Benchmark54 Authorised User agreement

Dear User,

Authorised user Agreement (the 'Agreement’) This agreement forms part of the main terms and condition of service visible on our site the “Benchmark54” system (the System), which by clicking sign up or through continued use of the system you are undertaking legal obligations and conferring legal rights which are equate your agreement with these terms.

The “Benchmark54” system (the System), is managed by Digital Fish Ltd. The System is a centralised electronic medical and performance record system upon which information, primarily medical and performance in nature, regarding athletes is stored.

As an authorised user you confirm that you have been authorised by your club or organisation to access and update medical or performance records or both, on athletes who are contracted to train and or compete with the club or organisation and whose information is stored within the Benchmark54 system. Part of our commitment to data security may mean we will seek further validation from the club or organisation to prove identification and authorisation to access the system.

Please read this agreement carefully, and do not click "Sign up" or continue use of the System unless you agree fully with its terms. The full terms and conditions of service can be found here: Terms and Conditions of Service.

The core purpose of the System is to enable authorised users (such as administrative, clinical, sports science, conditioning coaching staff) from an organisation or club, role permissions based access to update a centralised performance and or medical record on athletes. The access depends on the level of authorisation given to you by your club or organisation and communicated to us. Medical staff identified by the club or organisation will have access to medical and performance data, performance staff will have access to performance data only.

Only club / organisation staff allowed by their club or organisation are authorised users and as such can be permitted to access to and / or input information onto the system after final authorisation by Digital Fish Ltd.

In addition to club or organisational authorised users, Benchmark54 system administrators and helpdesk personnel have access to the system. i.e. Authorised Benchmark54 staff. This access is limited and is carried out under appropriate confidentiality agreements and in accordance with the data protection act 1999. Examples of this access are:

For maintenance and back up the system.
To assist users with issues which arise during routine use of the system
For problem solving and fault correction.
To instruct in the correct usage of the system.
To ensure the system operates normally.

The medical information contained on the system constitutes sensitive personal data. Under the Data Protection Act 1998. We are prepared to grant approved medical and allied health users access to the medical part of the System on the basis that all information on the System shall be treated as confidential, which you may use for the purpose of [recording treatment or assessments, updating the injury / illness status of athletes, preparing reports, producing injury and illness audits and for entering accessing and updating performance data on athletes] (the 'Permitted Purpose'), provided you accept these terms and conditions on confidentiality and restrictions on use:

The performance information is any information which is not medical in nature. We are prepared to grant approved performance role users access to the performance part of the System on the basis that all information on the System shall be treated as confidential, which you may use for the purpose of [recording performance and rehab data, preparing reports, and for entering accessing and updating other performance and rehab data on athletes] (the 'Permitted Purpose'), provided you accept these terms and conditions on confidentiality and restrictions on use:

1 Definitions

'Information' : includes information provided directly or indirectly by [us (or) an athlete)] to you in oral or documentary form or other tangible form or by demonstrations and whether before, on or after the date of this Agreement.

Confidential Information: information that is proprietary or confidential and includes:

the existence and contents of this agreement and any other agreement or arrangement contemplated by this agreement;
information of whatever nature concerning the business, finances, assets, liabilities, dealings, transactions, knowhow, customers, suppliers, current or future products, technology, trade secrets, employees, processes or affairs of the other party;
any information which is treated or expressly indicated to be confidential or proprietary, or would reasonably be viewed as confidential or having value to competitors or is imparted by one party to the other in circumstances importing an obligation of confidence;
in respect of Information provided in documentary form or by way of a model or in other tangible form, Information which at the time of provision is marked or otherwise designated to show expressly or by necessary implication that it is imparted in confidence; and
in respect of Information that is imparted orally, any Information that we or our representatives informed you at the time of disclosure was imparted in confidence; and
in respect of Confidential Information imparted orally, any note or record of the disclosure; and
any copy of any of the foregoing; and
the fact that discussions are taking place between us.
and which any party may from time to time receive or obtain (orally or in writing or in disk or electronic form) as a result of entering into, or performing its obligations pursuant to, this agreement or otherwise.

[Confidential Information does not include anonymised Athletes Data.]

2 Obligations of confidentiality and non-use;

You undertake:

to keep the Confidential Information confidential at all times;
not to disclose it or allow it to be disclosed in whole or in part to any third party without our written consent from the athlete; and
Not to use it in whole or in part for any purpose except for the Permitted Purpose.
You undertake to take proper and all reasonable measures to ensure the confidentiality of the Confidential Information.

3 Exceptions

The obligations of confidentiality set out in this Agreement shall not apply to any Information that you can show by written records:

was known to you before the Information was by us, or
is in or subsequently comes into the public domain (through no fault on your part); or
is received by you without restriction on disclosure or use from a third party lawfully entitled to make the disclosure to you without such restrictions.

4 Disclosure and Use

You undertake to access to the Confidential Information only for the Permitted Purpose, and on the conditions, that you shall have:

entered into legally binding confidentiality obligations to you on terms equivalent to those set out in this Agreement (and such obligations extend to the Confidential Information)
been informed of our interest in the anonymised athlete data and the terms of this Agreement; and in the full terms and conditions of service available here: Terms and Conditions of Service
been instructed to treat the Confidential Information as secret and confidential accordance with the provisions of this Agreement.

You shall be responsible to comply always with the provisions of this Agreement.

You shall:

Obtain written consent from any athlete before using their personal athlete data in any research;
Understand that we will anonymise athlete data before submitting it for injury / illness audit and research purposes;
Not use the athlete’s data for any purpose other than the Permitted Purpose without the express written consent from the athlete;
Not disclose any medical information to any third party unless authorised under this agreement or expressly by the athlete.
Understand that athlete medical data is shared among a number of physician / physiotherapy / allied health practitioners who have been granted access to such data by your club or organisation who require access to this information to carry out their work to evaluate and treat an athlete in a routine manner within a club or organisation.

You shall comply with the following rules when using the System:

Following scanning of results/reports by authorised personnel ensure that these paper documents are either destroyed or filed under lock/key.
Ensure your screen and/or medical notes cannot be read by passers-by;
Lock all records away if you need to leave the consulting room;
Log off the system whenever you leave the consulting room;
Your password should be kept secure and do not write it down; in particular you should not permit others to log on to the system using your userID and password;
You should ensure that all Confidential Information you access offline is stored securely on a laptop or other media (including removable media such as memory sticks) that is password protected and encrypted.

The System terms of the General Medical Council and the Health Professionals Council, documents on confidentiality are incorporated into this Agreement.

http://www.gmc-uk.org/guidance/ethical_guidance/confidentiality.asp

http://www.hpc-uk.org/publications/index.asp?id=164

If you are in any doubt as to whether a third party is authorised to receive any such information, please contact the Benchmark54 System Administrator at info@benchmark54.com for further guidance.

Full details of our terms and conditions of service are available here:

Terms and Conditions of Service