Key terms: It would be helpful to start by explaining some key terms used in this policy:
- We, us, our - Your Doctor Film and Media Limited a company registered in England and Wales with company number 09521858 whose registered office is at The Stables, New Lodge, Drift Road, Winkfield, Windsor, SL4 4RR
- Data Protection Officer - Peter Watts, CEO
- Personal data - Any information relating to an identified or identifiable individual
- Special category personal data - Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership Genetic and biometric data (when processed to uniquely identify an individual) Data concerning health, medical records, sex life or sexual orientation
- Data subject - The individual who the personal data relates to
Personal data we collect about you: We may collect and use the following personal data about you:
- your name and contact information, including email address and telephone number and company details;
- information to check and verify your identity, e.g. your date of birth;
- your gender, health and location data;
- information about how you use our website, IT, communication and other systems;
- your billing information, transaction and payment card information;
- your responses to surveys, competitions, and promotions;
- required information regarding your Covid-19 symptoms and the result of on-set Covid-19 swab tests.
We collect and use this personal data to provide services to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.
How your personal data is collected: We collect most of this personal data directly from you—in person, by telephone, text or email. However, we may also collect information:
- from publicly accessible sources, e.g. Companies House or HM Land Registry;
- directly from a third party, such as your employer;
- via our IT systems, eg: from door entry systems and reception logs and through automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems;
- where relevant via Covid-19 swab testing as required by current best practice guidelines on set and by Public Health England.
How and why we use your personal data: Under data protection law, we can only use your personal data if we have a proper reason, eg:
- where you have given consent;
- to comply with our legal and regulatory obligations;
- for the performance of a contract with you or to take steps at your request before entering into a contract; or
- for our legitimate interests or those of a third party.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own.
Here we explain what we use your personal data for and why.
What we use your personal data for: Our reasons
- Providing services to you: To perform our contract with you or to take steps at your request before entering into a contract
- Preventing and detecting fraud against you or us: For our legitimate interests or those of a third party, i.e. to minimise fraud that could be damaging for you and/or us
- Conducting checks to identify our customers and verify their identity To comply with our legal and regulatory obligations Other activities necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety law or rules issued by our professional regulator: To comply with our legal and regulatory obligations
- Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies: To comply with our legal and regulatory obligations
- Ensuring business policies are adhered to, e.g. policies covering security and internet use: For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you
- Operational reasons, such as improving efficiency, training and quality control: For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service to you at the best price
- Ensuring the confidentiality of commercially sensitive information: For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information. To comply with our legal and regulatory obligations
- Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures: For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service to you at the best price
- Preventing unauthorised access and modifications to systems: For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for you and/or us. To comply with our legal and regulator obligations
- Updating and enhancing customer records: To perform our contract with you or to take steps at your request before entering into a contract To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products
- Statutory returns: To comply with our legal and regulatory obligations.
- Ensuring safe working practices, staff administration and assessments: To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
- Marketing our services to: existing and former customers; third parties who have previously expressed an interest in our services; third parties with whom we have had no previous dealings. For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers
Where we process special category personal data, we will also ensure we are permitted to do so under data protection laws, eg:
- we have your explicit consent;
- the processing is necessary to protect your (or someone else’s) vital interests where you are physically or legally incapable of giving consent; or
- the processing is necessary to establish, exercise or defend legal claims.
We may use your personal data to send you updates (by email, text message, telephone or post) about our services, including exclusive offers, promotions or new services.
We have a legitimate interest in using your personal data for marketing purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you marketing information. However, where consent is needed, we will ask for this separately and clearly.
You have the right to opt out of receiving marketing communications at any time by:
- contacting us at firstname.lastname@example.org; or
- using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts.
We may ask you to confirm or update your marketing preferences if you ask us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business. We will always treat your personal data with the utmost respect and never share it with other organisations outside the Your Doctor group for marketing purposes.
Who we share your personal data with: We routinely share personal data with:
- companies within the Your Doctor group;
- third parties we use to help deliver our services to you e.g. practitioners, doctors, technicians employed or engaged by us , including, but not limited to lab work and/or other digitised / digital health information that you make available to us about you;
- third parties we use to help us run our business, e.g. marketing agencies or website hosts;
- third parties approved by you, e.g. social media sites you choose to link your account to or third party payment providers;
- in relation to Covid-19, test results will be shared with our third party client requiring your test and to your employer. Positive test results will be notified to Public Health pursuant to The Health Protection (Notification) Regulations 2010 (the 2010 Regulations) as amended.
We only allow our service providers to handle your personal data if we are satisfied, they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to you. If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).
Where your personal data is held
Personal data may be held at our offices and those of our group companies, third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal data with’). Some of these third parties may be based outside the UK. For more information, including on how we safeguard your personal data when this happens, see below: ‘Transferring your personal data out of the UK’.
