The Gut Health Clinic Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of our clinic clients and of everyone who visits our website, theguthealthclinic.com (“Our Site”). We will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
Information About Us
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What Is Personal Data?
Personal data is defined by the Data Protection Legislation as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers. It does not include data where the identity has been removed (anonymous data).
What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
The right to access the personal data we hold about you. Part 14 will tell you how to do this.
The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 16 to find out more.
The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 16 to find out more.
The right to restrict (i.e. prevent) the processing of your personal data.
The right to object to us using your personal data for a particular purpose or purposes.
The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 16.
If you have any cause for complaint about our use of your personal data, we would welcome an opportunity to resolve this with you: please contact us using the details in Part 16. If you are not happy with how we have attempted to resolve your complaint, you may contact the Information Commissioner’s Office, the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO.
What Data Do You Collect and How?
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a product or service contract you have with us but we will notify you if this is the case at the time.
How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data.
Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal obligation.
Where you have consented to us using or processing your personal data, either by completing our GDPR consent form or by consenting to receiving direct marketing communications from us. You have the right to withdraw consent at any time by contacting us.
The following table describes how we may use your personal data, and our lawful bases for doing so:
We may use your identity, contact, technical, user and profile data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we refer to this as marketing).
You will receive marketing communications from us if you have requested information from us or purchased services from us and 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 or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
We use a third-party payment processors, currently Stripe, GoCardless and PayPal, (“Payment Processors”) to assist in securely processing your payment information. If you pay with a credit card the payment information that you provide is encrypted and transmitted directly to the Payment Processor. We do not store your payment information and do not control and are not responsible for the Payment Processors or their collection or use of your information. You may find out more about how the Payment Processors store and use your Payment Information by accessing the Payment Processors’ privacy policies here: Stripe; GoCardless.
If you choose to use PayPal to make payment for our services, you will be directed to the PayPal website and provide your payment information directly to PayPal. PayPal’s privacy statement applies to the information you provide on the PayPal website.
We do not carry out automated decision making or any type of automated profiling.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
How Long Will You Keep My Personal Data?
Where we collect any personal data, it will be processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected (including for the purposes of providing our services to you, or of satisfying any legal, accounting or reporting requirements).
When deciding what the correct time is to keep the data for, we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means, and the legal requirements.
We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
For tax purposes, the law requires us to keep basic information about our customers (including identity, contact and payment information as well as information on the contracts we enter into with our clients) for six years after they stop being clients.
In some circumstances, we may anonymise your personal data for research of statistical purposes in which case we may use this information indefinitely without further notice to you.
How and Where Do You Store or Transfer My Personal Data?
The security of your personal data is essential to us and to protect your data, we take a number of important measures, including the following:
agreed, organisation-wide standards on security and data handling;
personal data is stored on a secured network;
physical security controls at our clinic;
access to your personal data is limited to those employees, agents, contractors, and other third parties with a legitimate need to know and they are subject to duties of confidentiality; and
we have in place procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the relevant authorities where we are legally required to do so.
We may use external third parties to provide medical treatment facilities, systems, technology or support which involves them processing personal data, necessitating a transfer of that personal data. For example, our email system is provided by Google, our CRM sales system is provided by Pipedrive and our practice management system (WriteUpp) is provided by Pathway Software (UK) Limited. Some external third parties, including Google and Pipedrive, may use physical or cloud storage which is based outside the United Kingdom. If your consultations take place at OneWelbeck, we also need to store your personal data (including records of your consultations) on OneWelbeck’s Compucare system, to comply with OneWelbeck’s regulatory obligations, as described in more detail in section 11 below. By providing any information, including personal data to us, you consent to such transfer, storage and processing.
Countries outside the EEA may not have data protection laws that are as strong as those in the UK. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, by using contracts with external third parties that require the same levels of personal data protection that would apply under the Data Protection Legislation.
We may also need to share or transfer your data to a third-party healthcare provider outside the United Kingdom if you are a resident of another country and that third party healthcare provider is providing your ongoing care and you have specifically requested us to share that data.
Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.
We may have to share your personal data with service providers who provide IT and system administration services. For example, we use:
Pipedrive to provide our CRM sales system. This data processing addendum describes how Pipedrive processes our clients’ data.
We may also share your personal data with your referrer, the NHS or other independent healthcare professionals or your health insurers, or with other third parties (such as courier services who deliver tests to our clients) if you specifically request this and have consented to it.
We may be required to share personal data (for example with your GP or with the emergency services) if we consider that there is a real risk of harm to you or to others.
On occasion we may also share your personal data with our professional advisers such as lawyers, bankers, auditors and insurers.
We may need to share your personal data with HM Revenue & Customs, regulators and other authorities based in the United Kingdom if they request this.
We may use a third-party provider of email direct marketing services, in which case we will share your personal data with them for the purpose of providing those direct marketing services only, provided you have opted-in to receive our marketing communications.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if:
we are involved in legal proceedings
we are complying with legal obligations, for example as regards our safeguarding obligations, or our obligations in relation to terrorism, money laundering or drug trafficking
we are complying with a court order
we are complying with the instructions of a government authority
we are required to do so by a regulatory body, for example in relation to a client complaint or regulatory breach or investigation.
If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 10.
If any personal data is transferred outside of the United Kingdom, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the United Kingdom and under the Data Protection Legislation, as explained above in Part 10.
How Can I Control My Personal Data?
In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via Our Site, you may be given options to restrict our use of your personal data. We aim to give you control over our use of your data for direct marketing purposes (including the ability to opt out of receiving marketing emails from us), which you may do by unsubscribing using the links provided.
Can I Withhold Information?
You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email address shown in Part 16.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on Our Site for the purposes of our analytics system. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.
All Cookies used by and on Our Site are used in accordance with current Cookie Law.
Before Cookies are placed on your computer or device, you will be shown a pop-up asking you to give your consent to set those Cookies. By consenting to the placing of Cookies you are enabling us to provide the best possible experience and service to you.
Our Site uses Google Analytics and Droptrim to provide website analytics services. Website analytics refers to a set of tools used to collect and analyse usage information, enabling us to better understand how Our Site is used and how best to target potential customers. This, in turn, enables us to improve Our Site and the services offered through it.
Our Site also uses third party cookies from social media sites such as Facebook and Instagram, which allow us to measure the effectiveness of our social media advertising campaigns by tagging social media users when they visit Our Site, and to re-target our advertising.
These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
The above services used by Our Site use third-party Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable us to continually improve Our Site, making it a better and more useful experience for you.
In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently.
How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please email our DPO at [email protected] , marking your email “Subject Access Request”.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.