SystmOnline - EULA and Privacy Policy

SystmOnline EULA and Privacy Policy

Introduction

SystmOnline is an application to permit patients and their nominated proxies to access the patient facing services provided by TPP, which include appointment making, prescription ordering, access to your medical information and messaging to the organisation providing you with health and / or social care.

SystmOne is the application that is used by the health and / or social care organisation providing you with access to SystmOnline. It is used to record your medical history and to support clinical and administrative functions within that organisation.

End User License Agreement

Please read this agreement carefully. By using, downloading and installing SystmOnline (which will hereby consist of both the SystmOnline web service and SystmOnline app unless otherwise specified) from TPP (“TPP”), you agree to the following terms and conditions which include the Privacy Policy set out in section 3 below (“Terms and Conditions”). This agreement is made solely between you and TPP.

We may change these Terms and Conditions (including the Privacy Policy) from time to time. A notification will be posted to TPP’s SystmOnline website (located at https://systmonline.tpp-uk.com/Login) if a new version of these Terms and Conditions is released.

Use of SystmOnline

1.1 In consideration of you agreeing to abide by these Terms and Conditions, TPP grants you a non-exclusive, non-transferable, limited license to install and use SystmOnline solely and exclusively for your personal use. TPP reserves all other rights.

1.2 You may not use SystmOnline in an unlawful manner or any manner that could damage, disable, overburden, or impair SystmOnline (or servers or networks connected to SystmOnline), nor may you use SystmOnline in any manner that could interfere with any other party’s use and enjoyment of SystmOnline (or servers or networks connected to SystmOnline). You may not use SystmOnline to transmit any material that is defamatory, offensive or otherwise objectionable.

1.3 You agree that you are solely responsible for (and that TPP has no responsibility to you or to any third party for) your use of SystmOnline, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which TPP may suffer) of any such breach.

1.4 In the case of any abuse of SystmOnline, TPP or your registered GP practice reserve the right to revoke your access to SystmOnline immediately and without notice.

1.5 Abuse of SystmOnline includes without limitation: registering at a GP practice when you have no intention of using it as your usual GP practice, registering at a GP practice outside your catchment area, booking appointments you have no intention of attending, repeatedly booking and then cancelling appointments, repeatedly requesting prescriptions that you do not need.

1.6 You agree that you will not, and will not allow any third party to, copy, sell, rent, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from SystmOnline or any other TPP Intellectual Property that may be presented or accessed through SystmOnline for any purpose.
Intellectual Property Ownership

2.1 You acknowledge that SystmOnline contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and TPP owns all right, title and interest in and to SystmOnline and content, excluding content provided by you, that may be presented or accessed through SystmOnline, including without limitation all Intellectual Property Rights therein and thereto.

2.2 “Intellectual Property Rights” means all intellectual and industrial property rights of any kind whatsoever including any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Privacy

3.1 TPP may request or collect certain information about you when you use SystmOnline. TPP’s Privacy Policy (located at https://systmonline.tpp-uk.com/privacy.html) is incorporated into these Terms and Conditions by reference and explains how TPP treats your information and protects your privacy when you use SystmOnline. You agree to the use of your data in accordance with TPP’s Privacy Policy.
Support and Maintenance and Contact

4.1 Any technical issues you experience with SystmOnline can be reported to TPP via this form.

4.2 Any clinical issues must be reported to your registered GP practice, who may contact TPP on your behalf if necessary. Under no circumstances should clinical issues be reported to TPP directly.

4.3 TPP’s contact details are: TPP, 129 Low Lane, Horsforth, Leeds, LS18 5PX (0113 20 500 80).
Indemnity

5.1 You agree to defend, indemnify and hold harmless TPP, its affiliates and their respective directors, officers, employees and agents from and against any and all liabilities, direct, indirect and consequential losses, damages, claims, proceedings and legal costs (on an indemnity basis), judgments and costs (including costs of enforcement) and expenses which TPP, its affiliates and their respective directors incur or suffer directly or indirectly in any way whatsoever arising out of your violation of the Terms and Conditions.
Warranties

6.1 You warrant that you will use SystmOnline responsibly and comply with the terms of use in Clause 1 of the Terms and Conditions.

6.2 TPP does not warrant that the operation of SystmOnline will be uninterrupted or that the functions contained within SystmOnline will meet your requirements. You understand and agree that your use of SystmOnline is at your sole discretion and risk. You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from your use of SystmOnline.

6.3 To the extent permitted by law TPP excludes all warranties, conditions, representations or other terms of any kind which may apply to SystmOnline whether express or implied.
Limitation of Liability

7.1 Nothing in these Terms and Conditions excludes or limits TPP’s liability for death or personal injury arising from its negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

7.2 Subject clause 7.1, in no event will TPP its subsidiaries and affiliates be liable to you for any indirect, incidental, special, consequential loss or punitive damages and in no event will TPP be liable to you for (whether in each case direct, indirect or consequential):
- 7.2.1 damage to your mobile device, or any other device on which you use SystmOnline; or
- 7.2.2 claims from third parties
- 7.2.3 costs of procurement of substitute products or services;
even if in each of the cases above TPP or its representatives have been advised of the possibility of such damages or should have been aware of the possibility of any such losses arising.

