guides and to hold Tomorrow’s Guides, and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by Tomorrow’s Guides, arising out of or related to the Employer/Recruitment Agency’s breach of any representations and warranties in these terms. Limitation of liability Tomorrow's Guides' liability for losses suffered by the Employer/Recruitment Agency as a result of a breach of these terms by Tomorrow’s Guides is strictly limited to the price paid for the CV Search subscription. Tomorrow’s Guides’ liability for losses suffered by the Employer/Recruitment Agency as a result of a breach of these terms by Tomorrow’s Guides is strictly limited to liability in respect of claims brought within one year of the date of the invoice for the CV Search. To the fullest extent permitted by law, Tomorrow’s Guides expressly excludes any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or use of the CV Search, and also excludes, without limitation, any liability for: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; (g) wasted management or office time; and (h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect Tomorrow’s Guides’ liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Severability If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. Governing law Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement. 6) TERMS & CONDITIONS OF REVIEW WIDGETS The Review Widget refers to the carehome.co.uk Review Widgets and the Facebook Review App. By installing the carehome.co.uk Review Widget and using it to display carehome.co.uk content you agree to the terms set out below. Carehome.co.uk grants you a non-exclusive licence to use the Review Widget to display the carehome.co.uk content only. All rights including intellectual property rights in the Review Widget and carehome.co.uk content remain the property of carehome.co.uk. You may not directly or indirectly attempt to re-sell, redistribute, syndicate or otherwise commercialise the Review Widget or its content in any way. You will not cause, permit or authorize any modification of the carehome.co.uk Review Widget, which includes separation into component parts or creation of derivative works. With the exception of links, you may not directly or indirectly change, edit, add to, copy or extract content from or produce summaries of the carehome.co.uk Review Widget or any content on carehome.co.uk. In particular, you will not display any carehome.co.uk ratings or reviews on your website outside of the carehome.co.uk Review Widget. The Review Widget and carehome.co.uk content is made available on an "as is" and "as available" basis. Should you download, install and use the Review Widget and access the carehome.co.uk content, it is at your own discretion and risk. Carehome.co.uk has absolute editorial control over the Review Widgets and carehome.co.uk content, which carehome.co.uk may modify, in whole or in part, at any time without prior notice. Carehome.co.uk does not warrant that the Review Widget is free from inaccuracies, errors, viruses or defects. You may not directly or indirectly suggest any endorsement or approval by carehome.co.uk of your website, product or content or any views expressed within your website or service. The Review Widget is designed to be used in conjunction with the carehome.co.uk website. Accordingly, use of the widget is also governed by the carehome.co.uk website's Terms & Conditions. You acknowledge that it is a best practice for your website to have a privacy policy in place and such privacy policy should permit the use of end users' information in accordance with this agreement, and comply with any applicable laws and regulations. To the extent permitted by law, carehome.co.uk gives no warranty of any kind (implied, statutory or otherwise) in relation to the Review Widget, carehome.co.uk content or the carehome.co.uk website and carehome.co.uk shall not be liable for any loss or damage arising form or connected to the Review Widget or carehome.co.uk content. You are advised to take all reasonable precautions to protect your computer from virus infection. Carehome.co.uk may change or remove the carehome.co.uk content at its sole discretion and may block use of the Review Widget if you breach these terms. You may terminate this agreement and the license granted herein at any time by removing all copies of the Review Widget from your site, all hard drives, networks and other storage media. Carehome.co.uk may restrict, suspend or terminate the Review Widget, this agreement, the license granted herein or your access to any Review Widget or carehome.co.uk website at any time with or without reason. You agree to remove all copies of the Review Widget in use upon receiving notice of termination from carehome.co.uk. These terms shall be interpreted in accordance with the laws of England and subject to the exclusive jurisdiction of the English Courts. In the event you receive any enquiries which relate to carehome.co.uk or the Review Widget, please contact us promptly at info@carehome.co.uk. 7) PRIZE DRAWS 1. Entrants into the Prize Draw shall be deemed to have accepted these Terms and Conditions. 2. Employees or agencies of Tomorrow’s Guides ("TG") or their family members, or anyone else connected with the Prize Draw are not eligible to win. 3. The prize draw is open to people aged 18 and over and resident in the UK who provide their email address. 4. To enter the Prize Draw you must follow the rules of the promotion and submit your email address. No purchase is necessary. 5. Only one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed. 6. TG accepts no responsibility for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of the entry is not proof of receipt by TG. 7. The closing date of the Prize Draw is stated at the end of the promotion. Entries received after this time will not be considered. 8. One winner will be chosen from a random draw of entries received in accordance with these Terms and Conditions. The draw will be performed by a random process and will take place one working day after the closing date. 9. The winner will receive a prize stated on the promotion. 10. The winner will be notified by email within 5 working days of the closing date and must provide a postal address to claim their prize. If a winner does not respond to TG within 14 days of being notified, then the winner's prize will be forfeited and TG shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 14 days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winner's prize will be forfeited and Tomorrow’s Guides shall be entitled to select another winner. 