The processing of personal data is governed by the General Data Protection Regulation 2016/679 (the GDPR). This legislation replace current data privacy law, giving more rights to you as an individual and more obligations to organisations holding your personal data.
Who are we?
Chi Yu Wellness Centre is a physical store based at 36 George Street, London W1U7DR (telephone: 020 74860304, email: email@example.com) and also an online store: chi-yu.co.uk. Chi Yu is the “data controller”, 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:
- clients and customers;
- prospective clients and customers;
- former clients and customers;
- people who subscribe to our newsletters;
- visitors to our website;
- customers of our online store;
- job applicants and our current and former employees and subcontractors.
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.
Sections 1-15 apply to our clients, prospective clients, former clients and visitors to our wellness centre
- We use your name, 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. See also section 17 and 18.
- We keep a permanent attendance register on Salon Iris, which records all appointments for patients attending our centre 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 a regulatory body, such as, the British Acupuncture Council. A backup of the Salon Iris database is created hourly during the hours the centre is open for business. Up to a maximum 12 backup files are kept on the PC with copies automatically stored in Dropbox. Personal data is completely expunged from back-ups by 24 hours after deletion. All backups are password protected.
- 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 client to another health practitioner, and for identification purposes if writing to a registered medical practitioner so that they correctly identify the patient.
- 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.
- We use any relevant medical and family history you have told us for making a full traditional diagnosis, formulating treatment strategy and treatment planning.
- 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 some codes of professional conduct, such as, the British Acupuncture Code of Professional Conduct.
- We use our findings about your health and wellbeing for making a full traditional diagnosis, and formulating treatment strategy and treatment planning.
- 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.
- We record and use any information and advice that we have given, especially when referring clients 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.
- 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.
- We keep accident records for any patients, visitors or staff who are involved in accidents at our centre 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.
- In the event of an adverse incident occurring to any of our clients we report the matter to the relevant regulatory body, such as the British Acupuncture Council, and to our insurance company to enable the insurance company to deal with any potential claims and to help the regulatory body develop its safe practice guidelines, as well as providing research data and information for regulatory/professional bodies, insurers and other interested parties.
- Where relevant we maintain records of the client’s consent to treatment, or the consent of their next-of-kin in order to be able to prove that the client (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.
- Our current system for keeping client treatment records is google docs, a cloud server based digital document. Access to records is protected by password and available to chi yu staff only via password protected computers and tablets. Records are only shared with active therapist of chi yu and will never be shared with third parties without explicit consent from the client. We also have some legacy records in paper form stored in a locked cupboard with digitally scanned backups in PDF format stored on a password protected Dropbox cloud storage account.
Section 16 applies to those who complain about our services
- 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 relevant regulating body, such as 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. Details of a complaint are recorded in complainants treatment record (see section 15). 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.
Sections 17 and 18 apply to subscribers to our newsletters
- We use SendinBlue.com, a third party GDPR compliant provider, to sign-up, maintain and use records (or lists) of subscribers to deliver our newsletters to inform subscribers about products, services and/or news we supply/publish. Sign up or opt is by consent only and requires: first name, last name and email address. Any new clients to our business will not be automatically opted in for any kind of marketing. Subscribers are free to unsubscribe at anytime by clicking unsubscribe in the emails themselves or via phone or email.
Sections 19 – 29 apply to our website and online store users
- 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.
- We use a third party service Capital Web to help maintain the security and performance of our website. To deliver this service it processes the IP addresses of visitors to our website.
- When you use our general enquiry form and appointment request forms they store your name, email, phone number and details of the enquiry. We are notified of the enquiry by an automatically generated email sent to firstname.lastname@example.org. Your data is only used to respond to your enquiry and to make an appointment or register you on our booking system (Salon Iris) if you become a new client. We may use the data from your enquiry, anonymously, to help us improve our services and products at chi yu wellness centre. We do not share your personal data with third parties. All enquiries are deleted after 1 year.
- If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue. If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
- If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
- We will ask you to register with us if you wish to use the following features of our site to: purchase goods & services from us and sign up to our email newsletter. You will be required to provide personal information and details. This may include: your name, address, telephone number, email address and payment details (if you order an item). This information is then stored in our ‘my account’ feature if you use the online store. You can access, edit and delete information from this area at any time. Website administrators can also see and edit that information.
