Andrew Jones Deep Tissue Massage and Acupuncture for Sheffield

Privacy Notice


Andrew Jones Acupuncture and Massage

Purpose of privacy notice

The processing of personal data is governed by the General Data Protection Regulation 2016/679 (the GDPR). This legislation gives you more rights as an individual than previous legislation and gives more obligations to organisations holding your personal data. One of the rights is a right to be informed, which means I have to give you even more information than I do now about the way in which I use, share and store your personal information.

Please find below my privacy notice, including information about the increased rights you have in relation to the information I hold on you and the legal basis on which I am using it. This new privacy notice came into effect on 25 May 2018.

Who am I?

Andrew Jones Acupuncture and Massage is the data controller (237a Ringinglow Road, Sheffield, S11 7PU, Tel.: 07538 065665). This means I decide how your personal data is processed and for what purposes.

Whose information does this privacy notice apply to?

This privacy notice applies to information I collect from:

• patients;
• prospective patients;
• former patients;
• people who subscribe to our newsletters;
• visitors to our website;
• job applicants and our current and former employees.

What is personal data?

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. Examples of personal data I may hold about you include your contact and appointment details.

Special category data is a sub-category of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Examples of special category data I may hold about you include your patient notes.

How do I process your personal data?

I comply with my obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data. I use your personal data for the purposes set out below, and according to the lawful basis given.

Sections 1 – 15 apply to our patients, prospective patients, former patients and visitors to our clinic

1. We use your name, address, telephone number and email address to arrange appointments. The lawful basis for processing this kind of data is legitimate interests; arranging appointments is necessary for the fulfilment of the contract between me as a practitioner and you as a patient.

We are unable to send or receive encrypted emails so you should be aware that any emails we send or receive may not be protected in transit. We will monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send us is within the bounds of the law.

Kinetic clinic, one of the clinics I work in, uses an online diary. If you attend an appointment at Kinetic clinic, I will ask for your consent to record your first name, surname and a contact phone number in our online diary; this involves transferring your personal contact data to Practice Pal, a third-party. I will only do this if you give me your consent.

PracticePal’s privacy policy is on their website, at this link: http://www.practicepal.co.uk/privacy-policy/

2. We use your name, address, telephone number and email address, only if we have your explicit consent, to send you marketing materials. The lawful basis for processing this kind of data is consent; you can withdraw consent at any time and by any contact method.

We are unable to send or receive encrypted emails so you should be aware that any emails we send or receive may not be protected in transit. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send us is within the bounds of the law.

3. Some patients and prospective patients return pre- 1st appointment questionnaires or tell us about their medical conditions and medication by email or online enquiry forms. The lawful basis for processing this kind of data is legitimate interests; this information is necessary for the purposes of diagnosis, treatment and providing advice. I process the data subject to the obligation of professional secrecy under EU and UK law.

We are unable to send or receive encrypted emails so you should be aware that any emails we send or receive may not be protected in transit. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send us is within the bounds of the law.

4. We keep a permanent attendance register which records all appointments for patients attending our clinic to keep a record of when you were treated for tax purposes and to secure potential evidence in the event of a criminal prosecution, civil litigation, insurance claim or complaint to my regulatory body, the British Acupuncture Council. The lawful basis for processing of this data is legitimate interests.

5. We may use your date of birth to help identify patients with the same name to avoid mistakes being made as to safe and appropriate treatment, for identification purposes if referring a patient to another health practitioner, and for identification purposes if writing to a registered medical practitioner so that they correctly identify the patient. The lawful basis for processing of this data is legitimate interests.

6. We use your presenting complaint and symptoms reported by you for the purposes of making a full traditional diagnosis, formulating treatment strategy and treatment planning. The lawful basis for processing of this data is legitimate interests.

7. We use any relevant medical and family history you have told us for making a full traditional diagnosis, formulating treatment strategy and treatment planning. The lawful basis for processing of this data is legitimate interests.

