List of active policies
|Terms & Conditions of Use||Site policy||All users|
This privacy notice is intended to provide transparency regarding what personal data the PGVLE may hold about you, how it will be processed and stored, how long it will be retained and who may have access to your data.
Personal data is any information relating to an identified or identifiable living person (the data subject). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number or factors specific to the physical, genetic or mental identity of that person, for example.
The PGVLE is here to facilitate the education, training and development of healthcare staff in conjunction with individual training programmes. Our aim is to enable high quality and effective training and development. All the information we collect is to support these objectives.
What this privacy statement covers
This privacy statement only covers the processing of personal data by the PGVLE that has been obtained from data subjects accessing the site and also data that has been drawn from respective training programmes and course enrollments. It does not cover the processing of data by any sites that can be linked to or from this website, so you should always be aware when you are moving to another site and read the privacy statement on that website.
When providing the PGVLE with any of your personal data for the first time, for example, when you first login you will be asked to confirm that you have read and accepted the terms of this privacy statement. A copy of your acknowledgement will be retained for reference.
THERE IS CURRENTLY NO SCOPE FOR DIRECT REGISTRATION TO THIS SITE. THE PGVLE IS ASKED TO PROVIDE LOGIN DETAILS TO USERS BASED ON THE NEEDS DETERMINED BY COURSE ORGANISERS AND TEACHING PROGRAMME FACULTY (ON BEHALF OF HEE REGIONAL OFFICES). BY UTILISING THE LOGIN THAT WAS SENT TO YOU (AT THE REQUEST OF THE COURSE/TRAINING CONVENER) YOU ACCEPT ALL THE POLICIES ON THIS SITE (THE PGVLE).
Why PGVLE collects your personal data
Personal data may also be obtained from Local Education Providers or employing organisations in connection with the functions of PGVLE.
Your personal data is collected and processed for the purposes of and in connection with the functions that PGVLE performs with regard to workforce education. The collection and processing of such data is necessary for the purposes of those functions. A full copy of the HEE notification to the Information Commissioner setting out all of the types of processing that we undertake can be found on the Commissioner’s website. For further information please refer to HEE’s registration number: ZA120843 on the ICO’s website.
In connection with training the PGVLE collects and uses your personal information for the following purposes:
- To support your training
- To quality assure training programmes and ensure that standards are maintained
- For Research and Audit
We also collect and use personal information from you so that we can provide HR related support services and education and training to you, for clinical professional learner recruitment, to promote our services, to monitor our own accounts and records, to monitor our work, to report on progress made, and to let us fulfil our obligations as set by HEEWM.
Further information about our use of your personal data in connection with training can be found in the ‘Reference Guide for Postgraduate Specialty Training in the UK’, also known as the ‘Gold Guide’.
Collection and use of data from website users
When you access the PGVLE website, small amounts of information are sometimes placed on your device, including small files known as cookies. These pieces of information are used to improve services for you. For example, we use a series of cookies to monitor website speed and usage, as well as to ensure that any preferences you have selected previously are the same when you return to our website.
Google Analytics for example stores information about what pages you visit, how long you are on the site, how you got here and what you click on. Personal information (e.g. your name or address) is not however collected or stored so this information cannot be used to identify who you are. We do not allow Google to use or share our analytics data.
Full details on the cookies set by Google Analytics are published on the Google website. Google also publishes a browser add-on to allow you to choose that information about your website visit is not sent to Google Analytics.
On a number of pages we use ‘plug ins’ or embedded media. For example, we might embed YouTube videos in pages. The suppliers of these services may also set cookies on your device when you visit the pages where we have used this type of content. These are known as ‘third-party’ cookies. To opt-out of third-parties collecting any data regarding your interaction on our website, please refer to their websites for further information.
HEE as data controller
HEE is the data controller in respect of any personal data it holds concerning trainees in training, individuals employed by HEE and individuals accessing HEE’s website.
Legal basis for processing
The GDPR requires that data controllers and organisations that process personal data demonstrate compliance with its provisions. This involves publishing our basis for lawful processing.
For full details related to HEE Legal Basis for Processing please click here https://www.hee.nhs.uk/about/privacy-notice
DATA WE COLLECT
- User name, surname, email address - essential for account creation
- Rotation and Grade - for organisation and to ensure all users are in appropriate courses
- All other data is user entered for purposes defined below.
