Patient End User Licence Agreement

trade secrets and other confidential information, and any similar or analogous
BY ACCESSING THE PATCHS PLATFORM, PRODUCTS AND/OR rights in any jurisdiction which may now or in the future subsist in any part of
SERVICES SOFTWARE ("PATCHS Software") “You” (BEING EITHER the world, and Intellectual Property Rights shall be construed accordingly.
AN INDIVIDUAL, ORGANISATION OR OTHER ENTITY) HEREBY
CONSENT AND AGREE TO BE BOUND BY AND BECOME A PARTY TO Licence Date means the date that you are first given access the PATCHS
THIS SAAS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
Software.
TERMS OF THIS SAAS AGREEMENT, DO NOT ACCESS THE PATCHS
SOFTWARE.
Licence Period means the period of time that your GP Practice makes the
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING PATCHS Software available to you commencing the Licence Date;
LICENCE GRANTED TO YOU BY SPECTRA ANALYTICS LIMITED
("Spectra") FOR THE USE OF THE PATCHS SOFTWARE MADE PATCHS Software means the PATCHS Software platform, products and/or
AVAILABLE TO YOU. services (as relevant).

Permitted Purpose means use of PATCHS by you (as a patient registered

(A) Spectra has developed an electronic secure communication tool with a relevant GP Practice providing access to the PATCHS Software) where
known as PATCHS Software. all Data will be used solely for the benefit of your own healthcare, or with your
consent, used to participate in any heath care research studies.
(B) Your GP Practice has purchased the PATCHS Software from
Advanced (as defined below) Spectra’s appointed reseller of the Territory means the United Kingdom.
PATCHS Software product;
1.2 If and to the extent of any inconsistency or conflict between this End
(C) Your GP Practice wishes to communicate with you via the PATCHS User Licence Agreement and any document otherwise attached or
Software on the terms set out in this End User Licence Agreement. incorporated into this End User Licence Agreement, the order of
priority for the purposes of construction, is in descending order:
1.2.1 the clauses of this End User Licence Agreement (including the
1 Definitions and Interpretation
recitals); and
1.1 In this End User Licence Agreement, unless the context otherwise
1.2.2 any other document incorporated by reference into this End
requires:
User Licence Agreement.
Advanced means Advanced Health and Care Limited, a company registered in
England, company number 02939302, with its registered office at Ditton Park, 2 Important Information about Use of the Software including Artificial
Riding Court Road, Datchet, Berkshire SL3 9LL, Spectra’s appointed reseller of Intelligence (AI), Language Translation and Guidelines
the PATCHS Software product.
2.1 PATCHS Software is constantly evolving through the use of AI
capabilities to improve and assist the workload of your GP
Affiliate means in respect of a party, a company which is a subsidiary of that
Practice staff. AI makes suggestions, such as the urgency of
party or which is a holding company of that party, or a subsidiary of such
patient requests and/or whether they are related to a particular
holding company, in each case for the time being, and subsidiary and clinical topic and enable your GP Practice to process your Data
holding company shall have the meaning given to them in section 1159 and help you as quickly and as safely as possible.
Companies Act 2006.
2.2 PATCHS Software is an English language service and is
AI means artificial intelligence which is the development of computer systems designed primarily for use by patients with English as a first
to be able to perform tasks that normally require human intelligence, such as language. There is however a translation service provided as an
pattern recognition and taking actions that have the best chance of achieving additional option to help assist with the communication between
a specific goal. You the patient and GP Practice staff (to improve the quality of
the online consultation service wherever possible). This
Applicable Law means the law of England and Wales (and any EU translation service option is provided using commonly available
regulations from time to time applicable under the terms of the European translation software (currently Amazon Translate but this may
Union (Withdrawal) Bill). change from time to time). Neither Advanced nor Spectra accept
liability for any misinformation or diagnosis based on or caused
Business Day means 9.00am to 5.00pm on a day other than a Saturday, by any incorrect translation arising from the use of such
Sunday or a public holiday in England when banks in London are open for commonly available translation software. Use of the translation
business. service option is therefore entirely at Your own option and risk.

