Published: May 2018
Paul Adkins – FACIALENHANCE® Positive Acupuncture – Room 2, Highgrove House, Truro Business Park, Threemilestone, Truro, Cornwall. TR4 9NH
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.
Who are we?
Paul Adkins – FACIALENHANCE® is the data controller – Positive Acupuncture, Room 2, Highgrove House, Truro Business Park, Threemilestone, Truro, Cornwall. TR4 9NH – 01726 883187.
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:
workshop/masterclass students and alumni;
online students and alumni;
people who subscribe to our newsletters;
visitors to our website;
online shop customers;
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 patient notes or practitioner forms.
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.
TRAINING WORKSHOPS AND MASTERCLASSES
Sections 1-9 apply to our workshop/masterclass students and alumni, and affiliates
Storage: The details outlined in sections 1 – 9 (unless otherwise indicated – see section 7 and 8) are stored on your individual paper practitioner forms in a locked filing cabinet in my home office for 7 years after your most recent training course, as per the requirements of my insurers.
1. We use your name, address, telephone number and email address to arrange and follow-up your training. 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.
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. Some students and prospective students may provide details of their acupuncture background and training 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.
4. We keep a permanent attendance register of students attending our clinic or workshops to keep a record of when you undertook training 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.
5. We keep a record of any medical conditions you have told us about in order for you to receive treatment during your training, and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint.
6. We keep the practice details you give us on your practitioner form, when provided and upload them to our website with your consent. This enables prospective patients to contact you for treatment. These listings can be updated or removed at any time by contacting email@example.com
7. We keep accident records for any patients, students, 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. This record is also stored with Dropbox, which means that the data is transferred out of the EU to the US and covered by the EU-US Privacy Shield.
8. In the event of an adverse incident occurring to any of our students, we report the matter to our insurance company to enable the insurance company to deal with any potential claims and to help develop its safe practice guidelines, as well as providing research data and information for the insurers and other interested parties. This record is stored with Dropbox, which means that the data is transferred out of the EU to the US and covered by the EU-US Privacy Shield.
9. Where relevant we maintain records of the student’s consent to treatment in order to be able to prove that the student has given informed consent to treatment to secure evidence in the event of a civil claim, criminal prosecution, insurance claim or complaint.
10. We display personal testimonials of satisfied students on our website and in print advertisements. With your consent, we may use your testimonial, your name and location. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org
11. With the consent of students, we may upload photographs taken during their training on our website, for as long as they are relevant, and on our social media platforms. Anyone photographed, whether past or current may withdraw consent for a photograph in which they appear to be displayed. The process for this is to email us at email@example.com specifying the photo in question. We will then remove the photo from any online and printed display. Photographs are securely stored on a password-protected PC in my home office and are also stored with Dropbox, which means that the data is transferred out of the EU to the US and covered by the EU-US Privacy Shield.
12. We keep affiliate contracts in case of any breach or legal claim in line with UK limitation laws.
Section 13 applies to those who complain about our services
13. 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.
The data outlined in section 13 would be stored in a file in a locked filing cabinet. The office is locked and the building is alarmed outside of working hours. This record is also stored with Dropbox, which means that the data is transferred out of the EU to the US and covered by the EU-US Privacy Shield.
Sections 14 and 15 apply to subscribers to our newsletters
14. We maintain and use records of subscribers to our newsletters, which include occasional offers and updates – only with their consent, for marketing purposes.
15. We use a third-party provider, Mailchimp, 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. Subscribers can unsubscribe at any time via a link in the email footer. For information, please see Mailchimp’s privacy notice.
Sections 16 – 21 apply to our website users
18. We use a third-party service Limit Login Attempts Reloaded to help maintain the security and performance of our website. To deliver this service it processes the IP addresses of visitors to our website; all logged IPs get obfuscated (md5-hashed).
19. We use a third-party service, WordPress.org, to host our website including publishing our blog. This site is hosted at Siteground.co.uk, which is run by Siteground Hosting Ltd. We use Google Analytics (see section 16) 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.
20. WordPress.org requires visitors that want to post a comment to enter a name and email address. Comments will be saved to the website’s database, along with an IP address and the date and time of the comment. This information is used for identification purposes only and is not passed onto third parties. Only your name will be shown alongside your comment unless you’ve subscribed to Gravatar whereby your Gravatar image will be displayed. Personal identifying information should not be entered by visitors on this website.
Should you wish to have a comment removed, please contact us with the email address you used to upload it at firstname.lastname@example.org
21. Contact forms or email links do not store details on our website, instead, the data is transferred via Simple Mail Transfer Protocol (SMTP). 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.
For more information about how Siteground.co.uk processes data, please see here.
For more information about how WordPress.org processes data, please see here.
For more information about how Gravatar handles data, please see here.
Section 22 applies to our online shop customers
Storage: We keep your data only as long as necessary to fulfil our contractual obligations towards you and as required by UK tax laws. Please see the section ‘Website Users’ above to see how we keep website data secure.
Transaction Data: Details about the purchases you make are required to manage and deliver your order.
Financial Data: Payments are processed by PayPal – a third party data processor. To review how PayPal processes data, please see here.
Technical Data: Your login data (username and password) is required for creating an account in order to purchase securely and for us to fulfil your order. An IP address is collected to validate a customer’s billing address.
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 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 practitioner forms and training disclaimers for a period of 7 years in accordance with our insurer’s requirements.
We keep your credit card data for 18 months in line with Worldpay’s (our payment processing company) terms for legal claims.
We keep a permanent attendance and payment records for 6 years in line with HMRC’s regulations.
By law, we have to keep basic information about our online shop customers (including Contact, Identity, Financial and Transaction Data) for 6 years after they cease being customers for tax purposes.
We keep affiliate contracts for a period of 6 years in line with UK limitation periods.
Google Analytics is automatically deleted after 26 months and then every month thereafter.
If I become incapacitated, if I am seriously ill, or die my executor has been instructed to securely shred all practitioner forms.
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 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/
To exercise all relevant rights, queries of complaints please in the first instance contact us at:
Paul Adkins – FACIALENHANCE®, Positive Acupuncture, Room 2, Highgrove House, Truro Business Park, Threemilestone, Truro, Cornwall. TR4 9NH