This web page is our standard data sharing agreement template when we authorise access to our data by another party.  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.

For information on how the system builds data, see our System Model guide and for how we manage surveys with partners, our Survey Policy.

Any suggested improvements would be very welcome and should be sent to us at ian@charityexcellence.co.uk.

Data Sharing 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 CEF owner, 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.

License To Use

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

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, Charity Excellence users understand and consent to their data being shared and that doing so respects and meets their reasonable wishes.

Purposes

Alumna, acting on behalf of the Charity Excellence Framework CIO, will share:

• Personal data with the CEF Owner for the purpose of contacting group members, when there is a legitimate business purpose to do so.
• Data from individual organisations in the group for the purpose of identifying any support that may be needed, providing guidance, or other reasonable purpose that supports such an organisation and, if applicable, in assessing the organisation to award the group quality mark.
• Aggregated, anonymised group data to promote the efficiency and effectiveness of the group overall, by using the data for research, reports, funding bids and other legitimate business purposes.

Using The Data

The CEF owner will ensure.

• 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, from an appropriate research organisation, should be used, the work peer reviewed and made publicly available, with no fees or charges levied to access this.

Consent Responsibilities

All users are required to provide opt in consent for data sharing with the CEF Owner, as part of the Charity Excellence (My Profile page) set-up process and may opt out at any time, by updating their page.

Potentially, some users, who should and may not wish to be part of the group, may inadvertently select the opt in on set-up.  The CEF Owner will regularly monitor the membership report and delete any users who should not be in the group.

As part of the Charity Excellence terms & conditions, paras 50 and 57,  the CEF Owner will ensure that members are made aware of the data being shared, the purposes to which it will be used and that they may opt out at any time.

Consent To Share

The CEF owner may share:

• Data from an individual, only with his/her consent, or if required to do so by law.
• Data from individual organisations, for an agreed purpose, subject to obtaining consent from the organisation to do so, or if required to do so by law.
• Aggregated, anonymised data, but must provide appropriate recognition of the Charity Excellence charity, as the source of the data.
  • However, where a reader may reasonably infer the data belongs to an individual organisation, it must not be shared without consent from that organisation.
  • For example, extracting the data for all hospices, with income under £1m, in Cumbria might extract data from only a single organisation.

Data To Be Shared

• Personal Data. The personal data includes the name, role, organisation and contact details supplied by personnel on registering on the Charity Excellence website and received by the CEF Owner.
• Organisational User Data. The organisation data shared will comprise the organisation name, last login and scoring dates, key information from the user’s dashboard, questionnaires scored, quality mark progress, feedback reports and quality rating.
• Anonymised User Data. The anonymised data shared will be aggregated dashboard and underpinning report scores, and data on statements scored.

Depending on the nature of system development, Alumna may share more, or less data.  Any change to data sharing will be notified by Alumna and managed by the CEF Owner, on the basis outlined above.

Charity Excellence Terms and Conditions

All parties will comply with the underpinning Charity Excellence Terms and Conditions, available on our website, as this forms the basis on which our users contribute their data.

Social Franchising Framework

The parties to this agreement agree to be bound by the Charity Excellence Social Franchising Framework and, in particular, its front line first principle, which is that we only undertake activities that will directly, or indirectly, benefit charities in some way.

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

Alumna will provide the data on a good endeavours basis.  The Data Recipient will carry out adequate checks to ensure that the data is Data Protect Act compliant and free from any errors and accepts that Alumna has no liability whatsoever for any financial or other detriment arising, either directly or indirectly, from any oversight, omission or error.

Termination

This agreement may be terminated by either party.

• On giving a minimum of 1 (one) month’s 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

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).