Tusker House Privacy Notice and Consent Policy


Version: V2
Date: 08/06/2018
Author: Paula Woolgar
Stored at: Tusker House

Introduction


We take your privacy seriously and will only use your personal information to provide the services you have requested from us and to send you information about products and services you may be interested in. We will never sell, share or use your personal information other than as described here.

About This Privacy Policy


This policy sets out how we will use and share the personal data and other information that you give us as a client, service user or related third party. This policy describes your relationship with Tusker House. The Data Protection Act 1998 (DPA) and General Data Protection Regulation (GDPR) describes how organisations must collect, handle, process and store personal information. These rules apply regardless of whether data is stored electronically, on paper or on other materials. GDPR is underpinned by eight important principals. These say that personal data must:

  1. Be processed fairly and lawfully
  2. Be obtained only for specific, lawful purposes
  3. Be adequate, relevant and not excessive
  4. Be accurate and kept up to date
  5. Not be held for any longer than is necessary
  6. Processed in accordance with the rights of the data subjects
  7. Be protected in appropriate ways
  8. Not be transferred outside the European Economic Area, unless that country or territory also ensures an adequate level of protection We take these responsibilities seriously; this document describes our approach to data protection. This policy helps to protect us from data security risks, including:
  • Breaches of confidentiality. For instance, information being given out inappropriately.
  • Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
  • Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

Paula Woolgar is the Data Controller and is committed to protecting the rights of individuals in line with the Data Protection Act 1998 (DPA) and the new General Data Protection Regulation (GDPR).

Contact details of the Data Controller


Tusker House has a Data Protection Manager, Paula Woolgar who can be contacted through our website at www.tuskerhouse.co.uk or by post to Tusker House 57 Pine Avenue Hastings TN34 3PP, or by email to enquiries@tuskerhouse.co.uk

Scope of Agreement


Submitting your personal data is required for us to provide our services to you, you are affirming your agreement for such information to be used in accordance with this privacy policy. You will be able to change your preferences at any time by the methods as prescribed in this document.

We may from time to time use your information for marketing, account management or business management purposes. The main purpose of this is to provide you with information about the services which we think may be of interest to you and/or to maintain any existing relationship we may have with you.

What is Personal Data?


Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly. Personal data includes any personally identifiable information that we may collect, store, process, or otherwise use to facilitate our relationship and allow us to provide the products and services you need. For example, data we collect about you may include:

Contact Data Personal address, business address, service address, email address and telephone number.
Financial Data Bank account and payment card details.
Identity Data First name, maiden name, last name, username or similar identifier, marital status title date of birth and gender.
Marketing and communication Data Your preferences in receiving marketing from us
Technical Data Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
Transaction Data Medical Information Details about any medical conditions, medication, treatment, Care Plans, DNAR, End of Life Plans, and other sensitive personal information.
Other Information One or more factors specific to the physical, physiological, genetic, medical, mental, economic, cultural identifiers and other personal information required so we can provide our services.

What information do we collect about you?


When you contact us as a potential client we will collect information about you including contact details and other information. As a service user we will collect additional information including your health information, care needs, financial information, and other sensitive personal information.

We need to collect this sensitive data about you in order to deliver the appropriate care that you need and to ensure that your ongoing healthcare requirements are met. We require explicit consent for processing sensitive data from you or your representative.

What this policy applies to:

This section describes the lawful basis for processing your data and applies to the information about yourself that you choose to provide us with or that you allow us to collect. This includes:

  • Information when you contact us such as your name, email address, contact details and other preferences
  • When you contact us in order to discuss using our services
  • Information we collect about how you use the website
  • Information relating to products and services we offer to you. Also, others including financial and any personal information required to complete these transactions
  • Information given and stored as part of our ongoing relationship
  • As a service user we will collect sensitive personal information

Where/how we collect your data?


We collect your information when you contact us via our website, by phone, or when you or your representative completes forms or other documentation as required by us. As a service user this may also include personal information collected indirectly from an Advocate, other Healthcare Professionals, or authorised agencies that have been involved in that individuals’ care or treatment.

How will your information be used?


We will only process your data where we have a lawful basis and as you would expect. For example:

  • Administering finance (e.g. fees, contracts and payments)
  • Providing support services
  • Care and medical services
  • Providing, IT and information services
  • Managing accounts
  • Monitoring equal opportunities
  • Carrying out research and statistical analysis
  • Providing operational information
  • Promoting /marketing our products and services
  • Safeguarding
  • Security
  • Preventing and detecting crime
  • And other functions necessary in your best interests

We do not use any sort of profiling or automated decision making.

The lawful basis we apply are as described below:

Purpose/Activity Type of data Lawful basis for processing
To register you as a new service user, client, or in an equivalent relationship (a) Identity
(b) Contact
Performance of a contract with you and in our legitimate interest
To provide care and medical services:
(a) Manage medication, care, and provide support in your best interests
(a) Identity
(b) Contact
(c) Medical
(d) Care
(e) Needs assessment data [initially and ongoing]
(a) Performance of a contract with you
(b) Necessary for our legitimate interests
(c) Protect your vital interests
(d) with your consent or consent from your representative
To process and deliver your services including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests to recover debts owed to us
To process and deliver your service including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(c) managing your carea and wellbeing
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests to recover debts owed to us
(c) in your vital interest
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests to keep our records updated and to study how customers use our products/services.
To administer and protect our business and our site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise
(b) Necessary to comply with a legal obligation. To deliver relevant content and advertisements to you and measure and understand the effectiveness of our advertising
To deliver relevant content and advertisements to you and measure and understand the effectiveness of our advertising (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy.
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile Necessary for our legitimate interests to develop our products/services and grow our business.
Necessary for our legitimate interests to develop our products/services and grow our business.