Data means any information or data stored or held in, or otherwise accessible 2.3 Notwithstanding the specific provisions set out in clause 4
via PATCHS Software from time to time, including any information, personal below, you hereby agree:
data or other data derived therefrom.
2.3.1 not to use the PATCHS Software in an emergency
Data Protection Legislation: means the retained EU law version of situation;
the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) along
2.3.2 to acknowledge that a clinician or other user at the GP
with the Data Protection Act 2018 (DPA 2018).
Practice can only read and respond to requests during the
The terms 'controller', 'processor', 'personal data', 'data subject', opening hours of the relevant GP Practice;
'process', 'processed' and 'processing' shall all have the meanings set out 2.3.3 to contact your GP Practice by phone if you haven’t
in the Data Protection Legislation. received a response in the timeframes specified in the
PATCHS Software when you submit a request;
Disclaimer means the disclaimers set out in clauses 2 and 5 of this End User
Licence Agreement. 2.3.4 to contact your GP Practice by phone if the symptoms you
have contacted your GP Practice about change whilst
End User Licence Agreement means this agreement together with the waiting for their response;
recitals and clauses 1 to 21 below and the Disclaimer, each as amended from
time to time in accordance with clause 15. 2.3.5 to change your ‘account settings’ in the PATCHS Software
if you move GP Practice (and you will cease the use of the
Force Majeure Event means any circumstance or event beyond the PATCHS Software if your new GP Practice does not
reasonable control of the party affected by it and includes industrial disputes, provide an online service via PATCHS Software);
telecommunications failure, epidemic/pandemic, power supply failure,
computer breakdown, failure of suppliers to meet delivery requirements and 2.3.6 to comply with any reasonable instructions or directions
absence of personnel due to illness or injury. of Advanced and Spectra issued from time to time in
respect of the PATCHS Software and the use of the same;
Intellectual Property means any and all patents (including rights in or to
2.3.7 to provide your reasonable co-operation to Advanced and
inventions), trademarks, service marks, rights in designs, trade, business or
Spectra as and when requested to do so by Advanced;
domain names, goodwill associated with the foregoing, copyright including
rights in computer software and databases, topography rights (in each case 2.3.8 to provide to Advanced such information in respect of
whether registered or not and any applications to register or rights to apply your use of the PATCHS Software as Advanced may from
for registration of any of the foregoing), database rights, rights in know-how, time to time reasonably require or request:

V15 Advanced 10.03.2023 1

 2.3.9 to ensure that you only use a secure and fully updated any part of any software which underpins or is used by Spectra
approved web browser when accessing PATCHS Software in the provision of the PATCHS Software (except as permitted
(this is subject to Spectra’s web browser policy from time by Applicable Law);
to time but currently includes the most recent version of
4.1.7 access all or any part of PATCHS Software in order to build a
Chrome, Firefox, Safari and/or Edge); and
product or service which competes with PATCHS Software or
2.3.10 to take all reasonable precautions in relation to the give individuals working for Spectra’s business competitors
security of your own systems (including, without access to the PATCHS Software; or
limitation, using up to date firewalls and other anti-virus 4.1.8 attempt to obtain, or assist others in obtaining, access to
protections) to the extent that any connections are PATCHS Software or any Data (or any data derived from such
established between the systems of Advanced or Spectra Data), other than as provided under this clause 4.
and those of your own IT system or any third-party
systems; and 4.2 You may only use PATCHS Software for lawful purposes. You must
not use it:
2.3.11 to comply with all reasonable regulations, policies and
procedures of our hosting providers if and when any are 4.2.1 in any way that breaches any Applicable Law;
notified to you.
4.2.2 in any way that is unlawful or fraudulent, or has any unlawful or
3 Licence and Access to PATCHS Software fraudulent purpose or effect;