The personal data processed by the PGVLE is done so for the purposes of the PGVLEs statutory function, which include:
- Enrolment of Trainees, Trainers and other Users to the PGVLE with access to relevant content
- Collection of feedback for purposes of service improvement
- Anonymised data will be utilised for research and audit purposes
- Where users contribute content to the platform this will be acknowledged unless specific requests are made to the contrary
- Big Blue Button Webinar sessions may be recorded - users will be notified prior to the commencement of recording and any such recording will only be available to a limited audience on the PGVLE
- Forums and Comments are enabled that can be removed at a later date if required.
- Activity Logs - individual user activity within the platform and the courses are recorded and form part of the system data. It is utilised for assessing user engagement and may be shared with relevant programme directors as requested.
Any special category data (including data relating to racial or ethnic origin, political opinions, religious beliefs, sexual orientation and data concerning health) will only be collected anonymously as part of specific approved surveys
Please note that not all of the HEE legal bases will apply for each type of processing activity that the PGVLE may undertake. However, when processing any personal data for any particular purpose, one or more of the above legal bases will apply.
Information that we may need to send you
We may send you information about specific course related information to you based on your enrolments. We will avoid to send any generic information which if necessary will come directly from HEE.
The GDPR imposes restrictions on the transfer of personal data outside the European Union, to third countries or international organisations, in order to ensure that the level of protection of individuals afforded by the GDPR is not undermined.
Your data may only be transferred abroad where HEE is assured that a third country, a territory or one or more specific sectors in the third country, or an international organisation ensures an adequate level of protection.
How we protect your personal data
Our processing of all personal data complies with the General Data Protection Regulation principles in line with Health Education England’s data protection registration held with the Information Commissioners Office.
The personal data we hold may be held as an electronic record on data systems managed by HEE or as a paper record. These records are only accessed, seen and used as required and/or permitted by law by staff who need access to personal data so they can do their jobs and other partner organisations under data sharing agreements.
The security of the data is assured through the implementation of HEE’s policies on information governance management.
We make every effort to keep your personal information accurate and up to date, but in some cases we are reliant on you as the data subject to notify us of any necessary changes to your personal data. If you tell us of any changes in your circumstances, we can update the records with personal data you choose to share with us.
We will keep personal data for no longer than necessary, in line with our records management policy, and the NHS records retention schedule within the NHS records management code of practice.
Sharing personal data
So we can provide the right services at the right level, we may share your personal data within services across HEE and with other third party organisations such as the Department of Health, Higher Education Institutions, NHS Trusts, clinical placement providers, colleges, faculties, other HEE local offices, the GMC, NHS Trusts/Health Boards/Health and Social Care Trusts, approved academic researchers and other NHS and government agencies where necessary, to provide the best possible training and education and to ensure that we discharge HEEs responsibilities for employment and workforce planning for the NHS. This will be on a legitimate need to know basis only.
We may also share information, where necessary, to prevent, detect or assist in the investigation of fraud or criminal activity, to assist in the administration of justice, for the purposes of seeking legal advice or exercising or defending legal rights or as otherwise required by the law.
Where the data is used for analysis and publication by a recipient or third party, any publication will be on an anonymous basis, and will not make it possible to identify any individual. This will mean that the data ceases to become personal data.
HEE policy is to observe the Cabinet Office transparency and accountability commitments towards more open use of public data in line with relevant and applicable UK and European legislation. HEE would never share personal data through the Open Data facility. To this end, HEE will implement Information Governance protocols that reflect Information Commissioner’s Office recommended best practice for record anonymisation, and Office of National Statistics guidance on publication of statistical information.
Your rights with respect to data held on the PGVLE
Right to rectification and erasure
The GDPR extends and strengthens your rights as a data subject. Under the GDPR you have the right to rectification of inaccurate personal data and the right to request the erasure of your personal data. However, the right to erasure is not an absolute right and it may be that it is necessary for PGVLE to continue to process your personal data for a number of lawful and legitimate reasons.
Right to object
You have the right in certain circumstances to ask the PGVLE to stop processing your personal data in relation to any PGVLE service. As set out above, you can decide that you do not wish to receive information from PGVLE about matters of policy affecting education, training and workforce. However, the right to object is not an absolute right and it may be that it is necessary in certain circumstances for PGVLE to continue to process your personal data for a number of lawful and legitimate reasons.
If you object to the way in which PGVLE is processing your personal information or if you wish to ask PGVLE to stop processing your personal data, please review the Privacy & Policies section of your user profile and make a data request. However, if we do stop processing personal data about you, this may prevent PGVLE from providing the best possible service to you.
You can access a copy of the information PGVLE holds about you by making a data request via the User Profile. This is free of charge.