How long your personal data will be kept
We will keep your personal data while you have an account with us or we are providing services to you. Thereafter, we will keep your personal data for as long as is necessary:
- to respond to any questions, complaints or claims made by you or on your behalf;
- to show that we treated you fairly;
- to keep records required by law.
We will not keep your personal data for longer than necessary. Different retention periods apply fordifferent types of personal data. When it is no longer necessary to keep your personal data, we will delete or anonymise it.
Transferring your personal data out of the UK
To deliver services to you, it is sometimes necessary for us to share your personal data outside the UK/EEA, e.g.:
- with your and our service providers located outside the UK;
- if you are based outside the UK;
- where there is a European and/or international dimension to the services we are providing to you.
Under data protection law, we can only transfer your personal data to a country or international organisation outside the UK where:
- the UK government has decided the particular country or international organisation ensures an adequate level of protection of personal data (known as an ‘adequacy decision’);
- there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for data subjects; or
- a specific exception applies under data protection law
These are explained below.
We may transfer your personal data to certain countries, on the basis of an adequacy decision. These include:
- all European Union countries, plus Iceland, Liechtenstein and Norway (collectively known as the ‘EEA’);
- Gibraltar; and
- Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay.
The list of countries that benefit from adequacy decisions will change from time to time. We will always seek to rely on an adequacy decision, where one exists.
Other countries or international organisations we are likely to transfer personal data to do not have the benefit of an adequacy decision. This does not necessarily mean they provide poor protection for personal data, but we must look at alternative grounds for transferring the personal data, such as ensuring appropriate safeguards are in place or relying on an exception, as explained below.
Transfers with appropriate safeguards
Where there is no adequacy decision, we may transfer your personal data to another country or international organisation if we are satisfied the transfer complies with data protection law, appropriate safeguards are in place, and enforceable rights and effective legal remedies are available for data subjects.
The safeguards will usually include using legally-approved standard data protection contract clauses. To obtain a copy of the standard data protection contract clauses and further information about relevant safeguards please contact us (see ‘How to contact us’ below).
Transfers under an exception
In the absence of an adequacy decision or appropriate safeguards, we may transfer personal data to a third country or international organisation where an exception applies under relevant data protection law, e.g.:
- you have explicitly consented to the proposed transfer after having been informed of the possible risks;
- the transfer is necessary for the performance of a contract between us or to take pre-contract measures at your request;
- the transfer is necessary for a contract in your interests, between us and another person; or
- the transfer is necessary to establish, exercise or defend legal claims.
We may also transfer information for the purpose of our compelling legitimate interests, so long as those interests are not overridden by your interests, rights and freedoms. Specific conditions apply to such transfers and we will provide relevant information if and when we seek to transfer your personal data on this ground.
- Further information: If you would like further information about data transferred outside the UK, please contact us (see ‘How to contact us’ below).
- Your rights: You have the following rights, which you can exercise free of charge:
- Access: The right to be provided with a copy of your personal data
- Rectification: The right to require us to correct any mistakes in your personal data
- Erasure (also known as the right to be forgotten): The right to require us to delete your personal data—in certain situations
- Restriction of processing: The right to require us to restrict processing of your personal data in certain circumstances, eg if you contest the accuracy of the data
- Data portability: The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
- To object: The right to object: at any time to your personal data being processed for direct marketing (including profiling); in certain other situations to our continued processing of your personal data, eg processing carried out for the purpose of our legitimate interests.
- Not to be subject to automated individual decision making: The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
For further information on each of those rights, including the circumstances in which they apply, please contact us (see ‘How to contact us’ below) or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights.
If you would like to exercise any of those rights, please:
- email, call or write to us—see below: ‘How to contact us’; and
- provide enough information to identify yourself (e.g. your full name, address and customer or matter reference number) and any additional identity information we may reasonably request from you;
- let us know what right you want to exercise and the information to which your request relates.
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Where possible our data is anonymised before any transmission, such as through the use of bar codes and data anonymising precautions. All patient data obtained in the carrying out of Covid-19 testing is retained securely and confidentially in accordance with the Data Protection Legislation on our own in-house WASP, regardless of the result.
How to complain
Please contact us if you have any query or concern about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have. You also have the right to lodge a complaint with the Information Commissioner or any relevant European data protection supervisory authority. The Information Commissioner may be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.
This privacy notice was first published on 22 March 2021 and last updated on 16 th September 2021. We may change this privacy notice from time to time—when we do, we will inform you via our website or email.
How to contact us
Our contact details are shown below:
- Peter Watts, CEO and Data Protection Officer
- In writing: The Stables, New Lodge, Drift Road, Winkfield, Windsor, SL4 4RR
- By email: email@example.com
- By phone: 0330 088 2163