Terms of use

Introduction

Welcome to myhealthlocker, the electronic personal health records web portal (hereafter referred to as 'Portal'). This service is powered by the South London and Maudsley NHS Foundation Trust (SLaM).

 

The following terms of use apply to, and govern, your use of the Portal and any services offered through the Portal, as well as your status as a member. Your use of the Portal is subject to the terms laid out in this agreement. It is suggested that you take some time to read this agreement, hereafter referred to as the 'Terms', carefully.

Accepting the Terms of Use (“Terms”)

In order to use the Portal, you must firstly agree to the Terms. Your access and use of the Portal binds you to this agreement. If you do not agree to the Terms, you may not use the Portal.

 

You can accept the Terms by:

 

(a) Clicking to accept or agree to the Terms, where this option is available; or (b) By actually using the Portal. In this case, you understand and agree that SLaM will treat your use of the Portal as acceptance of the Terms from that point onwards.

 

On accepting the Terms, you agree to use the Portal and its services in a manner consistent with all applicable laws and regulations, and in accordance with the Terms of Use (laid out herein) and Privacy Statement outlined and otherwise set forth on the Portal. It is strongly recommended that before using any of the Portal, you review the aforementioned Privacy Statement.

 

If you do not agree to the Terms, you may not access or otherwise use any part of the Portal, and may have your membership revoked.

 

Access to the Portal

SLaM grants you a limited, non-exclusive and non-transferable right to access, use, and display the Portal and the materials thereon. You agree to use the services provided by the Portal for your personal purposes only, provided that you comply fully with the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any relevant laws).

 

You agree that you will not engage in any activity that interferes with, or disrupts the services provided by the Portal through any means, malicious or otherwise.

 

In agreeing to the Terms of access to the Portal, you agree that you are solely responsible for any breach of your obligations under the terms, and for the consequences of any such breach.

Use of Protected Health Information

The Portal allows you to transfer your personal health information from your interactions with myhealthlocker powered by SLaM to Microsoft® HealthVault™. Once you have transferred this information to your personal account, the use and disclosure of your personal and health information from your Microsoft® HealthVault™ account to third parties is governed by the Terms and Conditions of your HealthVault™ user agreement with Microsoft®, including Microsoft®'s Privacy Policy.

 

When you use the Portal to store or retrieve personal health information, all of the data is stored in your Microsoft® HealthVault™ Account. All personal and health information you enter into the Portal is governed by the Terms and Conditions of your HealthVault™ user agreement with Microsoft®, including Microsoft®'s Privacy Policy.

Ownership

SLaM owns, controls, and licenses, or otherwise has the right to use and provide, the Portal and all material on the Portal, including without limitation all text, images, articles, photographs, illustrations, audio and video clips contained therein (collectively, the "Portal Material").

 

You may not use, copy or otherwise exploit any of the Portal Material or any part of the Portal without the prior written consent of SLaM.

 

SLaM logos, including but not limited to the "Encircle branding" are trademarks and/or service marks of SLaM. All trademarks and service marks owned by SLaM, including such logos, may not be used without the permission of SLaM. All rights reserved. Any other marks appearing on any part of our Portal are the property of their respective owners (such as Microsoft® or Get Real Consulting) and may not be used without permission.

Content Usage

Unless otherwise indicated, all information contained in the portal is for information only.

 

The contents, such as graphics, images, text, quoted information and all other materials ("Content") are provided for reference only do not claim to be complete or exhaustive or to be applicable to any particular individual's medical condition. Users should always consult with a qualified and licensed clinician.

 

Users are warned to follow the advice of their clinicians without delay regardless of anything read in the Portal. SLaM assumes no duty to correct or update the Content, nor to resolve or clarify any inconsistent information which may be a part of the Content. Reliance on any Content is solely at the user's risk. Content may contain health or medically related materials considered sexually explicit. Users are warned that if they may be offended by such Content, an alternate source of information should be found.

 

Publication of information or reference in the Content to specific sources such as specific products, procedures, clinicians, treatments, or diagnoses are for information only and are not endorsements of SLaM.

Medical Disclaimer

By agreeing to the Terms, you acknowledge that the information in the Portal is provided "as is", and for general information only. It is not intended, or to be construed, as medical advice, diagnosis and treatment, and is not a substitute for consultations with qualified health professionals who are familiar with your individual health needs. We advise you to seek the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions.

 

The Portal and everything contained within, or provided by the Portal should not be considered, and may not be used as, a substitute for medial advice, diagnosis or treatment.

 

If you are in the United Kingdom and experiencing a medical emergency, please call 999 or call for emergency medical help on the nearest telephone.

Links

When using the Portal, you may sometimes be linked to third party websites. SLaM is not responsible for the information or materials contained on any third party web sites, or on web sites that provide links to the portal. Links from the Portal are provided for convenience only, and are not intended as an endorsement by SLaM of the organisation or individual operating the third party website or application or a warranty of any type regarding either the third party website or application, or the information on the third party web site or application.

 

SLaM shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through such third party websites or applications.

Changes to Terms of Use (“Terms”)

SLaM reserves the right, in its sole discretion, to change, modify, add or remove any section of the Terms, in whole or in part, at any time. Changes in these Terms will be with immediate effect, as opposed to being effective when posted.

Acceptable Use

You and other visitors to our Portal may be invited to post appropriate and relevant information or commentary, including but not limited to, facts, advice, "tips" and opinions, in forums (the 'Blog') on the Portal.

 

You acknowledge that the posted information may be viewed by you and/or other users of the Portal. By posting information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Communications") on or through any of our Portal, you agree that you are solely responsible for such Communications and that you, and not SLaM, are entirely responsible for the accuracy, completeness and ownership of all Communications that you upload, post, email or otherwise transmit via our Portal.