11. TG will contact the winner of the prize to arrange the most efficient distribution method. 12. After the draw takes place, the name and town/city/county of the winner may be announced on any or all of the following: carehome.co.uk social media, the carehome.co.uk newsletter, the carehome.co.uk website. 13. The prize is non-exchangeable, non-transferable, and is not redeemable for any other prizes. 14. TG retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available. 15. TG reserves the right to withdraw this offer or amend these Terms and Conditions at any time without notice. In the event of any dispute regarding the Terms and Conditions, the conduct, results and any other matters relating to this prize draw, the decision of the Promoter shall be final and no correspondence or discussion shall be entered into. 8) INVITE TO REVIEW: DATA PROCESSING TERMS 1. Definitions 1.1. In this section; Invite to Review: Data Processing Terms; the following terms shall have the meanings given to them below: “Data Processing Details” means the details listed in the table at the end of this section; “Data Protection Legislation” means all laws, regulations, legislative and regulatory requirements and codes of practice applicable to the Processing of Personal Data including, without limitation, the UK Data Protection Act 1998 and any regulations, instruments or codes of practice issued pursuant to that Act, Directive 95/46/EC of the European Parliament and of the Council of October 24 1995 and any successor legislation replacing, repealing or amending those laws, including the GDPR; “Effective Date” means the date of your Order “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; “Order” means your order for the Services; “our Personnel” means our employees and individual sub-contractors; “Services” means the Invite to Review service to be provided to you under the Order; and “you” or “your” means the entity placing the Order; and “your Personal Data” means Personal Data which is Processed on behalf of you as described in further detail in the Data Processing Details; 1.2. “Controller”, “Data Subjects”, “Personal Data”, “Processor” and “Processing/Process” shall have the meanings given to them in the Data Protection Legislation applicable from time to time. 2. Processing 2.1. The subject matter, nature and purpose and duration of the Processing of your Personal Data under the Order is set out in the Data Processing Details. 2.2. You are a Controller and we are a Processor of your Personal Data. 2.3. You instruct us to Process your Personal Data as required to perform the Services in accordance with the Order. 3. Your obligations in relation to Processing of your Personal Data 3.1. You shall comply with all your obligations as a Controller under the Data Protection Legislation in respect of your Personal Data. 3.2. Without prejudice to the generality of Section 3.1, you shall ensure that the Processing of your Personal Data by us in accordance with the Agreement is lawful for the purposes of the Data Protection Legislation. 4. Our obligations in relation to Processing of your Personal Data 4.1. We shall: 4.1.1. Process your Personal Data only pursuant to and in accordance with written instructions from you, which are set out in Clause 2.3 above; 4.1.2. Process your Personal Data only as necessary for the purposes of performing the Services in accordance with the Order; 4.1.3. Process your Personal Data in compliance with all its obligations as a Processor under applicable Data Protection Legislation; 4.2. We shall not transfer any your Personal Data to any place outside the European Economic Area unless and until the following conditions are fulfilled: 4.2.1. we take all steps necessary to ensure that at least one of the conditions required by the Data Protection Laws for transfers of personal data outside the European Economic Area (a “transfer mechanism”) is complied with in respect of such transfer; and 4.2.2. we provide you with written evidence of such transfer mechanism(s) upon request; 4.3. We shall: 4.3.1. ensure that access to your Personal Data is limited to our Personnel who have a reasonable need to access your Personal Data to enable us to perform our obligations under the Order and is limited to such part or parts of your Personal Data as are strictly necessary; 4.3.2. take reasonable steps to ensure the reliability of any of our Personnel who have access to your Personal Data including without limitation ensuring that all our relevant Personnel are informed of the confidential nature of your Personal Data and agree to treat it as confidential information, have undertaken training in the laws relating to handling Personal Data, and are aware of our duties in respect of your Personal Data; 4.3.3. have in place appropriate security measures (both technical and organisational) which comply with the security requirements of the Data Protection Legislation applicable from time to time; 4.3.4. not engage any third party to process your Personal Data without your prior specific or general written authorisation. Any third party providers listed in the Data Processing Details shall be deemed to have been authorised by you. You also now generally authorises us to engage third parties to process your Personal Data in connection with the Services; in the case of a general written authorisation, we shall inform you at least 14 days in advance of any intended changes concerning the addition or replacement of any third party subcontractor, and if you object to any such changes before their implementation, then the parties will discuss the objection and attempt to agree a mutually acceptable resolution in good faith; 4.3.5. ensure that where we engage a subcontractor to Process any of your Personal Data, this will be subject to a written agreement between us and the sub-contractor that imposes equivalent obligations on the sub-contractor as are imposed on us under this Addendum; 4.3.6. assist you in responding to requests from Data Subjects relating to the exercise of their rights under Data Protection Legislation in relation to your Personal Data; 4.3.7. provide you with any relevant information necessary to enable you to comply with your obligations under Data Protection Legislation in relation to security, breach notification, data protection impact assessments and prior consultation in relation to your Personal Data. We may charge you at our standard time-based charging rates for any work performed by us at your request pursuant to Clauses 4.3.6 and 4.3.7. 