• My Health Terms And Conditions
    • myhealth@QEHB – Terms of Use v3.01

      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 myhealth@QEHB (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 to these terms of use, please refrain from using our site.

      Information about us

      myhealth@QEHB is a site operated by University Hospitals Birmingham NHS Foundation Trust ("We"). We are regulated by Monitor (the independent regulator of NHS Foundation Trusts) and the Care Quality Commission, and have our principal office at Trust Headquarters, P.O.Box 9551, Morris House, Mindelsohn Way, Birmingham B15 2PR.

      Accessing our site

      Access to our site and the service we provide on our site is subject to withdrawal or amendment 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.

      You will be provided with a user identification code and a unique identification code to permit the creation of a personal password as part of our security procedures. You must treat such information, or any other piece of information used as part of security procedures, as confidential, and you must not disclose it to any third party, other than specific individuals to whom you have given access to your user account on our site. You should only give access to individuals who you wish to assist you with managing your care. If you allow others to access our site using your user identification code and password, they will be able to access all of your personal information and upload material as if they were you. You are responsible for ensuring that all persons who access our site through your internet connection or using your user identification code and password are aware of these terms, and that they comply with them. We do not accept any liability for any breach of confidence that might arise as a result of you permitting access to third parties. If you later decide that you no longer wish for others to access our site using your user identification code and password, you should change your password.

      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.

      When using our site, you must comply with the provisions of our acceptable use policy.

      You are responsible for making all arrangements necessary for you to have access to our site.

      Intellectual property rights

      We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

      You may print off copies, and may download extracts, of any page(s) from our site for your personal reference. 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.

      If you print off, copy or download any part of 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.

      We welcome feedback or other suggestions about, myhealth@QEHB but we shall not be under any obligation to compensate you for using any suggestions you make.

      Reliance on information posted

      Other than advice specifically addressed to/relating to you, 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.

      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 and third parties connected to us hereby expressly exclude:

      • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
      • 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:
      • loss of income or revenue;
      • loss of business;
      • loss of profits or contracts;
      • loss of anticipated savings;
      • loss of data;
      • loss of goodwill;
      • wasted management or office time; and
      • 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 liability for death or personal injury arising from our negligence or for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

      Information about you and your visits to our site

      We process information about you in accordance with our privacy policy. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. The information collected using cookies will be attributable to your user identification code but will not contain any clinical information. By using our site, you consent to such processing, including the use of cookies, and you warrant that all data provided by you is accurate.

      Communications conducted through our site

      Where our site allows you to send a message to one of our clinicians we do not guarantee a response, in cases where urgent care is required users are advised to contact their GP or local Accident and Emergency Department. Where our site allows you to raise an administrative query, we do not guarantee a response.

      Where you choose for your user details to be available to other users, you are allowing them to contact you via the details displayed. We are not liable for the communications received by users due to their publications within the My Bio section of our site. You are responsible for any communications you conduct with other users of myhealth@QEHB.

      Uploading material to our site

      Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

      Any material uploaded to our site will not form part of your patient record unless it is specifically incorporated into your record by a University Hospitals Birmingham NHS Foundation Trust clinician. In the event you consider information within your record is incorrect please contact us and this will be noted on your record. The discretion to record corrected information is held exclusively by us.

      We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

      We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

      Acceptable Use Policy

      In order to ensure that myhealth@QEHB is safe for users, we require that users do not:

      • upload material that is not connected with their healthcare;
      • upload excessive amounts of material;
      • send or otherwise post unauthorised commercial communications (such as spam) or engage in any form of marketing on myhealth@QEHB;
      • collect content or information relating to other users, or otherwise access myhealth@QEHB, using automated means (such as harvesting bots, robots, spiders, or scrapers);
      • upload viruses or other malicious code;
      • solicit login information or access an account belonging to someone else;
      • bully, intimidate, or harass any user;
      • post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity (save for the inclusion of clinical photography) or graphic or gratuitous violence;
      • use myhealth@QEHB to do anything unlawful, defamatory, misleading, malicious, or discriminatory;
      • do anything that could disable, overburden, or impair the proper working of myhealth@QEHB, such as a denial of service attack.
      • Upload content from myhealth@QEHB onto social media
      • Participate in their myVirtualClinic appointment in a noisy environment
      • Participate in their myVirtualClinic appointment with friends/relatives or carers unless you consent to do so, and your consent must be made clear to your healthcare professional at the start of the appointment

      Termination

      If you breach these terms of use, we reserve the right to terminate your user account with immediate effect.

      Ceasing use of myhealth@QEHB

      If you have not used your user account for a period of in excess of 3 months, you will be contacted by email. If no response is received to this email within 1 month, your user account will be deleted.

      In the event of the death of a user of our site, their access to myhealth@QEHB will terminate. We will not permit continuing access to our site by any other person, including nominated carers.

      If your user account is to be deleted because of disuse, your request or a breach of these terms, any information uploaded by you will be deleted. Information incorporated into your patient record will not be deleted.