3.1 Subject always to compliance by you with the terms of this End User 4.2.3 for the purpose of harming or attempting to harm minors in
Licence Agreement, Spectra hereby grants to you a royalty free, anyway;
personal, non-exclusive, non-transferable licence to use the PATCHS 4.2.4 to send, receive, upload, download, use or re-use any material
which could fall with the impermissible boundaries set out in
Software in the Territory for the Permitted Purpose during the
clause 4.3;
Licence Period only.
3.2 The e-mail address that you use to access the PATCHS Software 4.2.5 to transmit, or procure the sending of, any unsolicited or
must be a personal individual e-mail address that is not shared with unauthorised advertising or promotional material or any other
form of similar solicitation (spam); or
any other people. Usernames and passwords will be specific to the
individual users to which they are issued and will be single-use log- 4.2.6 to transmit any data, send or upload any material that contains
ins which must only be used by those specific individuals to whom viruses, trojan horses, worms, time-bombs, keystroke loggers,
they are issued. You must keep your username and password spyware, adware or any other harmful programs or similar
secure and confidential at all times. You must notify your GP computer code designed to adversely affect the operation of
Practice immediately if you become aware of any compromise in any computer software or hardware.
the security and confidentiality of your username and/or password, 4.3 When using PATCHS Software, you will not access, store, distribute
whereupon your user name and/or password may be de-activated or transmit any material which is:
if reasonably necessary to do so.
4.3.1 unlawful, harmful, threatening, libellous, defamatory,
3.3 Advanced and Spectra shall not be responsible for any failure by you obscene, infringing, harassing or racially or ethnically
to access the PATCHS Software or any other loss or damage suffered offensive; or which is menacing or offensive or which could
by you which results from delays or failures in telecommunications cause annoyance or anxiety or infringe someone else’s rights,
networks and facilities (including the internet). No guarantees are including Intellectual Property Rights.
given in relation to the availability times of the PATCHS Software.
4.3.2 facilitates illegal activity;
3.4 Advanced and Spectra will use their respective reasonable efforts to
4.3.3 depicts sexually explicit images;
make PATCHS Software available to you at all times on Business
Days during the Licence Period (save for periods of required 4.3.4 promotes unlawful violence;
maintenance). However, Advanced and Spectra do not make any
representations or warranties that your use of the PATCHS Software 4.3.5 is discriminatory based on race, gender, colour, religious
shall be uninterrupted or error-free or that defects in PATCHS belief; sexual orientation or disability; or
Software will be corrected or that PATCHS Software will meet all your
requirements. You acknowledge that there may be periods during 4.3.6 is otherwise illegal or causes damage or injury to any person
which the PATCHS Software will not be available and that Advanced or property.
and Spectra are under no obligation to notify you in advance if they
4.4 Advanced and Spectra will not be responsible for any delay in or
become aware that PATCHS Software may not be available for any
failure to perform their contractual obligations if and to the extent that
reason. Advanced and Spectra will use their respective reasonable
such delay or failure results in whole or in part from or otherwise
endeavours to correct any defects in PATCHS Software as soon as
relates in whole or in part to a failure by you to comply with any of its
possible and to minimise any period of unavailability of PATCHS
obligations under this clause 4.
Software but will not (to the extent permitted by Applicable Law) be
liable to you beyond this commitment.
4.5 You hereby acknowledge and agree that Advanced and Spectra may
4 Licensee Responsibilities keep and maintain complete and accurate records of the use that you
have made of PATCHS Software. This data will be kept for the
4.1 You will not:
minimum retention periods for clinical data as defined in the Records
4.1.1 use the PATCHS Software or any Data (or any data derived Management NHS Code of Practice. You further acknowledge and
from such Data) for any other purpose than the Permitted agrees that where you have consented to your anonymised data
Purpose. being used by The University of Manchester for research purposes,
4.1.2 use the PATCHS Software unless you are 16 years old or over; this anonymised data may be kept and maintained by them for the
minimum retention periods for research data as defined in the
4.1.3 share your user account details with anyone else; Records Management NHS Code of Practice.
4.1.4 provide, lend to, make available or allow the use of the
PATCHS Software or any Data (or any data derived from such 4.6 Advanced and Spectra reserve the right, without liability to you or
Data) by any third party for any purpose; prejudice to their other rights, to disable access to PATCHS Software
4.1.5 attempt to copy, duplicate, modify, create derivative works in the event of a breach by you of the provisions of this clause 4 (or if
from, frame, mirror, republish, download, display, transmit or Advanced or Spectra has reasonable grounds to suspect that a
distribute all or any portion of the PATCHS Software or any breach of this clause 4 may be occurring or about to occur).
Data (or any data derived from such Data) in any form or media
5 Disclaimer
or by any means (except as permitted by Applicable Law);
4.1.6 attempt to decompile, reverse compile, disassemble, reverse
engineer or otherwise reduce to human-perceivable form all or