4.4. We shall notify you as soon as practicable: 4.4.1. of any accidental or unlawful loss, alteration, destruction, unauthorised disclosure of, or access to, any of your Personal Data, in which case we shall provide you with any relevant information available to us in order to assist you with its obligations under Data Protection Legislation in relation to the security breach; 4.4.2. if we receive any complaint or regulatory notice which relates to the Processing of any of your Personal Data; 4.4.3. if we receive any request from a Data Subject relating to their rights under the Data Protection Legislation in respect of your Personal Data relating to them; or 4.4.4. if we consider that an instruction from you infringes applicable Data Protection Legislation. 4.5. Upon termination or expiry of the Order, or at the point at which we cease to perform the Services for you, we shall delete and/or return any your Personal Data stored within our systems or otherwise in our possession in accordance with the retention and deletion procedure detailed in the Data Processing Details. 4.6. Notwithstanding anything else in this Section, we may Process your Personal Data otherwise than in accordance with your instructions if and to the extent that it is required, by any applicable law to which we are subject, to Process your Personal Data otherwise than in accordance with your instructions, provided that we inform you of that legal requirement before carrying out such Processing unless prohibited by that law from doing so. 4.7. We shall make available to you all information necessary to demonstrate our compliance with our obligations under this Section, which may (without limitation) be done by making such information available via our website. We shall permit you or a third party auditor appointed by you to carry out audits of our systems and processes for the purpose of verifying our compliance with our obligations under this Section, and to contribute to such audits, provided that: 4.7.1. you give reasonable written notice of any audit to us; 4.7.2. any audit takes place within our normal working hours; 4.7.3. audits take place no more than once a year; 4.7.4. all personnel who carry out the audit sign appropriate confidentiality agreements; 4.7.5. you pay any of our reasonable costs incurred in connection with an audit, unless the audit reveals that we are in breach of its obligations under this Section; and 4.7.6. the personnel shall have no right to direct, and we shall have no obligation to carry out, any act in pursuance of an audit which would be a breach of Data Protection Legislation. 5. Limitations of liability 5.1. We shall have no liability to you for any losses or damages arising as a result of: 5.1.1. you failing to comply with your obligations under this Section; 5.1.2. your breach of Data Protection Legislation; and 5.1.3. us complying with any instruction given by you in relation to the Processing of your Personal Data. 6. Changes in Data Protection Legislation 6.1. If any changes or prospective changes to the Data Protection Legislation or the United Kingdom’s exit from the European Union or European Economic Area result or will result in one or both Parties not complying with the Data Protection Legislation in relation to Processing of your Personal Data carried out under the Order, then the Parties shall use their best endeavours promptly to agree such variations to this Addendum and/or the Order as may be necessary to remedy such non-compliance. DATA PROCESSING DETAILS Subject matter of Processing: your Personal Data is Processed by us in connection with providing the Services to you pursuant to the Order. Nature of Processing: The Processing of your Personal Data will be a substantial, necessary and integral part of the performance of the Services. Purpose of Processing: Provision of the Services. Duration of Processing: The Processing will take place during the term of the Order. Categories of Data Subjects: Residents/Service Users and their Family/Friends. Types of Personal Data that may be Processed: The types of Personal Data may include name, contact details (including phone number and email), IP address and other online identifiers and connection to the provider. Approved sub-Processors: We use the following organisations as third party sub-processors: Microsoft Azure (server hosting), BackupVault (database back up) and AuthSMPT (email provider). Retention & Deletion Process: - We will retain the email address for 12 months from date of sending email so that as part of the service we can report on where a review has been made and also prevent the people being emailed more than once in a 3 month period - If an email that has been uploaded is not used after 2 days, we will automatically delete the email - After 12 months from date of sending an email, we delete the email address, unless the email address has an opt out. We will keep this suppression list for 6 years from date of opt out to prevent a further email being sent - You can request for an email address to be deleted at any time - If we receive a request for erasure, we will opt them out of the email and inform the person that they need to make the request for erasure to you as you are the data controller. It is your obligation to ensure that you do not provide us with their details again Care Search Care Homes Extra Care Housing Adult Day Care Centres Mental Health Hospitals Groups Awards Submit a Review Care Advice Care Advice Overview Fees Advice Who Pays for What Job Search Jobs Register CV Jobs Advice Industry Resources Products & Services Care Home For Sale Training Courses News & Events My Account Account Care Seekers My Folder My Saved Folders Recently Viewed Care Homes Job Seekers My Jobs Folder My Saved Job Folder Recently Viewed Jobs carehome.co.uk About carehome.co.uk Promote your Care Home Promote your Products/Services to Care Homes Support Centre for Care Providers TERMS & CONDITIONS PRIVACY POLICY & COOKIES © 2021 CAREHOME.CO.UK