PRIVACY POLICY

I handle all patient communications and information in the strictest confidence. I comply fully with the Data Protection Act and European Union GDPR requirements and keep all patient information in secure electronic systems and secure filing cabinets. For a more comprehensive explanation of how I safeguard your data please read my Privacy Policy:

The purpose of this 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 these rights is a right to be informed, which means I need to give you information about the way in which I use, share and store your personal information.

I take your privacy very seriously. Therefore I am publishing this new privacy notice, so you can access this information, along with 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 privacy policy has been prepared in line with the EU’s General Data Protection Regulation (GDPR) and applies to all data I process. It comes into effect on 25th May 2018 and will be published on my website. If you would like to get in touch about anything in this policy or about your personal data please feel free to contact me at info@justinehankin.co.uk

 

Who am I?

I am Justine Hankin, the data controller of Justine Hankin Acupuncture, The Fulham Medical Centre, 446 Fulham Road, London, SW6 1BG. 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 my newsletters
  • visitors to my website

 

What is personal data?

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

Special category data is a sub-category of personal data revealing racial or ethnic origin, 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.

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

1         I use your name, address, telephone number and email address to make and rearrange appointments. I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

2         I use your name, address, telephone number and email address, only if I have your explicit consent, to send you marketing materials. I store these details on MailChimp which is encrypted and GDPR compliant. I will also monitor any emails sent to me, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send me is within the bounds of the law.

3         Some patients and prospective patients return their first consultation questionnaire or tell me about their medical conditions and medication by email or online enquiry forms to my email address info@justinehankin.co.uk. I am unable to send or receive encrypted emails, so you should be aware that any emails I send or receive may not be protected in transit. I will also monitor any emails sent to me, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send me is within the bounds of the law.

4         I keep a permanent attendance register which records all appointments for patients attending my 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. I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

5         I may use your date of birth to help identify patients with the same name – to avoid mistakes being made 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. I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

6         I use your presenting complaint and symptoms reported by you for the purposes of making a full traditional diagnosis, formulating treatment strategy and treatment planning. I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

7         I use any relevant medical and family history you have told me for making a full traditional diagnosis, formulating treatment strategy and treatment planning. I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

8         I use your GP’s name and address in the event that I need to contact your GP including in an emergency and because it is a mandatory requirement in the British Acupuncture Code of Professional Conduct I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

9         I use my clinical findings about your health and wellbeing for making a full traditional diagnosis and formulating treatment strategy and treatment planning. I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

10       I 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 me 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. I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

11       I record and use any information and advice that I 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. I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

12       I 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. I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

13       I keep accident records for any patients, visitors or staff who are involved in accidents at my 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. I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

14       In the event of an adverse incident occurring to any of my patients I report the matter to the British Acupuncture Council and my 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 British Acupuncture Council’s insurers and other interested parties.

15       Where relevant I 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.  I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

Section 16 applies to those who wish to make a complaint about my services

16       Should I receive a complaint from a person I will make up a file containing the details of the complaint. This will contain the identity of the complainant and any other individuals involved in the complaint.

I will only use the personal information I collect to process the complaint and to check on the level of service I provide. I will 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, I will try to respect that. However, it may not be possible to handle a complaint on an anonymous basis. I may need to provide personal information collected and processed in relation to complaints to the British Acupuncture Council or my insurance company.

I will keep personal information contained in complaint files in line with my 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 I store these details on a computer on GDPR compliant software called Cliniko. All information and notes are encrypted. Cliniko complies with the Data Processing Addendum (DPA) as this data is processed outside of the EU/EEA zone. The DPA provides appropriate safeguards for the transfer of data outside of the EU/EEA, as mentioned in Article 46, 2) c) of the GDPR legislation.

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

Sections 17 and 18 apply to subscribers to my newsletters

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

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

Sections 19 – 21 apply to my website users

19       When someone visits my website I use a third-party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. I 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. I do not make, and do not allow Google to make, any attempt to find out the identities of those visiting my website.

If I do want to collect personally identifiable information through my website, I will be up front about this. I will make it clear when I collect personal information and will explain what I intend to do with it.

20       My site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. I suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.

21       I share personal data with the following third parties:

  • MailChimp – Data is transferred outside of the European Economic Area to United States under the protection of EU/US Privacy Shield.
  • WordPress – Data is transferred outside of the European Economic Area to United States under the protection of EU/US Privacy Shield.
  • WordPress 4.9 – Data is transferred outside of the European Economic Area to United States under the protection of EU/US Privacy Shield.
  • Siteground – Data is not transferred outside of the European Economic Area.
  • Google Analytics – Data is transferred outside of the European Economic Area to the United States under the protection of EU/US Privacy Shield.

I may transfer personal data to a country outside of the European Economic Area (EEA), if for example, a third party I share data with has servers located outside of the EEA. If this is the case I will ensure that the transfer is legal and your data is secure by following the EUs guidelines.

You can see above where I send data outside of the EEA and on what basis I do so.

In the unlikely event of a criminal breach of my security I will inform the relevant regulatory body within 72 hours and, if your personal data were involved in the breach, I shall also inform you.

 

Sharing your personal data

Your personal data will be treated as strictly confidential, and will only 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
  • 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
  • with 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 I keep your personal data?

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

I 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

 

How do I destroy personal data?

Any data held on paper is collected and destroyed by the secure shredding company Shred It. All personal data collected on a computer through Cliniko software shall, upon the Customer’s request, and subject to the limitations described in the Agreement and the Security Practices Datasheet, be returned to the Customer or securely destroyed and demonstrate to the satisfaction of the Customer that it has taken such measures.

 

How will I keep data up to date?

Once a year on 25th May I will send an email asking patients to update their details.

What will happen should I die or experience a catastrophic injury?

Should I die or experience a catastrophic injury provision has been made with my administrator to email all patients informing them of this change in circumstances. Patients will have the option to have their data securely returned to them or passed on to my colleague, Dom Joire, or a practitioner of their choice to continue treatment.

 

Your contact details

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 I hold about you.
  • The right to request that I 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 me 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 I 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 where I am 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. I 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 I wish to use your personal data for a new purpose, not covered by this Privacy Notice, then I 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, I will seek your prior consent to the new processing.

 

Changes to my privacy policy and control

I may change this privacy policy from time to time. When I do, I will let you know by adding notices to our website or mobile app. By continuing to access or use my services after those changes become effective, you agree to be bound by the revised privacy policy.

 

Contact Details

To exercise all relevant rights, queries or complaints please in the first instance contact me at:

Justine Hankin
The Fulham Medical Centre
446 Fulham Road
London  SW6 1BG

T:020 7385 6001
M: 07973 655 527
E: info@justinehankin.co.uk

You can also 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