GDPR 2018 PRIVACY NOTICE
The Data Protection (Bailiwick of Guernsey) Law, 2017.
This is Guernsey’s equivalent to the GDPR.
Scope
This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.
The General Data Protection Regulation (GDPR) which is EU wide and far more extensive than its predecessor the Data Protection Act, along with the Privacy and Electronic Communications Regulations (PECR), seek to protect and enhance the rights of EU data subjects. Guernsey’s equivalent, The Data Protection (Bailiwick of Guernsey) Law, 2017, also comes into force on 25 May 2018. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU and its storage within the EEA.
(1) Avenue Clinic, based at Prospect House, St Julian’s Avenue, St Peter Port Guernsey and at the Indoor Sports Centre, Vale, Guernsey, and a satellite clinic in Sark, Bailiwick of Guernsey,which hereafter for the purposes of this Privacy Notice will be referred to as Avenue Clinic, is pleased to provide the following information:
(2) Who we are
Avenue Clinic- is a collection of multidisciplinary professionals and administration staff. We offer a variety of treatments, all of which are carried out in accordance with each professions respective treatment charters and regulations. The treatments provided by Avenue Clinic include: Osteopathy, Physiotherapy, Acupuncture, Psychotherapy, Hand Therapy, Sports Massage, Pregnancy and Post Pregnancy Massage and Aquastretch. The practice may at times also provide other treatments, about which our staff will be pleased to provide more detail.
(3) Personal Data
a) For the purposes of providing treatment, Avenue Clinic may require detailed medical information. We will only collect what is relevant and necessary for your treatment. When you visit our practice, we will make notes which may include details concerning your medication, treatment and other issues affecting your health. We adhere to a strict confidentiality code with regards to management of patient information. This data is always held securely (on a cloud based system), is not shared with anyone not involved in your treatment process, although for data storage purposes it may be handled by pre-vetted staff who have all signed an integrity and confidentiality agreement. To be able to process your personal data it is a condition of any treatment that you give your explicit consent to allow Avenue Clinic to document and process your personal medical data. Contact details provided by you such as telephone numbers, email addresses, postal addresses may be used to remind you of future appointments and provide reports or other information concerning your treatment. As part of our obligations as healthcare practitioners there may be circumstances related to your treatment, on-going care or medical diagnosis that will require the sharing of your medical records with other healthcare practitioners e.g GPs, consultants, surgeons and/or medical insurance companies. Where this is required we will always inform you first unless we are under a legal obligation to comply.
b) For marketing purposes Avenue Clinic may also use the contact details provided by you to respond to your enquiries, including making telephone contact and emailing information to you, which the practice believes may be of interest to you.
c) In making initial contact with the practice you consent to Avenue Clinic maintaining a marketing dialogue with you until you either opt out (which you can do at any time) or we decide to desist in promoting our services. Avenue Clinic may occasionally also act on behalf of its patients in the capacity of data processor, when we may promote other practitioners based at our premises, who may not be employed by us but all will have signed confidentiality and data privacy contracts. Avenue Clinic do not broker your data and you can ask to be removed from our marketing database by emailing or phoning the practice using the contact details provided at the end of this Privacy Notice.
d) Some basic personal data may be collected about you from the marketing forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to, personally identifying information like Internet Protocol (IP) addresses.
e) Avenue Clinic website uses cookies, which is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. WordPress.org uses cookies to help Avenue Clinics website to identify and track visitors and their website access preferences. Avenue Clinics website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Avenue Clinics’ website.
f) Avenue Clinic will only collect the information needed so that we can provide you with the services you require, the business does not sell or broker your data.
(4) Legal basis for processing any personal data
To meet our contractual obligations obtained from explicit Patient Consent and legitimate interest to respond to enquiries concerning the services provided.
(5) Legitimate interests pursued by Avenue Clinic
To promote treatments for patients with all types of health problems indicated for the treatments provided at Avenue Clinic.
(6) Consent
Through agreeing to this privacy notice you are consenting to Avenue Clinic processing your personal data for the purposes outlined. You can withdraw consent at any time by using the postal, email address or telephone number provided at the end of this Privacy Notice.