- The information you provide us ensures we are able to complete your order and may be used for the following end use: (a) administration of our site: to ensure you receive your order. We may instruct select companies to work on our behalf to maintain and ensure this service is provided. This may include delivery companies or payment administrators to process your credit, or debit card payment. Such companies may access your personal details in conjunction with fulfilling their required function, and may not use information for any other purpose (b) customer service: to ensure we can answer your questions, provide information about your order and update you with the status of your order and (c) if you sign up to our newsletter, exclusive direct marketing: to keep you up to date with new products and services we provide. We do not pass on information to any other company, no matter how select. Each newsletter gives you the option to be removed from our mailing list.
- SSL encryption is used to protect all transactional information to the highest standard. Protected information includes: (a) your personal contact information (b) credit or debit card details (c) any other names and addresses provided when you ask us to deliver to another address or person and (d) purchasing history.
- We process all payments via third party payment providers: (a) PayPal (Online Payment Provider) and (b) Braintree (Online Payment Provider), as such your payment details and credit card are not recorded or stored directly on your website or online store and our cookies do not remember your or payment details and credit card details.
Sections 30 to 34 apply to job applicants, current and former employees
- We are the data controller for the information job applicants provide during the process.
- All of the information you provide during the process will only be used for the purpose of progressing your application, or to fulfil legal or regulatory requirements if necessary.
- We will not share any of the information you provide during the recruitment process with any third parties for marketing purposes or store any of your information outside of the European Economic Area. The information you provide will be held securely by us whether the information is in electronic or physical format.
- We will use the contact details you provide to us to contact you to progress your application. We will use the other information you provide to assess your suitability for the role you have applied for.
- We do not collect more information than we need to fulfil our stated purposes and will not retain it for longer than is necessary.
- The information we ask for is used to assess your suitability for employment. You don’t have to provide what we ask for but it might affect your application if you don’t.
- We ask you for your personal details including name and contact details. We will also ask you about your previous experience, education, referees and for answers to questions relevant to the role you have applied for.
- We shortlist applications for interview.
- If we make a conditional offer of employment we will ask you for information so that we can carry out pre-employment checks. You must successfully complete pre-employment checks to progress to a final offer. We are required to confirm the identity of our staff, their right to work in the United Kingdom and seek assurance as to their trustworthiness, integrity and reliability.
You will therefore be required to provide:
- Proof of your identity – you will be asked to attend our centre with original documents, we will take copies.
- Proof of your qualifications – you will be asked to attend our centre with original documents, we will take copies.
- You will be asked to complete a criminal records declaration to declare any unspent convictions.
- We will contact your referees, using the details you provide in your application, directly to obtain references.
- If we make a final offer, we will also ask you for the following:
- Bank details – to process salary payments
- Emergency contact details – so we know who to contact in case you have an emergency at work.
- If you are successful, the information you provide during the application process will be retained by us as part of your employee file for the duration of your employment plus 6 years following the end of your employment. This includes your criminal records declaration, fitness to work, records of any references. If you are unsuccessful at any stage of the process, the information you have provided until that point will be retained for 6 months from the closure of the recruitment process. Information generated throughout the assessment process, for example interview notes, is retained by us for 6 months following the closure of the recruitment process.
- All of the information gathered during the application process is taken into account to make final recruitment decisions.
- You are able to ask about decisions made about your application by speaking to Mami Tsang or by emailing email@example.com.
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 the relevant regulatory body, such as 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 client records for a period of 7 years in accordance with relevant professional bodies, such as the British Acupuncture Code of Professional Conduct https://www.acupuncture.org.uk/public-content/effective-practice/bacc-professional-codes.html
We keep employee records for a period of 1 year in case the employee decides to return and for any legal claims/complaints
We keep job applications for no longer than 6 months if unsuccessful
At any time you may request that changes are made to your contact details and other relevant personal data we may hold. Otherwise your personal data is kept up to date in the following ways:
- Client registration data – by reception staff and administrators
- Treatment records – by therapists
- Newsletter sign-up data – by subscribers
- Online store account – by customer account holders
- Website data – by administrators
- Employee records – by administrators
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/
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.
To exercise all relevant rights, queries of complaints please in the first instance contact us at:
Henry Tsang (Nominated Data Protection Officer)
Chi Yu Wellness Centre, 36 George Street, London W1U7DR, UK
Tel: 020 74860304, Email: Henry@chi-yu.co.uk
Resources & Further Information
- Overview of the GDPR – General Data Protection Regulation
- Data Protection Act 1998
- Privacy and Electronic Communications Regulations 2003
- The Guide to the PECR 2003
- HR Form Templates
END OF PRIVACY NOTICE
[v.1.0 25 May 2018. Edited & customised by: Chi Yu Wellness Centre]