8. We use your GP’s name and address in the event that we need to contact your GP including in an emergency and because it is a mandatory requirement in the British Acupuncture Code of Professional Conduct. The lawful basis for processing of this data is legitimate interests.

9. We use our clinical findings about your health and wellbeing for making a full traditional diagnosis, and formulating treatment strategy and treatment planning. The lawful basis for processing of this data is legitimate interests.

10. We keep a record of and refer to that record of any treatment given and details of progress of your case, including reviews of treatment planning to enable us to: review the full traditional diagnosis, treatment strategy and planning; and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint. The lawful basis for processing of this data is legitimate interests.

11. We record and use any information and advice that we have given, especially when referring patients to any other health professional, to help you to receive the most appropriate treatment and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint. The lawful basis for processing of this data is legitimate interests.

12. We record any decisions made in conjunction with you to help you to receive the most appropriate treatment and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint. The lawful basis for processing of this data is legitimate interests.

13. We keep accident records for any patients, visitors or staff who are involved in accidents at our clinic in accordance with UK Health and Safety legislation including the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) to comply with the law and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint. The lawful basis for processing of this data is legal obligation.

14. In the event of an adverse incident occurring to any of our patients we report the matter to the British Acupuncture Council and the our insurance company to enable the insurance company to deal with any potential claims and to help the British Acupuncture Council to develop its safe practice guidelines, as well as providing research data and information for the BAcC’s insurers and other interested parties. The lawful basis for processing of this data is legitimate interests.

15. Where relevant we maintain records of the patient’s consent to treatment, or the consent of their next-of-kin in order to be able to prove that the patient (and/or parent/guardian/next of kin) has given informed consent to treatment to secure evidence in the event of a civil claim, criminal prosecution, insurance claim or complaint. The lawful basis for processing of this data is legitimate interests.

Section 16 applies to those who complain about our services

16. When we receive a complaint from a person we make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint.

We will only use the personal information we collect to process the complaint and to check on the level of service we provide. We usually have to disclose the complainant’s identity to whoever the complaint is about. If a complainant doesn’t want information identifying him or her to be disclosed, we will try to respect that. However, it may not be possible to handle a complaint on an anonymous basis. We may need to provide personal information collected and processed in relation to complaints to the British Acupuncture Council or our insurance company.

We will keep personal information contained in complaint files in line with our retention policy. This means that information relating to a complaint will be retained for two years from closure. It will be retained in a secure environment and access to it will be restricted according to the ‘need to know’ principle.

Similarly, where enquiries are submitted to us we will only use the information supplied to us to deal with the enquiry and any subsequent issues and to check on the level of service we provide.

Sections 17 and 18 apply to subscribers to our newsletters

17. We maintain and use records of subscribers to our newsletters, only with their consent, for marketing purposes.

18. We use a third party provider, Mail Chimp, to deliver our e-newsletters. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our e-newsletter. For information, please see Mail Chimp’s privacy notice and terms of use.

Sections 19 – 23 apply to our website users

19. When someone visits our website we use a third party service, Webhealer, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is anonymous data and only processed in a way which does not identify anyone. We do not make, and do not allow Webhealer to make, any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

20. We use website cookies to improve user experience of our website by enabling our website to 'remember' users, either for the duration of their visit - using a 'session cookie' - or for repeat visits - using a 'persistent cookie'.

21. We use a third party service, Webhealer, to host our website including publishing our blog. This site is hosted at and run by Webhealer. We use Webhealer to collect anonymous information about users' activity on the site, for example the number of users viewing pages on the site, to monitor and report on the effectiveness of the site and help us improve it. Webhealer requires visitors that want to post a comment to enter a name and email address. For more information about how Webhealer processes data, please see Webhealer’s website.