V15 Advanced 10.03.2023 2

5.1 By entering into this End User Licence Agreement, you acknowledge 7.2 Spectra may terminate this End User Licence Agreement with
that you have read and agree to comply with the terms of the immediate effect if you are in material breach of this End User Licence
Disclaimer. Agreement and, if the breach is capable of remedy, you fail to remedy
the breach within 30 Business Days of receipt of written notice from
5.2 PATCHS Software is provided by Advanced and Spectra to you "as Advanced and/or Spectra giving full details of the breach and requiring
you to remedy the breach.
is" and, to the fullest extent permitted by law, all express or implied
warranties and representations of any kind with respect to PATCHS 7.3 On termination of this End User Licence Agreement for any reason:
Software are hereby disclaimed including, but not limited to:
7.3.1 all licences granted under this End User Licence Agreement
shall immediately terminate (and you shall immediately cease
5.2.1 warranties as to merchantability or use for a particular
use of PATCHS Software);
purpose, whether or not Advanced or Spectra knows or has
reason to know or has been advised of any such purpose: or 7.3.2 the accrued rights of the parties as at termination shall not be
affected or prejudiced;
5.2.2 warranties as to any results to be obtained from any use of
PATCHS Software or information derived from them. 7.3.3 clauses 1, 2, 4, 5, 7, 8, 9 and 11 shall survive not withstanding
termination.

5.3 Subject to clause 6.1, in no circumstances shall Advanced and/or 8 Intellectual Property
Spectra have any liability for losses (whether direct or indirect, in
8.1 The Licensee acknowledges and agrees that all Intellectual Property
contract, tort or otherwise) arising from any decision made or action
in and to PATCHS Software shall remain at all times the property of
taken by any party in reliance upon PATCHS Software (or any Data
Spectra (or its relevant licensors) and nothing in this End User Licence
obtained as a result of using them), for any unavailability of PATCHS Agreement shall operate to transfer or vest any such rights to you.
Software, or for any inaccuracies, errors in, or omissions from any
Data obtained as a result of using PATCHS Software or any errors, 9 Data Protection Legislation
omissions or delays of GP Practice staff or patients (or third parties
under no contractual obligation to Advanced or Spectra) in using the 9.1 The GP Practice will be considered to be the controller in respect of
PATCHS Software. any personal data collected by Spectra hereunder. Advanced will be
the processor and Spectra will be a sub-processor to Advanced
5.4 Where you are acting as proxy (either with parental responsibility or under the Data Protection Legislation. More details are set out in
clause 21.
on behalf of any third party with consent), you accept full responsibility
for your acts or omissions on behalf of a relevant minor or relevant
10 Force Majeure
third party.
10.1 Neither party shall be liable for any failure to perform, or delay in
5.5 In case of queries relating to the use of the PATCHS Software performing, any of its obligations (other than payment and indemnity
Products, or PATCHS Software generally, please contact your GP obligations) if and to the extent that the failure or delay is caused by a
Practice. Force Majeure Event and the time for performance of the obligation
the performance of which is affected by the Force Majeure Event shall
6 Indemnity and Limitation of Liability be extended accordingly.

