Introduction: Privacy Statement

We take your privacy seriously and will only use your personal information to provide the products and 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 information that you give us.  This policy describes your relationship with Kestrel Grove Nursing Home.

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.
To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully. 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.

Paul Tripp 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 Protection Officer.

Kestrel Grove Nursing Home has a Data Protection Officer, Paul Tripp who can be contacted through our website at www.kestrelgrove.co.uk  or by post to Paul Tripp at Kestrel Grove Nursing Home, Hive Road, Bushey Heath, Hertfordshire, WD23 1JQ or by email to home@kestrelgrove.co.uk .

Types of Personal Data

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.
Profile Data Your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
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 Details about payments to and from you and other details of products and services you have purchased from us.
Medical Information Details about any medical conditions, medication, treatment, Care Plans, DNAR, End of Life Plans, and other sensitive personal information.

What information do we collect about you?

‘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…..’

This includes:

  • Name
  • An identification number
  • Location data
  • An online identifier
  • One or more factors specific to the physical, physiological, genetic, medical mental, economic, cultural identifiers
  • Financial information
  • Or the social identity of that natural person,
  • and other personal information required to provide our services

In addition this includes personal data relating to employees, students, volunteers, visitors, etc and includes:

  • Name
  • Job title
  • Date of birth
  • Passport data
  • Home address
  • Home telephone number
  • Private email address
  • Emergency contact
  • Staff number
  • etc

Special categories’ of personal data (sensitive personal data) relate to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Special category data relating to employee/student can include: racial and ethnic origin, religion, health records etc

‘We need to collect the following 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 your explicit consent for processing sensitive data.

GDPR and People who lack 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.

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 you contact us and request information such as your name, email address and 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 and other transactions including financial and other personal information required to complete these transactions
  • Information given and stored as part of our ongoing relationship

How will your information be used?

  • 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 for your best interests

 

If the data is to be used to make automated decisions this needs to be specifically included.

Purpose/Activity

 

Type of data

 

Lawful basis for processing
To register you as a new customer (a) Identity

(b) Contact

Performance of a contract with you
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

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 order 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 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 enable you to partake in a prize draw, competition or complete a survey (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests to study how customers use our products/services, to develop them and grow our business

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 (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 use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical

(b) Usage

Necessary for our legitimate interests to define types of customers for our products and services, to keep our site updated and relevant, to develop 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

‘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.

We may process your personal data without your knowledge or consent where this is required or permitted by law.’

Where you plan to use the data for marketing purposes you should state this here. For example:

‘You will 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 home@kestrelgrove.co.uk  at any time.

Where you opt out of receiving our marketing communications, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.’

Article 6 – Personal Data Article 9 – Special Categories
The data subject has given consent to the processing * The data subject has given explicit consent to the processing
Processing is necessary for the performance of a contract with the data subject Processing is necessary for the purposes of carrying out the obligations of the controller or of the data subject in the field of employment
Processing is necessary for compliance with a legal obligation Processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent
Processing is necessary in order to protect the vital interests of the data subject or of another natural person Processing is carried out in the course of its legitimate activities by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim
Processing is necessary for the performance of a task carried out in the public interest Processing relates to personal data which are made public by the data subject
Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity
Processing is necessary for reasons of substantial public interest
Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment, or the management of health or social care systems
Processing is necessary for reasons of public interest in the area of public health
Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes

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 in paragraph 2 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.
  • 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.

 

How long will your information be held?


Your personal and account data will be collected stored and processed in the UK only.  Your data will be stored for 7 years after your last recorded login attempt.     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.

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.

Where/how did we collect your data?

Your personal data that has not been provided directly from the individual or their Advocate maybe collected from other Healthcare Professionals who have been involved in that individuals care or treatment.

What are your rights?

 

‘You have a 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. Please visit www.kestrelgrove.co.uk  for further information in relation to your rights.

Any requests or objections should be made in writing to the Paul Tripp at Kestrel Grove Nursing Home, Hive Road, Bushey Heath, Hertfordshire, WD23 1JQ.

How to change your preferences

We operate in line with EU GDPR (May 2018) data protection guidelines.  We respect your rights and will respond to any request for access to personal information and requests to delete, rectify, transfer, data and to stop processing.  We will also advise you on how to complain to the relevant authorities, namely the Information Commissioner’s Office. Any requests or objections should be made in writing to the Data Controller or you can visit our website, call, or email us to contact us to change your preferences at anytime.

Scope of Agreement

By submitting your personal data on this site or as required for us to provide products and 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 described as prescribed in this document.

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

Opting out at a later date

Where you give your consent for us to process your data, for example when you agree to us sending you marketing information or where you agree to us processing financial data, you can contact us to amend or withdraw your consent at anytime. You can also choose to object to processing and request deletion of your data.  We respect all user rights as defined in GDPR.  If you have any comments or wish to complain please contact us.

How we store and process your data

Your data will be collected stored and processed in the UK only, we do not transfer your data outside the EU.  Your data will be stored for up to 7 years to ensure we have records of service, payments, and other interactions we have with you.

In order to provide or 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, payment 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 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.

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].

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.

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

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

You will not 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.

Third Parties

We may have to share your personal data with the parties set out below for the purposes described in this document:

  • Service providers who provide IT and system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, credit scoring, banking, legal, fraud protection, 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.
  • 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.

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 data. 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 in no way gives 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 cookies if you prefer. 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, which is why 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.

Legitimate Interests

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

Contacting us, exercising your information rights and Complaints

If you 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 wish to complain, please contact: The Data Protection Officer at Kestrel Grove Nursing Home.  We will process SARs within 20 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