The GDPR sets out the right for a data subject to have their personal data ported from one controller to another on request in certain circumstances. You can request the opportunity to download all data that the PGVLE holds on you and share as you wish with any third party.
It is important that you work with us to ensure that the information we hold about you is accurate and up to date so please inform PGVLE if any of your personal data needs to be updated or corrected and maintain the accuracy of your user profile.
All communications from PGVLE will normally be by email. It is therefore essential for you to maintain an effective and secure email address or you may not receive information or other important news and information about your employment or training.
Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, but not limited to, Our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, Videos, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials”) are Our property or that of our licensors or users and are protected by United Kingdom and/or international copyright laws.
Repeat Infringer Policy
We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at Our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any of Our intellectual property rights or those of others (including, but not limited to, Our Affiliates), whether or not there is any repeat infringement.
We respect the intellectual property rights of others. If You believe that any material on the Site infringes upon any copyright that You own or control, or that any link on the Site directs users to another Website that contains material that infringes upon any copyright that You own or control, You may file a notification of such infringement with our administrator at the following email: email@example.com
Postgraduate Virtual Learning Environment Terms and Conditions of Use (‘Terms’)
These terms and conditions (together with the documents expressly referred to in them) set out the terms that apply to your use (‘you’, ‘your’) of the Health Education England (‘HEE’, ‘we’, ‘our’) PGVLE. You must accept these Terms before accessing the PGVLE.
The PGVLE is a “closed” platform and can only be accessed by members of the health and care workforce following an assessment by us as to whether you may be granted an Account (as defined in paragraph 2 of these Terms) to access the Learning Hub and Content (as defined in paragraph 4 of these Terms).
Please read these Terms carefully before you access, use or upload any Content onto the PGVLE. If at any time you do not agree to these Terms, you must refrain from using the PGVLE.
Any reference to these Terms shall include the terms of our Content Policy, Privacy Notice and Cookies Policy, which also apply and shall be incorporated into these Terms.
1. Information about us and how to contact us
The PGVLE was built and developed by Health Education England West Midlands, a Non-Departmental Public Body established by the Care Act 2014. Our headquarters are based in Birmingham
You can contact us by emailing us at firstname.lastname@example.org.
If we have to contact you, we will do so by writing to you at the email address you provided to us when setting up your Account.
2. Your Account
In order to use the PGVLE, you will need to be granted an account (‘Account’) by HEEWM. You will be required to provide accurate and complete information, which will include name, training grade/position, registration number, email address and region. Section 7 below describes the information that we hold and how it may be processed in further detail.
We will assess the information provided by you and confirm whether you are eligible for an Account to use the PGVLE. For the avoidance of doubt, we are under no obligation to grant an Account to any person. If you have been approved by us for an Account, you will receive the details via the submitted email - please monitor your inbox/junk mail/spam folder. We recommend the use of a strong and unique password.
You are solely responsible for all activity that occurs on your Account, including any information associated with your Account and anything that happens in relation to it including (without limitation) unauthorised or wilfully malicious access granted by you to another person.
You are responsible for the security of your Account and you must promptly notify the PGVLE team if you suspect that someone has accessed your Account without permission. Your Account is non-transferable and you must not share any credentials or passwords or permit another person to complete any eLearning on your behalf or access or upload any Content on your behalf.
Should you wish to deactivate your Account at any time, please Contact Us and we will ensure that your Account is deactivated provided that there is no obligations upon you to maintain your account as a part of a training programme. This process is normally completed within five working days but may take longer.
We reserve the right to disable or limit the use of your Account at any time without notice and without giving any reason if you have failed to comply with any of the provisions of these Terms or if we suspect any unauthorised use or misuse of your Account, any Content or the PGLVE generally. HEE reserves all rights not expressly granted by these Terms and conferred by general law. In the event that your Account is disabled, your right to access the PGLVE shall (without prejudice to any of our rights and remedies) terminate immediately.
3. Using the PGVLE
The PGVLE is delivered by HEEWM. It provides a collection of online learning resources and is maintained for your use and viewing. IT also is a primary point of delivery for various postgraduate training programmes. Access to, usage of and contribution to these resources and facilities (whether directly or through a third party organisation) is granted in consideration of and is dependent on your acceptance of these Terms.
You agree to use the PGVLE only for lawful purposes, and in a manner that does not infringe the rights (including, without limitation, intellectual property rights) or restrict or inhibit the use and enjoyment of the PGVLE by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass, or cause distress or inconvenience to any person, the transmission of obscene or offensive content, or disruption of the normal flow of information and dialogue within the PGVLE.