11 Confidentiality
6.1 Nothing herein excludes or limits the liability of any party in respect of:
11.1 Subject to clause 11.2, each party shall, and shall use all reasonable
6.1.1 death or personal injury caused by its negligence: endeavours to procure that its officers and employees shall, keep
6.1.2 fraudulent misrepresentation; and confidential all confidential information relating to the other party (and
the other party's business affairs) that it obtains in connection with this
6.1.3 liability which may not otherwise be limited or excluded under End User Licence Agreement.
Applicable Law.
11.2 Each party shall only use such information in the proper performance
6.2 Subject to clause 6.1, Advanced and Spectra shall not be liable for of its obligations under this End User Licence Agreement and shall not
any: divulge any of such information to any other party without the prior
6.2.1 loss of or corruption of data: or written consent of the other relevant party, unless permitted to do so
by clause 11.2.
6.2.2 special, indirect or consequential losses, costs, damages,
11.3 A party may disclose confidential information if and to the extent that:
charges or expenses, even if such losses were foreseeable,
and whether arising in contract, tort (including negligence), 11.3.1 that party is required to disclose the information by law or any
breach of statutory duty or however arising; or competent regulatory body; or
6.2.3 loss of profits; 11.3.2 the information is properly disclosed pursuant to an applicable
rule, order or award in the course of proceedings before any
6.2.4 loss or revenue;
court to which that party is a party; or
6.2.5 loss of business,
11.3.3 the information is disclosed on a confidential basis to that
6.2.6 depletion of goodwill; party's professional advisers for the purpose of advising that
party in connection with this End User Licence Agreement.
6.3 Subject to clauses 6.1 and 6.2, the total aggregate liability of both
parties (Advanced and Spectra) under or in connection with this End 11.4 Clause 11.1 shall not apply to a party in relation to information to the
User Licence Agreement, whether in contract, tort (including extent that that party can show:
negligence), breach of statutory duty or otherwise, shall be nil.
11.4.1 that the information was already, or has subsequently become,
published or publicly available for use other than through a
6.4 You hereby indemnify, defend and hold harmless Advanced and
breach of this End User Licence Agreement or of any
Spectra and their respective directors, officers, agents, successors
confidentiality obligation owed by that party; or that the
and assigns from any and all losses, liabilities, fines, damages, costs
information was already lawfully in its possession (without
and expenses including legal fees, judgment, interest and penalties restriction on disclosure or use) before it obtained the
arising from or in connection with any breach by you of the obligations information connection with this End User Licence Agreement
set out in clause 4. or the negotiations leading up to it; or

7 Termination 11.4.2 that the information has subsequently lawfully been disclosed
to it (without restriction on disclosure or use) by a person who
7.1 This End User Licence Agreement shall come into force on the is not a party to this End User Licence Agreement and who
Licence Date for the Licence Period. itself lawfully obtained the information and is not under any
obligation restricting its disclosure or use; or

V15 Advanced 10.03.2023 3

 11.4.3 from its records that it has derived the same information 20.1 This End User Licence Agreement shall be governed by and
independently of that obtained by it in connection with this End construed in accordance with English law. Each party irrevocably
User Licence Agreement or the negotiations leading up to it. agrees to submit to the exclusive jurisdiction of the English courts.

