This web page is our standard template for running a survey with a partner, including data sharing.  We publish it as part of our work in being transparent and maintaining the confidence of the sector that our use of data is both ethical and follows good practice in data science.  Any suggested improvements would be very welcome and should be sent to us at ian@charityexcellence.co.uk.

Agreement     

Parties To This Agreement

This Data Sharing Agreement is made on ………………. between:

Alumna, whose Registered Office is at 14 Blackmore Gate, Buckland, Bucks, HP22 5JT and.

The Data Recipient, which is ……………. whose registered office is ………………….

In this agreement “Data Protection Laws” shall mean all applicable data protection and privacy legislation in force from time to time in the UK including the GDPR and PECR.

Alumna acts as the agent for the Charity Excellence Framework CIO and is the data controller.

Aim

There is no legal requirement to have a data sharing agreement, but the ICO considers it to be good practice.  This agreement goes beyond the ICO recommendation, which is limited to personal data, to include all data that will be shared.

This agreement helps us to ensure data is managed legally, respondents understand and consent to their data being shared and that doing so respects and meets their reasonable wishes.

License To Use

Alumna grants the Data Recipient a limited, non-exclusive, non-transferable, and revocable license to access, copy, and use the data.

If the data will be owned by another organisation, the CEF will be given the same licence to use the data.

Purposes

• What will be shared …………………………
• Whom it will be shared with …………………
• The purposes to which the data will be put…………………..
• Any agreement to share the data with other parties….

Promotion

Transparency.  In communications with partners, respondents and others we will be open and transparent about the purpose of a survey, what data will be collected, the purposes for which it will be used and whom we may share it with.

We do not believe that long survey terms and conditions including all the above are of much value, as these may not be read or understood.  Instead, we will include key data in the survey and publish all the information above in the newsletter (from which most respondents come).  This policy will be published online and made available to anyone who asks for it.

Recognition.  Each party to this agreement will ensure that the other is appropriately recognised in communications.

Charity Excellence CIO.  The charity provides a free online platform, comprising 11 digital and AI systems – a one-stop-shop that enables any non-profit to find the funding, and free help and resources it needs.

2nd Party. To be inserted.

Branding and Logos.  Each party will comply with the branding, house style, tone of voice, as appropriate of the other, which will ensure that any logos or guidance is provided to the other.

Media and PR.  This agreement may include guidance on how PR and media exposure will be sought and/or responded to, including if prior approval from the other might be required.

Survey Data Collection

We collect survey data anonymously and all surveys must include the following.

• This survey is anonymous, and you should not include your charity name or other identifying information in any comments that would enable your charity or any individual to be identified.

If any comments include information that may enable any charity or individual to be identified, this will be anonymised.  For example.

• A comment that included the location and type of charity might make this identifiable, so would be changed to something like ‘my charity’ that anonymises it but does not change the meaning.

Any material in respondent comments that use inappropriate language, is discriminatory, in any way potentially illegal, or critical of individuals or organisations will be redacted from the data set and replaced with the text ‘Data reacted because ……….’.

Our surveys may invite respondents to include their e mail and may also include that they will be added to our newsletter distribution.

• If you wish to be sent a copy of the survey, insert your e mail below. We will add your e mail to our Newsletter distribution list from which you can unsubscribe at any time.

When sharing data with other organisations, we do not share any e mails.

Survey Structure and Definitions

Within the sector nomenclature may be consistent but how various issues are defined and things like amounts may vary significantly.  This has made collating sector data of very limited use.

The Charity Excellence system specifically defines key issues and uses standardised income, staffing, volunteering and other bands, and sectors (such as hospices).  This ensures all our core data and supporting benchmarking surveys are all linked and consistent, so that people can exploit this data fully and with confidence.  When working with others, it is essential that the Charity Excellence standards are followed to ensure this continues to be the case.   The survey must.

• Use Charity Excellence system model definitions, bands and sectors.
• Map to the data in the system model and.
• To our benchmarking surveys.

The above is not as complicated as it may appear but is essential to fully integrating all the data we hold.

Using The Data

Anyone using our data will comply with the following.