When using the PGVLE, you warrant and agree:
- not to breach any of these Terms, any applicable law or violate the legal rights (including without limitation intellectual property rights) of any other party;
- not to create or submit Your Content in breach of our Content Policy or attempt to circumvent any of it or the spirit of it;
- not to use any account other than your own or permit or suffer your Account to be used by any other person or any similar or comparable act;
- not to upload, transmit or distribute to or through the PGVLE any computer viruses, malware or any other content of any nature whatsoever designed to cause harm or nuisance to any other computer, property or person;
- to follow any reasonable instructions given to you by us in connection with your use of the PGVLE and to comply with these Terms and all other documents expressly referred to in these Terms; and
- subject to clause 5, not to upload any identifiable personal data relating to patients, clinicians or any other third party.
When using the PGVLE you must respect the rights and dignity of others, in order to maintain the ethos and good reputation of the NHS, the public good generally and the spirit of cooperation between those studying and working within the health and care sector. In particular, you must act in a professional manner with regard to all other users of the PGVLE at all times.
We reserve the right to monitor your use of the PGVLE from time to time in order to: (i) review your compliance with these Terms; and/or (ii) review the operation of the PGVLE and, where appropriate, make improvements.
4. Uploaded content
The PGVLE may contain a variety of content including audio files, videos, text, images, articles, links to third party resources and other materials and third party materials (‘Content’) including Content uploaded by you or through your Account (‘Your Content’). HEEWM takes no responsibility for and does not review nor expressly or implicitly endorse Your Content. By uploading Your Content to the PGVLE, you warrant and represent that you have all rights, power and authority necessary or desirable to grant the rights, use and access to Your Content in accordance with these Terms. You retain responsibility for Your Content in all respects and agree to indemnify and hold harmless and continue to indemnify and hold harmless HEEWM in all respects and in relation to all matters in respect of Your Content to the fullest extent permitted by law anywhere in the world.
When you submit Your Content to the PGVLE, unless where appropriate you have selected a specific Creative Commons licence type in respect of Your Content or any part of it, you grant HEEWM a worldwide royalty free perpetual irrevocable non-exclusive transferrable and sublicensable licence to use, modify, adapt, prepare derivative works from, distribute, perform and display Your Content and any name, words, voice, likeness and any other content whatsoever provided in connection with Your Content in all media formats and channels now known or developed in the future. This licence includes the right for HEEWM to make Your Content available for broadcast, publication, syndication or any other use by any third party working with HEEWM or any part of the NHS in England or worldwide, and subject to the foregoing you irrevocably waive any claims and assertions of moral rights or attribution in relation to Your Content.
You agree to comply with our Content Policy at all times. We have the right to disclose your identity to any third party if you are claiming that any of Your Content uploaded to the PGVLE infringes their intellectual property rights or other legal rights. For the avoidance of doubt, HEEWM may at its sole and absolute discretion delete or remove Your Content at any time without notice and without giving a reason.
5. Third Party Content and data
The PGVLE may contain links to third party websites, facilities, products, services and other links of any kind whatsoever and wherever in the world which may be posted from time to time by other users or any other party (‘Third Party Content’). Third Party Content is not owned by HEEWM and any consequential content, products, services and any other materials are not under the influence or control of HEEWM in any respect whatsoever. Such Third Party Content is accessed and used by you strictly at your own risk and you must exercise all care and due diligence on your own behalf before proceeding to pay any attention to, rely on or take any action in connection with Third Party Content. HEEWM assumes no responsibility for such Third Party Content.
Content that discloses any third party’s confidential information, identity, personally identifiable information or personal data (including data concerning health) is not permitted, unless:
- you have obtained their consent to the inclusion of their personal data in the PGVLE and have retained evidence of that consent;
- you agree to at all times process their personal data in accordance with the requirements of data protection legislation;
- you agree to promptly notify HEEWM of any data protection breach that you become aware of concerning third party personal data that you have uploaded to the Learning Hub; and/or
- you agree to promptly notify HEEWM when a data subject in respect of any third party personal data that you have uploaded to the Learning Hub notifies you that they wish to exercise their data subject rights.
Properly anonymised data and content should be uploaded instead of personal data whenever possible.
6. Intellectual Property Rights
Save as expressly set out in these Terms, you shall not acquire in any way, any title, rights of ownership, or intellectual property rights of whatever nature in the PGVLE, its software or digital content or in any copies of it.
You acknowledge and understand that the Learning Hub and its software and digital content contains confidential and proprietary information and you shall not conceal, modify, remove, destroy or alter in any way any proprietary markings of HEEWM on or in relation to the same.
