General Privacy Notice
Your personal data – what is it?
“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photographs, videos, email address, or address). Identification can be by the information alone or in conjunction with any other information. The processing of personal data is governed by UK's General Data Protection legislation including the Data Protection Act 2018 and associated Regulations ("GDPR").
Who are we?
This Privacy Notice is provided to you by The Pain Exchange. For the purposes of GDPR, we are the data controller for your data.
The
Pain Exchange is a charitable incorporated organisation with the objective of
providing a physiotherapy based programme to those who suffer from chronic
pain.
What data do we process
We will process some or all of the
following only where necessary to perform our tasks:
- Names, titles,
and aliases, photographs;
- Contact details
such as telephone numbers, addresses, and email addresses;
- Where they are
relevant to our charitable objectives, service evaluation and research, or where
you provide them to us, we may process demographic information such as gender,
age, date of birth, marital status, nationality, education/work histories,
academic/professional qualifications, hobbies, family composition, and
dependants;
- Where you make
donations, financial identifiers such as bank account numbers, payment card
numbers, payment/transaction identifiers, policy numbers, and claim numbers;
- The data we
process is likely to constitute sensitive personal data because, the fact that
we process your data at all may be suggestive of your medical health. Where you provide this information, we may
also process other categories of sensitive personal data: racial or ethnic
origin, mental and physical health, details of injuries and
medication/treatment received.
How do we process your personal data?
We will comply with legal obligations to keep your personal data
up to date; to store and destroy it securely; to not collect or retain unnecessary amounts of data; to protect your personal data
from loss, misuse, unauthorised access and disclosure and to ensure that
appropriate technical measures are in place to protect the data.
If you are a participant in our services, we use your personal data for some or all of the following purposes:
- To enable us to
meet all legal and statutory obligations (regarding storage of medical data,
provision of physiotherapy in accordance with HCPC, CSP and ICO regulations);
- To carry out
comprehensive safeguarding procedures (including due diligence and complaints
handling) in accordance with best safeguarding practice from time to time with the aim of ensuring that all At-Risk Adults are provided with safe
environments;
- To maintain our
own financial accounts and records;
- To process a
donation that you have made (including Gift Aid information);
- To seek your
views or comments;
- To notify you of
changes to our services, events and role holders;
- To send you communications
which you have requested and that may be of interest to you. These may include information about our campaigns,
appeals, other fundraising activities;
- To process a
grant or application for a role;
- To enable us to provide a voluntary service for the benefit of the public.
- To fundraise and promote the interests of The Pain Exchange;
- To process a donation that you have made (including Gift Aid information);
- To notify you of changes to our services, events and role holders;
- To send you communications which you have requested and that may be of interest to you. These may include information about our campaigns, appeals and other fundraising activities.
What is the legal basis for processing your personal data?
Most of our data is processed because it is necessary for our legitimate interests, or the legitimate interests of a third party (such as another health professional). An example of this would be communications with a GP. We will always take into account your interests, rights and freedoms.
Some of our processing is necessary for compliance with a legal obligation. For example, storage of medical information of adults for eight years.
Where your information is used other than in accordance with one of these legal bases, we will first obtain your consent to that use.
Sharing your personal data
Your personal data will be
treated as strictly confidential. It
will only be shared with third parties where it is necessary for the
performance of our tasks or where you first give us your prior consent. It is likely that we will need to share your
data with some or all of the following (but only where necessary):
- Other health
professionals such as GP’s, Consultant physio’s, social services or mental health services.
How long do we keep your personal data?
We will keep some records permanently if we are legally required to do so. We may keep some other records for an extended period of time. For example, it is current best practice to keep financial records for a minimum period of 8 years to support HMRC audits unless you have a chronic or recurring condition, in which case we are legally bound to keep the notes for 30 years. In general, we will endeavour to keep data only for as long as we need it. This means that we may delete it when it is no longer needed.
Your rights and your personal data
You have the following
rights with respect to your personal data:
When
exercising any of the rights listed below, in order to process your request, we
may need to verify your identity for your security. In such cases we will need you to respond
with proof of your identity before you can exercise these rights.
1. The right to
access the information we hold on you
- At any point, you
can contact us to request the information we hold on you as well as why we have
that information, who has access to the information and where we obtained the
information from. Once we have received
your request we will respond as soon as possible, and in any event within one month. You can also make a request via the ICO's "Subject Access Request Service" by clicking here.
- There are no fees
or charges for the first request unless you ask us to provide copies of the information we hold. In this case, we will charge you our photocopying fees.
2. The right to
correct and update the information we hold on you
- If the data we
hold on you is out of date, incomplete or incorrect, you can inforn us and your
data will be updated as soon as possible and, in any event, within one month of your request.
3. The right to have your information erased
- If you feel that we should no longer be using your data or that we are not using your data in accordance with GDPR, you can request that we erase the data we hold.
- When we receive
your request we will confirm whether the data has been deleted or the reason
why it cannot be deleted (for example because we need it for our legitimate
interests or regulatory purpose(s)).
4. The right to object to processing of your data
- You have the right to request that we stop processing your data. Upon receiving the request we will contact you and let you know if we are able to comply or if we have legitimate grounds to continue to process your data. Even after you exercise your right to object, we may continue to hold your data to comply with your other rights or to bring or defend legal claims
5. The right to data
portability
- You have the
right to request that we transfer some of your data to another controller. We
will comply with your request, where it is feasible to do so, within one calendar month
of receiving your request.
6. The right to withdraw your consent to the processing at any time for any processing of data to which consent was sought.
- You can withdraw your consent easily by telephone, email, or by post (see Contact Details below)
7. The right to lodge a complaint with the Information Commissioner’s Office.
Transfer of Data Abroad
Any electronic personal data transferred to countries or territories outside the EU will only be placed on systems complying with measures giving equivalent protection of personal rights either through international agreements or contracts approved by the European Union. Our website is also accessible from overseas so on occasion some personal data (for example in a newsletter) may be accessed from overseas.
Further processing
If we wish to use your personal data for a new purpose, not covered by this Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
Contact Details
Please
contact us if you have any questions about this Privacy Notice or the
information we hold about you or to exercise all relevant rights, queries or
complaints at:
The Data Controller Office: Sharon Morgans
Email: admin@painexchangeteam.org
You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.