Sharing your personal data

Your personal data will be treated as strictly confidential, and will be shared:

• with named third parties with your explicit consent;
• with the relevant authority such as the police or a court, if necessary for compliance with a legal obligation to which we are subject e.g. a court order;
• with your doctor or the police if necessary to protect yours or another person’s life;
• with the police or a local authority for the purpose of safeguarding children or vulnerable adults; or
• with my regulatory body, the British Acupuncture Council, or my insurance company in the event of a complaint or insurance claim being brought against me; or
• my solicitor in the event of any investigation or legal proceedings being brought against me.

For further details about the situations when information about you might be shared please see the Information Commissioner’s website at https://ico.org.uk/for-the-public/personal-information/sharing-my-info/

How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary.

We keep patient records for a period of 7 years in accordance with the British Acupuncture Code of Professional Conduct https://www.acupuncture.org.uk/public-content/effective-practice/bacc-professional-codes.html

This data includes:
• Personal data:
o Name
o Surname
o Date of birth
o Occupation
o General practitioner
o Home phone
o Mobile
o Email
o Address
o Record of your consent to treatment
o Record of attendance

• Special category data:
o Health information and diagnosis: your presenting complaint and any symptoms reported by you; relevant medical and family history; clinical findings
o Details of any treatment given and details of the progress of the case, including reviews of treatment planning
o Any advice I give, any referrals, any joint decisions taken

I also keep a record of the following data points. If you have consented to receiving newsletters following a course of treatment, the below details are given on your initial consent form, which will be retained until 7 years after your last treatment, or your 25th birthday if you are a minor, in accordance with the British Acupuncture Code of Professional Conduct https://www.acupuncture.org.uk/public-content/effective-practice/bacc-professional-codes.html.

o Record of your consent to my contacting you with newsletters and updates (please note: if your consent is withdrawn I will alter your record to indicate the change)
o How you found out about my services
o Date your form was completed

If you have consented to receiving newsletters following a sample massage and I have no record of any details of your health, I keep this data electronically until 2 months after either you remove consent or you unsubscribe from my newsletters. This gap between your removal of consent and my deletion of your contact data is to allow for both a potential change of mind and for my detection of the change and correction of my database.

To allow me to manage my Mail Chimp newsletter subscriptions offline, I also record the below electronically:

o Whether you have subscribed to my Mail Chimp newsletter

I keep this data electronically until 2 months after either you remove consent or you unsubscribe from my newsletters. This gap between your removal of consent and my deletion of your contact data is to allow for both a potential change of mind and for my detection of the change and correction of my database.

Your rights and your personal data

Unless subject to an exemption under the GDPR, you have certain rights with respect to your personal data as set out below.

• The right to request a copy of the personal data which we hold about you.
• The right to request that we correct any personal data if it is found to be inaccurate or out of date.
• The right to request your personal data is erased where it is no longer necessary for us to retain such data.
• The right to withdraw your consent to the processing at any time. This right does not apply where we are processing information using a lawful purpose other than consent.
• The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable) This right only applies where the processing is based on consent or is necessary for the performance of a contract with you and in either case the we are processing the data by automated means.
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing.
• The right to object to the processing of personal data, (where applicable). This right only applies where processing is based on legitimate interests, the performance of a task in the public interest/exercise of official authority, or in case of direct marketing and processing for the purposes of scientific/historical research and statistics.
• The right to be informed if your data is lost. We shall also inform the Information Commissioner’s Office in accordance with the time limits in the GDPR.
• The right to lodge a complaint with the Information Commissioner’s Office.

For further details about these rights please see the Information Commissioner’s website at https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/

Further processing

If we wish to use your personal data for a new purpose, not covered by this Privacy 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

To exercise all relevant rights, queries of complaints please in the first instance contact us at 237a Ringinglow Road, Sheffield, S11 7PU, telephone: 07538 065665, email: [email protected].

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.

click
©2018 Andrew Jones is powered by WebHealer
Website Cookies   Privacy Policy   Admin Login