7.3 Subject to clause 7.1, TPP’s maximum aggregate liability to you under or in connection with these Terms and Conditions whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100.

7.4 Under the GP Systems of Choice programme, TPP has a framework agreement with the Secretary of State for Health and call off agreements with organisations who order services on behalf of GPs ("GPSoC Contracts"). The scope of provisions in the GPSoC Contracts includes accreditation, deployment and provision of services, including patient facing services. If your GP has provided you with access to these services, then the services you are using are likely to fall under the scope of the GPSoC Contracts. The GPSoC Contracts deal with TPP’s liability for breaches of obligations and standards in relation to the services and nothing in TPP’s end user terms or privacy policies shall affect that liability or any other provisions set out in the GPSoC Contracts. In the event of any conflict between the GPSoC Contracts and TPP’s end user terms or privacy policies, the GPSoC Contracts shall prevail.
Termination

The Terms and Conditions will continue to apply until terminated by either you or TPP. TPP reserves the right to immediately cease providing SystmOnline at any time without notice. You may terminate the Terms and Conditions at any time by contacting your registered GP Practice with a request to unregister for SystmOnline. If you have downloaded and installed the SystmOnline app on any device you will also need to permanently delete the SystmOnline app in its entirety. Your rights automatically and immediately terminate without notice from TPP if you fail to comply with any provision of the Terms and Conditions. In such an event, you must immediately cease from using SystmOnline and if applicable delete the SystmOnline app from any device on which the SystmOnline app is installed, in its entirety.
Third Party Beneficiaries

If you have downloaded the SystmOnline app via the Apple App Store, you acknowledge that Apple will have the right to enforce this end user licence agreement as a third party beneficiary thereof.
Severability

If any provision of the Terms and Conditions are held by a court or administrative agency of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be enforced to the fullest extent permissible, and the remaining provisions of the Terms and Conditions shall remain in full force and effect. Furthermore, to the fullest extent permissible, TPP will replace any illegal, invalid or unenforceable provision of the Terms and Conditions with a valid provision that corresponds as much as possible to the spirit and purpose of the illegal, invalid or unenforceable provision.
Governing Law

The Terms and Conditions will be governed by and construed in accordance with English Law. The courts of England will have exclusive jurisdiction to settle any dispute which arises out of or in connection with the Terms and Conditions.

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Privacy Policy

TPP (“We”) are committed to protecting and respecting your privacy.

This policy (together with our licence agreement for the use of SystmOnline) sets out 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 views and practices regarding your personal data and how we will treat it. By agreeing to use SystmOnline you are accepting and consenting to the practices described in this policy.

Information we may collect from you

We may collect and process the following data about you:
- Information you give us. You may provide us with personal information through your use of SystmOnline. Including without limitation demographic and medical information.
- Information we collect about you. With regard to SystmOnline access we may automatically collect the following information:
  - technical information, including your username, login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  - information about your use of the service, including all dates and times SystmOnline is accessed.
- Information we receive from other sources. We may receive information about you if you use any of the apps or other applications we operate or the other services we provide.
- TPP will not contact you directly about your SystmOnline access details. It is your responsibility to ensure that your username and password are kept confidential.
Uses made of the information

We use information held about you in the following ways:
- Information you give us. We will use this information:
  - to deliver the SystmOnline service;
- Information we collect about you. We will use this information:
  - for internal operations, including troubleshooting, data analysis, testing, research, statistical purposes (it will not be possible to identify individuals from such statistics);
  - to improve our service to ensure that content is presented in the most effective manner for you and for your device;
  - to allow you to participate in interactive features of our service, when you choose to do so;
  - as part of our efforts to keep the service safe and secure.
  - to monitor usage and collect usage statistics including but not limited to how the market and devices are being used
  - to ensure that content from services is presented in the most effective manner for you and for your device
- Information we receive from other sources. Information you give us will be added to your SystmOne medical record and may be combined with information from other sources that is added to your SystmOne medical record or that is already held in your SystmOne medical record. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
- TPP and Data Protection. When processing your data we will comply with the provisions of the Data Protection Act 2018 and the terms of the data processing agreements we have directly with GPs.
Disclosure of your information
- Your sensitive data held by TPP may be shared with others providing you with health and social care in accordance with our data sharing model. For more information on the TPP data sharing model please see the ‘eDSM Patient Leaflet’ available in the Downloads section of our website (http://www.tpp-uk.com/resources).Subject to sharing data in accordance with our data sharing model as outlined above, we may only disclose or share your personal data if we are under a duty to comply with a legal obligation to do so.
Where we store your personal data

The following refers to data stored on the device you use to access SystmOnline and the transmission of data to the SystmOne databases:

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. We use strict procedures and security features in accordance with Good Industry practice and standards. It is your responsibility to ensure your computer or device, and your connection to the service, is secure. Use of the service is at your own risk. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us via any device on which you may access SystmOnline.

Data held on SystmOne (where your sensitive data is stored) is held within secure data centres and is subject to the most stringent security.

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