What are the Terms and Conditions of signing up for an Adult Social Care Workforce Data Set account?

What are the Terms and Conditions of signing up for an Adult Social Care Workforce Data Set account?

Using the Adult Social Care Workforce Data Set

By completing the Adult Social Care Workforce Data Set ("ASC-WDS") your establishment (the "Employer", "you") agrees to the information provided being held and used by Skills for Care ("SfC", "we", "our") for reporting on the adult social care workforce in England, in order to provide accurate information regarding skills, employment and workforce demographics. This is to reduce the number of vacancies and to encourage new entrants improve recruitment and retention; increase the numbers of staff with relevant qualifications and skills and to modernise the workforce.

Storing data

    1. For the purposes of this clause (Storing data), "Data Protection Legislation" shall mean (i) the General Data Protection Regulation ((EU) 2016/679) ("GDPR") unless and until the GDPR is no longer directly applicable in the UK, together with any national implementing laws, regulations and secondary legislation as amended or updated from time to time in the UK, including the Data Protection Act 2018 ("DPA"); (ii) any successor legislation to the GDPR and the DPA; and (iii) any other directly applicable EU regulation relating to data protection and privacy.
    2. This clause (Storing data) is in addition to and does not replace a party's obligations under the Data Protection Legislation. The terms "controller", "data subject", "personal data", "personal data breach", "process", "processed", "processing" and "processor" have the meanings prescribed to them in the Data Protection Legislation. This clause (Storing data) is also in addition to our Privacy Policy, a copy of which can be found in our privacy policy
    3. Under the Data Protection Legislation, the Employer and SfC each collect and process personal data in their capacity as controllers in common in respect of the processing of personal data in connection with these terms and conditions and each party uses the personal data in their own capacity to fulfil its own purposes. This relationship is further detailed in the Privacy Policy
    4. In respect of personal data, each party agrees to:
      1. comply with the Data Protection Legislation and shall not by its act or omission cause the other party to breach the Data Protection Legislation;
      2. (in its respective capacity as controller) use all reasonable endeavours to agree with the other party all matters pertaining to any requirement for instructions to be provided to a processor who processes the personal data;
      3. generally, co-operate in good faith and with all appropriate due diligence to resolve any issue or dispute arising in respect of the personal data, so as to protect the rights of data subjects in accordance with the Data Protection Legislation.
    5. Without prejudice to the general obligations at clause 4 above:
      1. each party shall, having regard to the state of technological development, take all appropriate technical, security and organisational measures necessary or desirable to ensure that personal data is protected against loss, destruction and damage, and against unauthorised access, use removal, copying, modification, disclosure or other misuse in accordance with our Privacy Policy
      2. each party shall maintain a record of all categories of processing undertaken by the parties in accordance with these terms and conditions and a record of any personal data breach;
      3. where a data subject makes a written request to either party for access to any personal data, it is acknowledged that the Employer will be responsible for responding to any such request. SfC will notify the Employer as soon as reasonably possible following a request if it receives one directly to ensure the request is addressed in accordance with the Employer's obligations under the Data Protection Legislation; and
      4. not process the personal data in a way as to cause the other party to breach any of its obligations under the Data Protection Legislation.
    6. If there is a personal data breach or any action that causes or could reasonably be deemed to cause a personal data breach, to the extent that such personal data breach is likely to impact the personal data processed by the other party, that party shall, at the earliest opportunity, notify the other party of the personal data breach and shall liaise and collaborate in order to meet their legal obligations to report a personal data breach in accordance with the Data Protection Legislation.
    7. Prior to submitting any personal data relating to any worker or any other person, the Employer shall provide such individual with the latest version of SfC's privacy notice for workers as amended from time to time. SfC's privacy notice for workers can be found at Our Privacy Policy. For the avoidance of doubt, the provision of SfC's privacy notice for workers does not mean the Employer should not provide its own privacy notice to any individual in respect of collection of data for the Employer's own purposes.
    8. Where the Employer transfers personal data to SfC, the Employer is responsible for ensuring that it has an appropriate ground for processing and transferring the personal data, including if relevant, ensuring freely given and appropriate consents in accordance with the Data Protection Legislation have been obtained from the individuals for their personal data to be shared with SfC.

Disclaimer

We accept no responsibility for the quality or integrity of data regarding your establishment held within the service. Responsibility lies solely with the Employer. However, as part of our data quality assurance programme we may identify that the Care Quality Commission ("CQC") details entered into this service are no longer correct. These details could be the CQC location ID or your main service does not match to that held on CQC.

We will correct any incorrect CQC numbers and/or main service descriptions where we know them to be incorrect. This is to carry out our duty to ensure that information held is accurate given that we transfer data to CQC on your behalf (with your permission).

Skills for Care will (on request) advise local authorities and ADASS (the Association of Directors of Adult Social Services) which care providers in their location have an ASC-WDS account. This will take the form of provider name and address only.

Cookies

To ensure a secured login and to meet web content accessibility guidelines the service uses two ‘cookies' (a small piece of information, normally consisting of just letters and numbers that is sent to your computer and stored on its hard drive). You can read more about how we use cookies, and how to change your cookie preferences, in our Cookie policy.

These cookies cannot be used to identify you personally.

Privacy

Login credentials (username and password) are assigned to each user and are therefore the responsibility of the individual. By accepting these terms and conditions you agree to manage your login details securely and not to share your login details with others. We reserve the right to withdraw login details from any user who engages in unauthorised sharing of login details or personal data, personal sensitive data or commercially sensitive information held within the service. SfC's Privacy Policy applies to these terms and conditions.


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