HESA Collections
Data protection agreement between HESA and IFF Research
Below are the paragraphs from the contract between HESA and IFF Research detailing the data protection agreements for the survey.
IFF Research and HESA are also working in line with the information provided in the Frequently asked questions for HE leavers and the Destinations of Leavers from Higher Education Longitudinal Survey (LDLHE) Collection Notice.
10. Warranties
10.1 Each of the parties warrants to the other that it has full power and authority to enter into and perform this Agreement.
10.2 IFF research warrants that:
10.2.1 the Survey(s) shall be accurate in all respects;
10.2.2 it is registered under the DP Act and has all necessary technical, organisational and security measures in place to comply with the terms of the DP Act;
10.2.3 it shall at all times comply with the terms of the DP Act and Clause 12;
10.2.4 IFF research will perform the Services with reasonable care and skill and in accordance with generally recognised commercial practices and standards;
10.2.5 the Services will conform with all descriptions and specifications provided by HESA to the IFF research; and
10.2.6 the Services will be provided in accordance with all applicable legislation from time to time in force, and the IFF research will inform HESA as soon as it becomes aware of any changes in that legislation.
13. Confidentiality and security
13.1 Each party shall protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
13.2 IFF research undertakes to make all relevant employees, agents and sub-contractors aware of the confidentiality of the Confidential Information and the provisions of this clause and without prejudice to the generality of the foregoing to take all such steps as shall from time to time be necessary to ensure compliance by its employees' agents and sub-contractors with the provisions of this clause (including but not limited to the steps referred to in Clause 9.3).
13.3 All Confidential Information obtained or received by either party during the course of this Agreement is confidential and save as set out herein, or where the other party has given their written consent, must not be disclosed to any other individual, body, firm or company except where the receiving party can demonstrate that such information:
13.3.1 is or has become publicly known other than through breach of this Clause 13; or
13.3.2 was in possession of the receiving party prior to disclosure by the other party; or
13.3.3 was received by the receiving party from an independent third party who has full right of disclosure; or
13.3.4 was independently developed by the receiving party; or
13.3.5 was required to be disclosed by a governmental authority or regulatory body, under any applicable law or by order of a court or other authority of competent jurisdiction provided that where legally permissible, the party subject to such requirement to disclose gives the other party prompt written notice of the requirement.
13.4 Nothing in this Clause 13 shall restrict or prevent HESA from:
13.4.1 sharing the Survey Materials or drafts of Survey Materials with the HESA Steering Group in accordance with the remit of the HESA Steering Group and for the purposes of ensuring effective performance of the Survey and other elements of the Services; or
13.4.2 sharing information relating to this Agreement, the delivery of the Services and the performance of IFF research with BIS and the Funding Bodies
13.5 IFF research will take all reasonable steps to ensure the security and integrity of the assets of HESA are maintained. Assets include, but are not limited to, all databases, data files, system documentation, user manuals, training materials, operational and support procedures, continuity plans, archived information, application software, system software, development tools and utilities, computers, monitors, printers, routers, switches, modems, telephones, PABXs, fax machines, answering machines, tapes, disks, power supplies, air-conditioning equipment, furniture, accommodation and related services.
13.6 IFF research will ensure that all its employees or sub-contractors granted access, whether physical or otherwise, to assets of HESA are made aware of this clause and will themselves ensure that the assets, security and integrity are maintained.
13.7 IFF research shall not advertise or otherwise make public the fact this it is performing, or has performed, services for HESA or use the name or official logo of HESA or abbreviation of the name for advertising purposes or any other purpose, unless specific written consent to do so has been granted by HESA in advance.
13.8 The Survey(s), the Survey Materials and all maps, drawings, plans, reports, documents and all other information compiled by or received by IFF research under this Agreement shall be delivered only to the HESA Nominee on completion of the Services.
Contact Liaison by email or on +44 (0)1242 388 531.