12 Assignment and Sub-contracting 20.2 If any matter relating to this End User Licence Agreement gives rise
to a bona fide dispute between the parties, they will endeavour to
resolve that dispute first by correspondence and then by an
12.1 Spectra and/or Advanced may assign, sub-contract, novate or
escalation meeting. If the dispute remains unresolved within 14 days
otherwise transfer their rights and/or obligations under this End User
of an escalation meeting, then either party may seek recourse to the
Licence Agreement (and/or any document entered into pursuant to or
courts. Nothing in this clause prevents either party from seeking
in connection with it) in whole or in part at any time and on more than injunctive or other equitable relief should it be necessary to do so to
one occasion to one or more of their Affiliates without your consent. protect its legitimate interests.
12.2 You shall not assign, sub-contract, novate or otherwise deal with any
right or obligation arising under or in connection with this End User 21 UK GDPR Compliance
Licence Agreement (and/or any other document entered into pursuant
21.1 When you log in to your patient user account for the first time, you will
to or in connection with it) except with the express prior written consent
be asked to consent to this End User Licence Agreement which
of Spectra and Advanced.
enables your GP Practice to provide this service via the PATCHS
Software. Accordingly as processor, Advanced and Spectra will have
13 Notices
access to Your Personal Data (as defined below). Our services are
13.1 All notices to be given to a party under this End User Licence not intended for use by those under the age of 16 but data and
Agreement shall be in writing in English and shall be marked for the information about such individuals may be processed by the GP
attention of the person, and delivered by email. Practice and the PATCHS Software pursuant to the legitimate and
vital interest of providing and managing health and care services to all
13.2 Any such notice will be valid if sent by email and deemed to be the GP Practice’s patients, service users and clients. Accordingly if
received on the second Business Day after transmitting. you have parental responsibility at your GP Practice for a child (or act
on behalf of a third party with consent as their proxy) their personal
14 Scope of End User Licence Agreement data will also be processed in the same manner as Your Personal
Data.
14.1 Except as expressly stated in this End User Licence Agreement, all
conditions, warranties, stipulations and other statements whatsoever 21.2 Once you register, the PATCHS Software will collect basic ‘personal
(except as to title to goods) that would otherwise be implied or imposed data’ about you such as your name, address and contact details. It
by statute, at common law, by a course of dealing or otherwise might also hold your email address, marital status, occupation, place
howsoever are excluded to the fullest extent permitted by law. of birth, preferred name or maiden name and power of attorney,
advocate or carer information. This information would be held in digital
form. In addition to the above it may also process more sensitive
15 Variation
personal data, called ‘special category data’ which could include:
15.1 Spectra may vary these terms and conditions from time to time but will • Notes and reports about your health, treatment and care
always notify you of such changes in advance of their taking effect
(whether through an update to the terms in the log in process or • Medical condition
through another form of communication with you). Once the change • Results of investigations, such as x-rays and laboratory tests
has taken effect, your continued use of the PATCHS Software will be
deemed to be acceptance of the change to the terms of this End User • Future care you may need
Licence Agreement. • Personal information from people who care for and know you,
such as relatives and health or social care professionals
16 Entire Agreement
• Smoking status and any learning disabilities
16.1 This End User Licence Agreement sets out the entire agreement and
understanding between the parties in relation to the use of the • Your religion and ethnic origin
PATCHS Software. • Whether or not you are subject to any protection orders regarding
your health, wellbeing and human rights (safeguarding status)
17 The Contracts (Rights of Third Parties) Act 1999
• Sexual history including partners, sexual orientation where
17.1 Advanced and your GP Practice shall have the right to enforce and relevant
benefit from any term of this End User Licence Agreement. Any other
person or entity who is not referred to herein or is not a party to this • School information and information about your family health or
End User Licence Agreement has no right under the Contracts (Rights social history
of Third Parties) Act 1999 to enforce any term of this End User Licence • Images and recordings
Agreement. This does not affect any right or remedy of a third party
that exists or is available apart from that Act. • Medical Documents

18 Severability • Any special needs or preferences for receiving information

18.1 The parties intend each provision of this End User Licence • Any of the above for a child for whom you have parental
responsibility or a third party who has given you consent to act
Agreement to be severable and distinct from the others. If a provision
as their proxy
of this End User Licence Agreement is held to be illegal, invalid or Personal Data will be processed in accordance with Your GP Practice’s
unenforceable, in whole or in part, the parties intend that the legality, privacy notice, under the instruction of the Data Controller.
validity and enforceability of the remainder of this End User Licence
Agreement shall not be affected. 21.3 You acknowledge that, for the purposes of this End User Licence
Agreement and to the extent that Spectra and/or Advanced are
19 Waiver required to process personal data or special category data supplied
by or on behalf of You as part of the service that your GP Practice
19.1 The failure or delay of any party to exercise any right or remedy in provides to you (“Your Personal Data”), we consider you to be the data
connection with this End User Licence Agreement shall not operate subject, the GP Practice to be the controller and we are the processor.
as a waiver of that right or remedy, and the waiver of any breach or
infringement shall not operate as a waiver of any subsequent breach 21.4 Your GP’s legal basis for processing your personal information as set
or infringement. No waiver shall be effective unless it is in writing, out in Your GP Practice’s privacy notice and/or falls under one of the
duly signed and communicated to the other in accordance with following legal bases:
clause 13.
21.4.1 legitimate interests of providing and managing health and
care services to the GP Practice’s patients, service users
20 Governing Law and Jurisdiction
and clients;