 

  • By using any part of our Portal, you agree that you:
  • Will only use our portal and services for lawful purposes and in accordance with these Terms;
  • Accept the terms of our Privacy Statement;
  • Agree to provide us with accurate information in connection with any registration through our portal and to take responsibility for the information you provide.

 

You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access the Portal. Accordingly, you agree that you will be solely responsible to SLaM and its associates for all activities that occur under your account. If you become aware of any unauthorised use of your account, you agree to notify SLaM immediately.

 

Without limitation of the foregoing, you agree to not use any of our Portal or any services to:

 

  • Upload, post, email or otherwise transmit any communication that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, invasive of another's privacy, hateful, or sexually explicit;
  • Give unwanted and uninvited attention to another user of the Portal;
  • Upload, post, email or otherwise transmit any Communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, national origin, ethnicity, age, socioeconomic status or disability;
  • Upload, post, email or otherwise transmit any Communication that increases the stigma against people who use mental health services;
  • Harm minors in any way;
  • Impersonate any person or entity, including but not limited to a NHS employee, official, forum leader, moderator, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted on, to or through any of our Portal or any services.
  • Upload, post, email or otherwise transmit any communication that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, including but not limited to proprietary or confidential information learned or disclosed as part of employment relationships or otherwise barred from disclosure pursuant to the terms of a confidentiality agreement);
  • Upload, post, email or otherwise transmit any communication that infringes any patent, trademark, trade secret, copyright or other rights of any party;
  • Upload, post, email or otherwise transmit "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas which may be designated for such purpose;
  • Upload, post, email or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
  • Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Portal are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • Interfere with or disrupt any of the portal or servers or networks connected to the Portal, or disobey any requirements, procedures, policies or regulations of networks related to any service; or
  • Violate any applicable national or international law.

 

You also agree that you will not harvest, collect or store information about the users of our Portal without limitation (remove), for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

Monitoring, editing and disclosure of communications

You agree that SLaM has the right, but not the obligation, to monitor Communications posted by you or others at any time for any reason and in its sole discretion to assure compliance with these Terms, and any other operating rules that SLaM may establish from time to time.

 

Notwithstanding this right, SLaM does not and cannot review all Communications, and is not responsible for any Communications posted by any SLaM employee who does not have moderation or editorial rights on the portal.

 

However, within the resources available SLaM will remove immediately any post or thread which breaches the terms outlined in "Acceptable Use" above. Users will be warned that any further breaches may lead to the Trust taking the ultimate sanction of denying access to the Portal on a permanent basis.

If Your Account is Compromised

If we learn of any potential breach of a HealthVault account, we will investigate and, where appropriate, take actions possibly including blocking or suspending access to your account.

 

If we determine there may have been a breach of your account, we will notify you via the contact information you have provided in your account. We

Terminating your Portal account

Be cautious about closing your HealthVault account. Once it's been closed, you'll have a 90-day grace period during which you may request that it be reopened, and your data can be restored. But beyond 90 days, any information you had stored in

your account will be permanently deleted.

 

To delete your account:

 

  1. Sign into HealthVault
  2. In the upper right, click Your account
  3. At the bottom of the page, click delete your account
  4. Carefully review the information on the page, then click Close My Account

Provision of the Portal service

SLaM are constantly innovating in order to provide the best possible experience to users of the Portal. You acknowledge and agree that the form and nature of the Portal service provided to you by SLaM may change from time to time without prior notice to you.

 

As part of this continuing innovation, you acknowledge and agree that SLaM may stop, permanently or temporarily, providing the Portal service (or any feature within the Portal) to you or to users generally at SLAM's sole discretion, without prior notice to you.

 

You may stop using the Portal service at any time. You do not need to specifically inform SLaM when you stop using the Portal service, unless you wish for your account to be completely closed.

 

You acknowledge that if, for whatever reason, SLaM disables access to your account, you may be prevented access to the Portal service, your account details, or any other content which is contained in your Portal account.

User Data Uploaded onto the Portal

All data you upload to the Portal will remain your intellectual property. No access will be allowed to your HealthVault record without your explicit consent.

 

All data uploaded onto the Portal is stored in your Microsoft® HealthVault™ account. Microsoft® HealthVault™ is a privacy and security enhanced data storage and sharing platform that enables easy, ongoing exchange of data between you and the Portal.

 

HealthVault follows Microsoft's Security Development Lifecycle (SDL). This means security and privacy standards are applied throughout your visit to the portal. As part of this, there are multiple levels of access to the data in your HealthVault record, which gives you control over how and what information is available, as well as giving you the ability to set a time limit or end the arrangement at any time. You can also view an audit trail detailing the status and history of all data you upload to your HealthVault record.

Problems with your account

If you are having issues accessing your Microsoft® HealthVault™ account, please visit the link below where you can log a call with the user support team.

 

https://support.microsoft.com/oas/default.aspx?prid=12889&st=1&wfxredirect=1&sd=gn

 

The service will result in an initial email response, but you will be called back if there is a requirement to do so.

Comments? Complaints? Contact us

If you have a comment or complaint regarding the Portal itself, any content present on the Portal and/or the conduct of anyone using the Portal, you can contact us as per the details below.

 

If you believe that your work has been copied and is accessible on our Portal or any of the services offered through our Portal, in a way that constitutes copyright infringement, you can notify us by providing the information required.

 

If you have any additional questions regarding these Terms and Conditions and/or our Portal in general, please feel free to contact us at:

 

eMPOWERMENT Programme
South London and Maudsley NHS Foundation Trust
Maudsley Hospital
London
SE5 8AZ
Email: ephr@slam.nhs.uk

 

Date of Agreement:1/3/2012