This is particularly important where we process data for people with reduced or variable capacity. Under the GDPR we must obtain consent from a person holding Lasting Power of Attorney or Next of Kin. We will also make reasonable efforts to verify that the person providing that consent is indeed responsible for that individual. As a Care Home we rely on Article 9 in order to process special categories of data.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to find out more about how the processing for the new purpose is compatible with the original purpose, please email us. If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.

You will only receive marketing communications from us if you have:

    requested information from us or purchased goods or services from us; or

    if you provided us with your details and ticked the box at the point of entry of your details for us to send you marketing communications; and

    in each case, you have not opted out of receiving that marketing.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. You can ask us to stop sending you marketing messages at any time by emailing us at enquiries@tuskerhouse.co.uk at any time.

Where you opt out of receiving our marketing communications, this will not apply to personal data provided to us related to the services we provide to you, and in particular the care services we provide to you.

We may process your personal data without your knowledge or consent where this is required or permitted by law or where we consider this to be in your vital interest.

Who receives your information?


We may have to share your personal data with the parties set out below for the purposes set out in the table above:

  • Service providers who provide IT and system administration services
  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services
  • HM Revenue & Customs, regulators and other authorities based in the United Kingdom and other relevant jurisdictions who require reporting of processing activities in certain circumstances
  • Medical Professionals including Doctors, Nurses, Physiotherapists, Chiropodists, Dentists, Opticians, Occupational Therapists, Social Workers, The CQC and Continuing Care Groups, including other medical professionals to provide you the best possible care.
  • Third parties to whom we sell, transfer, or merge parts of our business or our assets

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

Any transfers to third countries and the safeguards in place.


We will store transactions and payment data for up to 7 years or for as long as required by UK financial and company regulations. These third parties may operate outside the EU.

What are your rights?


We respect all your rights under GDPR, we will always act lawfully and transparently, you will have the right to access your personal information, to object to the processing of your personal information, to rectify, to erase, to restrict and to port your personal information and to withdraw or change your consent. Please visit www.ico.org.uk for further information in relation to your rights. Any requests or objections should be made in writing to us at: Tusker House 57 Pine Avenue Hastings TN34 3PP

You will not normally have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

How to change your preferences?


You can withdraw consent, or change your preferences at anytime, requests should be made in writing to the Data Controller or you can visit our website, call, or email us.

How we store and process your data.


We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Your personal information will be collected, stored and processed in the EU and where necessary in strictly controlled third countries. Your data will be stored for up to 7 years after the end of our relationship. We will store transactions and payment data for up to 7 years or for as long as required by UK financial and company regulations.

In order to provide our services to you we use recognised third parties to take payment, conduct credit reports and other checks, manage our company accounts and provide banking services. We will store transactions, payments and order data for up to 7 years or for as long as required by UK financial and company regulations. These third parties may operate outside the EU, if this is the case we will ensure precautions are in place to protect your data.

We may be legally obliged to disclose your personal information without your knowledge to the extent that we are required to do so by law; in connection with any ongoing or prospective legal proceedings; in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Our obligations


We are a data controller. In relation to the information that you provide to us, we are legally responsible for how that information is handled. We will comply with the Data Protection Act 1998 and the GDPR (2018) in the way we use and share your personal data. Among other things, this means that we will only use your personal data:

  • Fairly and lawfully
  • As set out in the legislation and this policy
  • To the extent necessary for these purposes
  • We will take steps to ensure your data is accurate and rectify data as necessary

Security


We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such information. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We will report any breaches or potential breaches to the appropriate authorities within 24 hours and to anyone affected by a breach within 72 hours. If you have any queries or concerns about your data usage, please contact us.

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Cookies


A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes, by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie does not give us access to your computer, or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline them if you prefer. However, this may prevent you from taking full advantage of the website.

As well as your ability to accept or reject cookies, we also require your permission to store cookies on your machine. Hence, when you visit our site you are presented with the ability to accept our terms of use, including the storage of cookies on your machine. Should you not accept then you are free to leave our website, at any time.

Our Legitimate Interests


Under the GDPR, we are also permitted to share some information with third parties who use such data for non-marketing purposes (including credit risk assessment/management, identification and fraud prevention, debt collection and returning assets to you).

Your Vital Interests


Under the GDPR, we are also permitted to share your information if we believe that this is necessary to protect your health and preserve life.

Contacting us, exercising your information rights and Complaints


If you have any questions or comments about this Privacy Policy, wish to exercise your information rights in connection with the personal data you have shared with us, or want to complain, please contact: The person responsible for Data Protection at Tusker House. We will process SARs within 30 days, SAR responses are usually free but we reserve the right to charge for excessive or unfounded requests. We fully comply with Data Protection legislation and will assist in any investigation or request made by the appropriate authorities.

If you remain dissatisfied then you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
www.ico.org.uk
Wycliffe House

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