21.4.2 performance of a task carried out in the public interest or in

V15 Advanced 10.03.2023 4

 the exercise of official authority the NHS identity verification services are managed by NHS England.
NHS England is the controller for any personal information You
21.4.3 necessary for a legal obligation such as responding to a
provide to NHS England to get an NHS login account and/or verify
request from a coroner
Your identity, and NHS England uses that personal information
21.4.4 necessary for reasons in the area of public health such as in solely for that single purpose. For this personal information,
the event of an outbreak of a disease or pandemic Advanced and/or Spectra act as a processor only and they must act
under the instructions provided by NHS England (as the controller)
21.5 Your GP’s legal basis for processing special category data as set out when verifying Your identity. NHS England’s Privacy Notice and
in Your GP Practice’s privacy notice and/or falls under one of the Terms and Conditions can be found here:
following legal bases: https://access.login.nhs.uk/terms-and-conditions. This restriction
21.5.1 the provision of health or social care; does not apply to the personal information You provide to either
Advanced and/or Spectra separately
21.5.2 social protection law for safeguarding purposes;

21.5.3 where it is necessary to protect your vital interests when you

are physically or legally incapable of providing consent.

21.6 Your GP Practice itself does not require your consent to process
Your Personal Data. However, you do have the right to say “no” to
our processing of your information but this could have an impact on
your GP Practice’s ability to provide you with care. Your GP Practice
wishes to share Your Personal Data with us solely to ensure that
their services can meet patient needs in the future, to develop better
quality services, provide more flexible arrangements for
communicating with you and maximise technology to assist with the
workload of its clinicians at the GP Practice.

21.7 We will ensure that we only process Your Personal Data in

accordance with the terms of this End User Licence Agreement and
any lawful instructions received from the GP Practice. We share
anonymised data relating solely to the services provided hereunder
with third party GPs for quality control purposes and the University
for Manchester for research purposes. Under Recital 26 of UK
GDPR no consent is required for this as the data is anonymised and
will not constitute personal identifiable data https://gdpr-
info.eu/recitals/no-26/). However, if you opt out your data will not be
shared from this point.

21.8 We will put in place appropriate security measures against

unauthorised or unlawful processing of Your Personal Data or its
accidental loss, destruction or damage by us).

21.9 Advanced or Spectra may use sub-processors within the United

Kingdom to assist us to provide the PATCHS Software to you.
Spectra use Amazon Web Services based in London to provide
hosting services for the PATCHS Software and you are deemed to
consent to Amazon Web Services a sub-processor. We will ensure
that Amazon Web Services complies in full with our commitments in
this End User Licence Agreement (and Advanced and Spectra are
liable for any non-compliance by Amazon Web Services or any
other permitted sub-processor in relation to the obligations under
this End User Licence Agreement and/or the Data Protection
Legislation). We also share anonymised data with third party GP’s
for quality control purposes and the University of Manchester for
research purposes but they are not our sub-processors.

21.10 We will not transfer Your Personal Data outside of the UK (other than
to and from the EEA) unless your GP Practice has given us its prior
written consent and the relevant conditions in the Data Protection
Legislation are fulfilled. You acknowledge that it is technically
possible for hosted systems to be accessed by you from outside the
UK or EEA.

21.11 We will maintain complete and accurate records and information to

demonstrate our compliance with Article 30 of UK GDPR.

21.12 At the direction of your GP Practice we will delete or return Your

Personal Data (and any copies of it) to your GP Practice prior to
termination or expiry of this Agreement unless we are required by
Applicable Law to retain such personal data or special category data
solely for audit purposes under strict obligations of confidentiality.
We are unable to procure the deletion of anonymised data provided
to third party GP’s or the University of Manchester.

21.13 The GP Practice is deemed to be the controller of Your Personal

Data and any other data inputted or submitted via the PATCHS
Software. Accordingly any requests by you for information will be
dealt with by the GP Practice pursuant to their own privacy policy.

21.14 You access the PATCHS Software using your NHS login details, and

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