• Data is Objective. Survey questions must be:
  • Written in clear, simple English to be accessible (within reason) to everyone.
    • Some in our community have poor educational attainment, or English may be a 2^nd language, or they may have learning difficulties.
  • An appropriate measure of whatever is being measured.
    • If we are measuring x, which comprises a, b and c, then the survey must test these to be a reasonable measure of x.
  • Demonstrably true – anything stated as fact is factually correct and not an unsupported assumption or opinion.
    • We use surveys to test assumptions and ask for opinions, but we do not include assumptions or opinion as fact.
  • Balanced by offering the opportunity to rate both sides of an argument or a reasonable range of options.
    • Not be written in a way that elicits or encourages a particular score or answer.
• Data is Representative. Any data set used has adequate numbers of organisations to reasonably infer that it is representative of whatever group or sector it is used to represent.
• Data is Anonymous. It must not be possible to identify, with a reasonable degree of probability, that specific data or findings apply to a single or very small number of organisations.
  • Or that qualitative data, such as comments in a survey, might possibly be used to identify, with a reasonable degree of probability, the organisation it refers to.
• Skills and Experience. Those using and interpreting the data have the necessary skills and experience.
• Choice & Application of Statistical Techniques. Any statistical or other analytical techniques are appropriate and have been correctly applied.
• Findings Demonstrably Substantiated. The findings, conclusion and any recommendations are:
  • Supported by the data, which has not been taken out of context.
  • Ideally, supported by other data or information to validate these.
    • Any other data or information is from credible and reputable sources.
  • Properly substantiated by fact and argument.
• Validation and Error Testing. Appropriate checks are carried out to ensure the report and data are free from errors and the findings, conclusions and/or recommendations are substantiated and credible.
• Use of AI. Any use of AI must be properly explainable, its use clearly identified in published material, any generative AI data must be fully tested to validate it, and AI may only be used with our prior permission.
• Not Causing Alarm or Offence. Our approach is always to focus on issues, not people, and solutions, not blame.  Where findings or recommendations might be sufficiently grave as to have a reasonable probability of causing alarm within the sector, or other stakeholders, or where these might cause offence, such findings must be approved by us before publication. We do not shy away from hard truths or bad news but:
  • Where this may cause alarm or offence, we would not expect the evidence or data to be altered and become misleading but would expect that.
    • How and when findings were presented would be done in a way to minimise any alarm or offence.
    • Rigorous additional checks would be carried out to ensure the findings were fully robust and based on accurate data and analysis using appropriate techniques.
  • In all cases, the benefit of publishing findings must be greater than any harm resulting from doing so.
  • Maintain transparency by documenting all research processes, methodologies, and any changes made during the research.

Formal Research

An appropriate research framework should be used, including ethics, the work peer reviewed and made publicly available, with no fees or charges levied to access this.

Ethics

 In collecting, storing and managing data, we comply with the Charity Excellence Ethics Policy.

Exclusions

The data provided may be used for campaigning, but not to promote political parties, nor may it be used for commercial purposes.

Liability

Each party will use best endeavours to ensure that data is accurate and consistent, and will carry out reasonable checks to ensure it is free from errors.

Termination

This agreement may be terminated by either party.

• On giving a minimum of 1 (one) months written notice;
• If either party is declared bankrupt, enters a voluntary arrangement, or an administrative receiver, receiver or liquidator is appointed;
• If either party is guilty of conduct prejudicial to the other party, or is likely to bring the other party into disrepute;
• For any serious or repeated breach or non-observance of any of the provisions of this agreement.

Data Protection

Our surveys are anonymous, so there should be little if any personal data collected.  If any personal data is held, both parties.

• Consent to the other holding and processing data relating to the other for legal, personnel, administrative and management purposes.
• Will ensure that the requirements of the Data Protection Act are met. As an absolute minimum, this will include ensuring that personal data is treated as confidential, stored securely, only used for the purpose it was provided and is destroyed, when no longer required.

Intellectual Property

Each party retains the rights to any Intellectual Property (IP) of material it owns, which is provided to the other.  Any new IP, including copyright, created will be owned or shared as specifically detailed in this agreement. Insert details, if applicable.

Neither party, will use, or disclose, material provided by the other, for which the other owns the copyright, or other IP, except as provided for in this contract, or with prior written approval.  This clause will survive termination of this contract.

Sub-Delegation

There may be circumstances where it would make sense for work to be carried out by someone else (sub-contracted).  Charity Excellence uses Survey Monkey for its online surveys.

If work may be sub delegated to others, it will be included and a requirement for the headings in this agreement to cascade down and be complied with by the sub-contractor. However, responsibility for delivering any work within the agreement remains wholly with the party which sub contracted the work.

Entire Agreement

This contract constitutes the entire agreement between the parties, unless there are  other documents specified in this agreement.

Variation

No variation of this agreement, or of any of the documents referred to in it, shall be valid unless it is in writing and signed by or on behalf of each of the parties.

Third Party Rights

Except as expressly provided, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999, or any similar provisions of law in any jurisdiction, to enforce any term of these terms and conditions.  The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

Governing Law and Jurisdiction

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).