7. Information and Processing
We capture certain information on each user as part of the registration process described in section 2 above. This data enables the creation of an Account, which is necessary for accessing the PGVLE. The data that is stored is limited to information relating to users’ work, such as their job role, place of work or membership number for a professional body (e.g. General Medical Council number). We will never ask for your home address or any other domestic information.
When accessing the PGVLE, you will be asked to set up some security questions, which may contain personal information. These questions are solely intended to enable users to log in if they forget their password and will never be used for any other purpose. The answers that users submit when setting up these security questions are encrypted in the database so that no-one can view what has been entered, not even PGVLE administrators.
We also store a record of all activity relating to the upload and download of Content by all users on the PGVLE and all enquires to the PGVLE enquiry desk.
Information collected by us is solely processed to help us to facilitate the operation of the PGVLE. It will never be sold for financial gain or shared with other organisations for commercial purposes.
Examples of how we might use the data held include but are not limited to the following:
- For internal review.
- Customising the content and/or layout of the PGVLE.
- Notifying users about updates to the PGVLE.
- Gathering feedback or input on the service, content or layout of the PGVLE.
- Giving users access to their own activity on the PGVLE.
- Providing anonymous summary data to other organisations, such as professional bodies or other NHS bodies.
PGVLE administrators and other approved people working within the PGVLE have access to users’ activity records and user profiles. This may include our suppliers but such organisations will be asked to sign Non-Disclosure Agreements and will never be allowed to use the information for commercial purposes.
Under the General Data Protection Regulations (GDPR), you have many rights regarding your personal data, including seeing what data we hold for you, your right for erasure and also withdrawing consent of data processing. Note that withdrawing consent will result in your account being anonymised and access to the Learning Hub removed.
8. Our liability to you
We do not guarantee that the PGVLE, or any Content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or part of the PGVLE for business or operational reasons, including (without limitation) for technical or security reasons. We will try to give you reasonable notice of any suspension or withdrawal but are under no obligation to do so.
We neither warrant nor guarantee that:
- your use of the PGVLE will be uninterrupted or error-free or compatible with any third party software or equipment;
- that defects in relation to the PGVLE, if any, will be corrected;
- that the PGVLE and/or the information obtained by you through the Learning Hub will meet your requirements; or
- the Content (or any part of it) on the PGVLE is complete, accurate, reliable, suitable, safe or will be made available at all times;
- the PGVLE will be 100% secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes in order to access the PGVLE. You should use your own virus protection software; and
- we will not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, or any failure caused by third party software and you acknowledge that the Learning Hub may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
We do not exclude or limit our liability for: (i) personal injury arising from negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability to the extent the same cannot be excluded or limited by applicable law.
Subject to the paragraph above, our liability to you in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these Terms shall not extend to any: (i) loss of profits; (ii) loss of sales or business opportunity; (iii) loss of agreements or contracts; (iv) loss of or damage to goodwill or data; (v) loss of anticipated savings; (vi) loss of reputation; or (vii) loss of any special, indirect or consequential loss or damage whatsoever.
You agree to indemnify and hold harmless and continue to indemnify and hold harmless HEEWM, its employees, agents, partners, sub-contractors, third party software providers and collaborators anywhere in the world in all respects and in relation to all matters relating to your use (and that of any other person acting on your authority) of the PGVLE, including Your Content and any Third Party Content and/or third party intellectual property rights and (without limitation) in respect of any breach of these Terms to the fullest extent permitted by law.
10. Our Rights
HEEWM reserves the right to modify, suspend or discontinue the PGVLE at any time without notice. You agree that HEEWM will not be liable to you or to any third party for any modification, suspension or discontinuation of the PGVLE.
We may amend these Terms from time to time. Every time you wish to use the PGVLE, please check these Terms (as published on the PGVLE) to ensure you understand the Terms that apply at that time. Any change will be effective immediately upon the revised Terms being posted on the PGVLE. You must stop using the PGVLE and deactivate your Account if you do not agree to such change.
We may transfer our rights and obligations under these Terms to another organisation. You may not transfer any of your rights or obligations under these Terms to another person.
11. Entire Agreement
These Terms and the documents expressly referred to in them contains the whole agreement between the parties relating to its subject matter and supersedes any prior agreements, representations or understandings between them unless expressly incorporated by reference in these Terms.
12. Waiver and delay
No delay, act or omission by HEEWM in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
If any part of these Terms is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
14. Law and jurisdiction
These Terms are governed by English law and any dispute arising in relation to these Terms shall be subject to the exclusive jurisdiction of the courts of England.