      When any uploaded material is deleted, either by you or us, it is deleted in a manner similar to emptying the recycle bin on a computer. However, removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

      Viruses, hacking and other offences

      You must not misuse our site by knowingly 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. 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

      Our site must not be framed on any other site, nor may you create a link to any part of our site.

      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.

      Territory

      We do not permit access to myhealth@QEHB from all countries. Please contact myhealthsupport@uhb.nhs.uk for further information about overseas access.

      Trade marks

      myhealth@QEHB is a UK trade mark of University Hospitals Birmingham NHS Foundation Trust (registration pending).

      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 myhealthsupport@uhb.nhs.uk. Thank you for visiting our site.

      Privacy Policy

      University Hospitals Birmingham NHS Foundation Trust ("We") publish this policy as a commitment to protecting and respecting your privacy.

      This policy (together with our terms of use and any other documents referred to in it) provides the basis on which any personal data We collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our practices regarding your personal data.

      For the purpose of the Data Protection Act 2018 (the Act) and the EU GDPR, the data controller is University Hospitals Birmingham NHS Foundation Trust of Trust Headquarters, Mindelsohn Way, Queen Elizabeth Medical Centre, Edgbaston, Birmingham B15 2GW.

      We keep records about health care and treatment patients receive including audio recordings from myVirtualClinic appointments; this helps ensure that patients receive the best possible care from us. Everyone working for the NHS must comply with the common law duty of confidence. Therefore information you provide in confidence will only be used for the purpose advised and consented to by you, unless there are other circumstances requiring disclosure by law. Information about you held by us will be held in accordance with the Act.

      Our legal basis for processing your personal information is for the purposes of the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (Chapter 2.8) and the provision of health or social care or treatment or the management of health of social care systems and services (under Schedule 1 Part 2 of the Act)

      Information we may collect from you

      We may collect and process the following data about you:

      • Information that you provide by filling in forms on myhealth@QEHB (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
      • If you contact us, we may keep a record of that correspondence.
      • User details and activity may be retained for the audit purposes as required by us. We may also ask you to complete surveys that we use for research or service improvement purposes, although you do not have to respond to them.
      • We may approach you if there are medical research studies that you may wish to participate in.
      • Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise and the resources that you access.

      IP Addresses

      We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns.

      Cookies

      Our website uses cookies to distinguish you from other users of our website. Access to our site requires users to consent to the use of Cookies. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. Some of the cookies we use collect information about how visitors use our site.

      A cookie is a small text file that is placed on your computer when you visit a website. Cookies help websites function usefully and can provide information to website owners. Cookies do not place viruses on your computer and cannot run programs. The information collected using cookies will be attributable to your user identification code but will not contain any clinical information.

      Cookie name Purpose How long we hold this for.
      SessionID An internal unique identifier that ensures all activity is associated with a unique session Till you logout of myhealth or close your browser or session expires on standard idle time (20 mins)
      MyHealthFormAuth An encrypted value that ensures that the user has been correctly authenticated This is used only to display accept cookie popup and stores on users browser for 365 day to hide cookie popup or untill user clears browser data.

      Where we store your personal data

      All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. The transmission of information via the internet is not completely secure. We have used a number of measures to make our site as secure as possible, however we cannot guarantee the security of your data transmitted to our site; any transmission including, for example, viewing documents or downloading documents is at your own risk - Once we have received information from you, we will use strict procedures and security features to prevent unauthorised access.

      Uses made of the information

      We use information held about you in the following ways:

      • To ensure that content from our site is presented in the most effective manner for you and for your computer.
      • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
      • To carry out our obligations arising from any contracts entered into between you and us.
      • To allow you to participate in interactive features of our service, when you choose to do so.
      • To notify you about changes to our service.

      Furthermore we may need to share information from your health records with other non-NHS organisations from which you are also receiving care (for example Social Services). Such a disclosure will not be made without your consent unless there are exceptional circumstances (for example the health and safety of others is at risk or the law requires a disclosure). We may be asked to share basic information about you, such as your name and address. The disclosure of such information which does not include sensitive information will normally be to assist the authority in carrying out their statutory duties. In this instance where it is not practical to obtain your consent, we are informing you through this privacy policy. For further information, please refer to the Trust Privacy Notice.

      If you are a new user, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means.

      Disclosure of your information

      We may disclose your personal information to third parties, if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of University Hospitals Birmingham NHS Foundation Trust, our patients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

      Your rights

      Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

      The Act gives you certain rights, including the right to:

      • access information held about you,
      • request the correction of inaccurate or incomplete information recorded in our health records (subject to certain safeguards),
      • refuse/withdraw consent to the sharing of your information,
      • request your personal information to be transferred to other providers on certain occasions,
      • object to the use of your personal information,
      • challenge any decision made without human intervention
      • ask us to restrict the use of your information where appropriate.

      For full details of your right please consult the Trust’s privacy notice. .

      Changes to our privacy policy

      Any changes we may make to our privacy policy in the future will be posted on this page and the Trust Privacy Notice.

      Contact

      Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to myhealthsupport@uhb.nhs.uk

Delivering the best in care

© University Hospitals Birmingham NHS Foundation Trust 2019