Privacy Policy

Purpose of privacy notice

The processing of personal data is governed by the General Data Protection Regulation 2016/679 (the GDPR). This legislation will replace current data privacy law, giving more rights to you as an individual and more obligations to organisations holding your personal data.

One of the rights is a right to be informed, which means we have to give you even more information than we do now about the way in which we use, share and store your personal information.

This means that we will be publishing a new privacy notice so you can access this information, along with information about the increased rights you have in relation to the information we hold on you and the legal basis on which we are using it.

This new privacy notice comes into effect and will be published on our website on 25 May 2018. 

Who are we?

The Acupuncture Clinic @ Orchard is the data controller at Orchard Corner, La Route du Fort, St Helier, JE2 4PA. This means we 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 we collect from:

  • patients;

  • prospective patients;

  • former patients;

  • people who subscribe to our newsletters;

  • visitors to our website.

 

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 we 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 we may hold about you include your patient notes.

 

How do we process your personal data? 

We comply with our 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. We use your personal data for the purposes set out below.

 

Patients, prospective patients, former patients and visitors to our clinic

 

  1. The receptionists of The Chiropractic and Health Centre use your name, address, telephone number and email address to make and rearrange appointments. The receptionists of The Chiropractic and Health Centre 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.

 

   2.   We use your name, address, telephone number and email address, only if we have your explicit consent, to send you

        marketing materials. 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.  We keep your medical history and all your clinical information given to us on paper forms, stored carefully and under lock

       and key. Only Juliet Forbes of The Acupuncture Clinic @ Orchard has the code for the safe to unlock the filing cabinet. We do

      not transport your records. They stay in the clinic.  All your records are secured, in an appropriate way according to the safety

      practices set out within the bounds of the law. 

 

  4.  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. 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.

 

  5.  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.

 

  6.  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.

 

  7.  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.

 

  8.  We use any relevant medical and family history you have told us for making a full traditional diagnosis, formulating treatment

      strategy and treatment planning.

 

  9.  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.

 

  10. We use our clinical findings about your health and wellbeing for making a full traditional diagnosis, and formulating

      treatment strategy and treatment planning.

 

  11. 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.  

 

  12. 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.  

 

  13. 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.  

 

  14. 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.  

 

  15. 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. 

 

  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.

 

 

 

Complaints

 

  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.

Newsletter

    

  17. We use a third party provider, mail chimp or namesco, 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 or namesco privacy notice.

Website users

 

  18. When someone visits our website we use a third party service, Google Analytics, 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 only processed in a way which does not identify anyone. We do not make, and do not allow Google 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.

 

  19. 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'.

 

  20. Our website search is powered by google. Search queries and results are logged anonymously to help us improve our

    website and search functionality. No user-specific data is collected by us or any third party.

 

  21. We use a third party service www.wix.com to help maintain the security and performance of our website. To deliver this

    service it processes the IP addresses of visitors to our website.

 

  22. We use a third party service, wix.com, to host our website including publishing our blog. This site is hosted at wix.com, which

    is run by WIX. We use a standard google analytics 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. WIX requires visitors that want to post a comment to enter a name and email address. For more information about

    how WIX processes data, please see https://www.wix.com/about/privacy.

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 a 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

 

Special category data get, patient records and clinical information is destroyed by shredding within the clinic. Personal data is kept electronically in case of any legal claims/complaints for 10 years.

Data will be kept up to date by monthly auditing the clinic notes and clients records on the 1st Monday of each month. After 10 years all client electronic data will be deleted and erased, after 7 years all paper records will be destroyed. In the event that I am ill I will review this data when I have returned to work. In the event of my death I will appoint a receptionist

from the Orchard Chiropractic and Health Centre to delete all electronic data and shred all the paper clinical notes and special data records.

 

At any time you may request that changes are made to your contact details. 

 

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 your 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 (or the performance of a task in the public interest/exercise of official authority); 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 

 

The Acupuncture Clinic @ Orchard

Orchard Corner

La Route du Fort

St Helier

JE24PA

01534876510

jf@acupuncture-clinic.info  

www.julietforbes-acupuncture.com

 

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.