We are committed to protecting your personal data. When we process your personal data we are required to comply with the General Data Protection Regulation 2016 (“GDPR”) and the Data Protection Act 2018, which supplements GDPR in the UK (the “DPA”). The GDPR and the DPA are together referred to in this notice as the “Data Protection Laws”.
Your personal data includes all the information we hold that identifies you or is about you. More information about the types of personal data we process about you is set out below.
Everything we do with your personal data counts as processing it, including collecting, storing, amending, transferring and deleting it. We comply with the Data Protection Laws and take other steps we deem necessary to ensure your personal data is protected and secure.
1. Our responsibilities
ecovery Limited is the data controller of the personal data you provide (“ecovery” / “we” / “our” / “us”). ecovery is a limited company registered in England with company number 12497257 with registered address at c/o Equate 17 Appleton Court, Calder Park, Wakefield WF2 7AR.
Our contact details are set out in section 11 below.
2. What data do we process about you?
When you submit a “Find a Clinician” form via our website in order to use our services
When you submit a “Find a Clinician” form, we will ask you to provide information about you on the form, including your:
- first name and last name;
- date of birth; and
all of which we refer to in this policy as “Identity Data”.
We will also ask you to provide contact information including your:
- phone number;
- email address; and
- postal address,
all of which we refer to in this policy as “Contact Data”.
We will also collect special categories of data about you, which has the meaning set out in GDPR and broadly means data that is more sensitive than other categories of personal data. When you use our services, we ask that you provide us with detailed information about your injury as well as your medical and health background, all of which are special categories of data. This information includes but is not limited to: a description of your current problem; the history and background to your problem; information about investigations you may have had including x rays and scans; information about any other medical problems you suffer from; information about your medication history and the pain from which you are suffering; and information about treatment you have received for the injury. This information is referred to as “Special Categories of Data” throughout this policy.
We also ask you to provide information about your occupation, hobbies and goals so that we can understand how these are likely to affect, or be affected by, your injury. This information is referred to as “Additional Data” throughout this policy.
When you submit an enquiry via our website
If you submit an enquiry via our website but have not submitted a “Find a Clinician” form, we will obtain your name, phone number and email address together with any personal data, including Special Categories of Data, that you choose to include in your message to us. We refer to this data as “Enquiry Data” throughout this policy.
3. Why do we process your personal data?
Identity Data, Contact Data and Additional Data
We process your Identity Data, Contact Data and Additional Data on the grounds of fulfilment of our contract with you. You will be required to review and accept our terms and conditions of service at the point you submit the “Find a Clinician” form to us. Those terms and conditions explain that a contract between us comes into existence at the point you provide us with your personal data so that we can provide our services to you.
We may also process your Identity Data and Contact Data to send you a Customer Satisfaction Survey at 6 weeks if we have supplied you with the names of three appropriate local specialists, or we will send you a routine follow up email within 6 weeks of a decision by us not to provide you with specialist names and instead to advise on a course of physiotherapy. Completion of the Customer Satisfaction Survey and responding to our routine follow up email is optional.
We process your Enquiry Data in order to respond to the enquiry you have submitted. The extent to which we continue to process your Enquiry Data following provision of our initial response or contact will depend on your interaction with us but our processing will always be in line with this policy and the Data Protection Laws.
Special Categories of Data
We process Special Categories of Data on the grounds of fulfilment of our contract with you, as set out above. In addition, we are required to determine a further ground for processing Special Categories of Data about you and in this case, we rely on your consent when you choose to provide the information to us. You may choose which information you pass to us but please bear in mind that the more information we have about your injury, the easier it will be for us to determine the most suitable next steps. We are subject to obligations of professional secrecy in respect of the personal data you pass to us pursuant to the HCPC (Health and Care Professions Council) Code of Practice, the CSP (Chartered Society of Physiotherapy) Code of Practice and guidance issued by the General Medical Council.
4. Our collection of your personal data
We use different methods to collect data from and about you including through:
- Direct interactions
You may give us your personal data by filling in the “Find a Clinician” form or the enquiry form on our website or by corresponding with us by post, phone, email or otherwise.
5. Security of your Personal Data
We ensure all your personal data including special categories of data are kept secure at all times in accordance with the Data Protection Laws. We will continue to review the security processes and procedures we have in place and update them where necessary in line with developing guidance and recommendations.
We will only send you marketing information if you have consented to us doing so. This does not affect our ability to communicate and correspond with you where you have submitted a Find a Clinician form or contacted us by any other means including via our website.
7. Who will receive your personal data?
Your personal data is only transferred to the extent necessary. Recipients of your personal data include:
- our website developer to the extent they are able to view your data as a result of providing website and technical support services to us. We will not permit our website developer to actively process your personal data;
- professional advisers to the extent they need to see your personal data to provide us with their advice; and
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We don’t transfer your personal data outside of the EEA.