(7) Disclosure
Avenue Clinic will keep your personal information safe and secure. Only members of the team (which includes therapists, administration/reception and billing staff) essential for the management of your treatment and administration services (including billing) will only have access to the patient data (which may include consultation notes) that they require for the fulfillment of their duties. All those working with Avenue Clinic have signed strict confidentiality agreements.Avenue Clinic will not disclose your Personal Information unless compelled to, in order to meet legal obligations, regulations or valid governmental requests. The practice may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of its staff.
(8) Retention Policy
Avenue Clinic will process personal data during the duration of any treatment and will continue to store only the personal data needed for a minimum period of eight years. Records concerning minors who have received treatment will be retained at least until the child has reached the age of 25. However, as a general principle, electronic patient records will be kept indefinitely as permitted for the legal management of medical records.
(9) Data storage
All Data is held in the United Kingdom. All patient medical records are stored on a cloud based system called Private Practice software (PPS). PPS holds all of it’s information within an accredited Data center and we have an additional confidentiality and data contract with them. Avenue Clinic does not store personal data outside the EEA.
(10) Data Processors
Avenue Clinic uses data processors to perform certain tasks essential in the running of the business. The data processors may change from time to time, but any changes will be updated in this notice.
These include:
Rushcliff Limited: They manage a completely hosted program called PPS (Private Practice Software), which is where all our patient personal, accounts and medical data is stored. It is designed to be completely secure in order to maintain constant access to our data. We have signed a Data Processing Agreement with them and all their staff are bound by confidentiality agreements which survive the end of the term of employment.
Any other data processors, including but not limited to the Computer programmer required to maintain our website, will be updated and listed in our data notice and will have signed a confidentiality agreement, which will continue beyond the term of the contract period.
(11) Your rights as a data subject
At any point whilst Avenue Clinic are in possession of, or processing your personal data, all data subjects have the following rights:
- Right of access – you have the right to request a copy of the information that we hold about you.
- Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
- Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
- Right of portability – you have the right to have the data we hold about you transferred to another organisation.
- Right to object – you have the right to object to certain types of processing such as direct marketing.
- Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.
In the event that Avenue Clinic refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge. At your request Avenue Clinic can confirm what information it holds about you and how it is processed.
(12) You can request the following information:
- Identity and the contact details of the person or organisation (Avenue Clinic) that has determined how and why to process your data.
- Contact details of the data protection officer, where applicable.
- The purpose of the processing as well as the legal basis for processing.
- If the processing is based on the legitimate interests of Avenue Clinic and information about these interests.
- The categories of personal data collected, stored and processed.
- Recipient(s) or categories of recipients that the data is/will be disclosed to.
- How long the data will be stored.
- Details of your rights to correct, erasure, restrict or object to such processing.
- Information about your right to withdraw consent at any time.
- How to lodge a complaint with the supervisory authority The office of the Data Protection Commissioner (ODPC).
- Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
- The source of personal data if it wasn’t collected directly from you.
- Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
(13) To access what personal data is held, identification will be required
Avenue Clinic will accept the following forms of identification (ID) when information on your personal data is requested: a copy of your driving licence, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If Avenue Clinic is dissatisfied with the quality, further information may be sought before personal data can be released.All requests should be made to dimi@avenueclinic.co.ukor by phoning +44 (0) 1481 728 798 or writing to us at the address further below.
(14) Complaints
In the event that you wish to make a complaint about how your personal data is being processed by Avenue Clinic, you have the right to complain to us. If you do not get a response within 30 days, you can complain to the ODPC.
The details for each of these contacts are:
The person responsible for data protection at Avenue Clinic: Dimi Argyros
Telephone: +44 (0) 1481 728 798 or email: dimi@avenueclinic.co.uk
The office of the Data Protection Commissioner (ODPC)
Data Protection Office
Guernsey Information Centre
North Esplanade
St. Peter Port
Guernsey
GY1 2LQ
Telephone: +44 (0) 1481 742074
Email: enquiries@dataci.org