8. How long will we keep your personal data?
If you have submitted a “Find a Clinician” form in order for us to provide services to you, your personal data is retained for no more than 8 years from the date our contract with you terminates, as set out in our terms and conditions of service. This retention period is in line with guidance published by NHS Digital.
If you have submitted an enquiry via our website, your personal data is retained for no longer than one month from the date of your enquiry, unless there are ongoing communications between us in which case we will retain your personal data for one month from the date of our last communication with you.
Your personal data is retained for the periods set out above in case any issues arise or in case you have any queries and to allow us a rolling annual period for deletion and destruction of your data.
If you have saved a partially completed “Find a Clinician” form prior to submission, it will be stored for a period of 30 days after which it will be permanently and irretrievably deleted. We will not be able to access the partially completed form.
Your information will be kept securely at all times. Following the end of the relevant retention period, your files and personal data we hold about you will be permanently deleted or destroyed.
9. What are your rights?
You benefit from a number of rights in respect of the personal data we hold about you. We have summarised your rights below, and more information is available from the Information Commissioner’s Office website (https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/). These rights apply for the period in which we process your data.
Access to your data
You have the right to ask us to confirm that we process your personal data, as well as access to and copies of your personal data. You can also ask us to provide a range of information, although most of that information corresponds to the information set out in this fair processing notice.
We will provide the information free of charge unless your request is manifestly unfounded or excessive or repetitive, in which case we are entitled to charge a reasonable fee. We may also charge you if you request more than one copy of the same information.
We will provide the information you request as soon as possible and in any event within one month of receiving your request. If we need more information to comply with your request, we’ll let you know.
Rectification of your data
If you believe personal data we hold about you is inaccurate or incomplete, you can ask us to rectify that information. We will comply with your request within one month of receiving it, unless we do not feel it is appropriate to do so, in which case we will let you know why. We will also let you know if we need more time to comply with your request.
Right to be forgotten
In some circumstances, you have the right to ask us to delete personal data we hold about you. This right is available to you:
- where we no longer need your personal data for the purpose for which we collected it;
- where we have collected your personal data on the grounds of consent and you withdraw that consent;
- where you object to the processing and we do not have any overriding legitimate interests to continuing processing the data;
- where we have unlawfully processed your personal data (i.e. we have failed to comply with GDPR); and
- where the personal data has to be deleted to comply with a legal obligation.
There are certain scenarios in which we are entitled to refuse to comply with a request. If any of those apply, we will let you know.
Right to restrict processing
In some circumstances you are entitled to ask us to suppress processing of your personal data. This means we will stop actively processing your personal data but we do not have to delete it. This right is available to you:
- if you believe the personal data we hold is not accurate – we will cease processing it until we can verify its accuracy;
- if you have objected to us processing the data – we will cease processing it until we have determined whether our legitimate interests override your objection;
- if the processing is unlawful; or
- if we no longer need the data but you would like us to keep it because you need it to establish, exercise or defend a legal claim.
You have the right to ask us to provide your personal data in a structured, commonly used and machine-readable format so that you are able to transmit the personal data to another data controller. This right only applies to personal data you provide to us:
- where processing is based on your consent or for performance of a contract (i.e. the right does not apply if we process your personal data on the grounds of legitimate interests); and
- where we carry out the processing by automated means.
We will respond to your request as soon as possible and in any event within one month from the date we receive it. If we need more time, we will let you know.
Right to object
You are entitled to object to us processing your personal data:
- if the processing is based on legitimate interests or performance of a task in the public interest or exercise of official authority;
- for direct marketing purposes (including profiling); and/or
- for the purposes of scientific or historical research and statistics.
We do not intend to use your personal data to send you direct marketing unless we have received your express consent, and even if you have provided your consent you may object to further marketing communications from us. We do not intend to use your personal data for scientific or historical research and statistics.
In order to object, you must have grounds for doing so based on your particular situation. We will stop processing your data unless we can demonstrate that there are compelling legitimate grounds which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.
Automated decision making
Automated decision making means making a decision solely by automated means without any human involvement.
We do not carry out any automated decision making using your personal data.
10. Your right to complain about our processing
If you think we have processed your personal data unlawfully or that we have not complied with GDPR, you can report your concerns to the supervisory authority in your jurisdiction. The supervisory authority in the UK is the Information Commissioner’s Office (“ICO”). You can call the ICO on 0303 123 1113 or get in touch via other means, as set out on the ICO website – https://ico.org.uk/concerns/.
11. Any questions?
If you have any questions or would like more information about the ways in which we process your data, please contact email@example.com.
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