Privacy Policy

Purpose of this privacy policy

It is important that you read this Privacy Notice together with any other Privacy Notice or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

Controller

Physiobrite Limited is the controller and responsible for your personal data (referred to as “we”, “us” or “our” in this Privacy Notice). A controller is the organisation that decides how and why your personal information is processed, collected or used.

We have not appointed a Data Protection Officer to oversee our compliance with data protection legislation as we are not required to do so, but our Data Privacy Manager has overall responsibility for data protection compliance in our organisation. Contact details are set out in the contacting us section at the end of this Privacy Notice.

Contact details

If you have any questions about this Privacy Notice or our privacy practices, please contact our Data Privacy Manager at admin@physiobrite.com.

Our full contact details are: Physiobrite Limited, a company registered in England. Our company registration number is 11913850.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), 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 so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our Privacy Notice under regular review. We may update this Privacy Notice from time to time and will publish the updated version on our site. Where we hold a valid email address for you, we will also notify you of any material changes by email. 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.

Third-party links

This site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our site, we encourage you to read the privacy policy of every website you visit.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

When you interact with us you may provide us with or we may obtain personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Business Data if you are a referrer or a health care provider, includes information about the organisation for which you work (if you choose to disclose that data to us).
• Contact Data includes billing address, residential address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of services you have purchased through us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this site.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our site, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, your communication preferences, any communications including those that you send to us and receive from us, details of any claims, letters, emails, SMS, MMS, social media communication/posts and other electronic communication and may in some cases include audio recording of telephone conversations.We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.We collect broad details of your requirements for a health care provider based on your injury or symptoms. This is a Special Category of Personal Data. We do not collect any other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health (other than what you disclose to us), and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.We may not collect all of the above types of personal data about you, and what we do collect will depend upon the nature of your relationship with us and what data you disclose to us.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We collect details of your requirements for a physiotherapist based on your injury or symptoms. This is a Special Category of Personal Data. do not collect any other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences

IF YOU FAIL TO PROVIDE PERSONAL DATA

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 goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact, Business, Special Category and Financial Data by filling in forms, including on our site or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • are looking for a health care provider (e.g. a physiotherapist);
  • create an account on our site, for example, if you are a referrer or a physiotherapist or other health care provider;
  • subscribe to our service or publications;
  • request marketing to be sent to you; and
  • give us feedback or contact us.
• From third party referrals and recommendations: a referrer (e.g. your Dr) may provide your details to us, where you are looking to be referred to a health care provider.
• Your employer: your employer may provide your details to us, where they are registering their business on our site.
• Automated technologies or interactions: As you interact with our site, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
• Providers of information: which may include professional bodies or trade associations, Companies House, the HCPC register and the Electoral Register, credit reference agencies, money laundering check provider, LinkedIn and other web platforms.

We will also collect additional personal data throughout the period of our relationship with you. If you are providing personal data regarding other individuals to us, it is your responsibility to ensure that you have the right to provide the information to us.

If you are providing us with details about other individuals they have a right to know and to be aware of what personal data we hold about them, how we collect it and how we use and may share that information.

Please share this Privacy Notice with those of them whom you feel are sufficiently mature to understand it. They also have the same rights as set out in the “Your Legal Rights” section below.

We will only use your personal data when the law allows us to. 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.

Click here [LINK TO GLOSSARY, LAWFUL BASIS] to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• • Where you have consented (either to us directly or to your Dr or other health care professional) for us to introduce you, via our site, to a health care provider;
  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where we need to perform the contract we are about to or have entered into with your employer.
  • 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.

Other than as noted above, generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending you third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by clicking the unsubscribe link in any email we send you or by otherwise contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

We may share your personal data with the parties set out below for the purposes set out in the “Purposes for which we will use your personal data” above.

• If you are a prospective patient, then relevant health care providers in your area that are registered on our site.
• If you are a health care professional, then to prospective patients who are seeking services/products which are the same or similar to those that you provide and on our site generally to promote your services.
• If you are a referrer, then to the leads that you input into the site, so that they know that you referred them to us, in order for us to facilitate their introduction to a health care provider.
• Third parties to who we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may see to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use personal data in the same way as set out in this Privacy Notice.
• Legal or regulatory authorities where we are under a legal duty to do so or where we are permitted to do so.
• Our advisors and representatives or your advisors and representatives.
• Marketing and public relations companies: to help us to develop, carry out and assess marketing and PR campaigns.
• Other service providers and advisors to us: such as companies that support our IT, help us analyse the data we hold, process payments, send communications to our customers, provide us with legal, property or financial advice and generally help us deliver our products and services to you or the organisation that you represent or for us to purchase them from you or the organisation you represent.

Where we share your data with third parties, we will take appropriate steps with the aim of ensuring that your rights continue to be protected. We will only provide to them the personal information that is necessary for them to utilise. We have agreements in place with any third parties that process personal data on our behalf that require them to safeguard your personal data and comply with our data privacy principles as given within this Privacy Notice. Some third parties will have a direct relationship with you.

Your personal data and special categories of personal data is stored electronically on our secure servers all of which are located within the UK. Your personal data and special categories of personal data may also be stored in hard copy form at our premises or in secure external storage.

We will only ever transfer your data outside of the UK to:

• Follow your instructions;
• Comply with a legal duty; or
• Provide information to our agents and/or advisors who we use to help administer your account or the account of an organisation you are linked with.
  Where we do transfer information outside of the UK, we will take appropriate steps with the aim of ensuring that it is protected in the same way as if it was processed within the UK. To that end, we will ensure one or more of the following safeguards:
• Transfer it to a country outside the UK but which has privacy laws that give the same or a comparable level of protection as those within the UK;
• Put in place a contract with the recipient of the data which requires them to protect it to the same standards as those within the UK; or
  Our directors and other individuals working for us may in limited circumstances access personal information outside of the UK if they are on holiday abroad outside of the UK. If they do so they will be using our security measures and will be subject to their arrangements with us which are subject to English Law and the same legal protections that would apply to accessing personal data within the UK.

If you have any questions about transfers of personal data, please contact us using the details provided at the beginning of this notice.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements and in connection with a complaint or litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• The right to be provided/access information about how your personal data is being used.
• The right to access the personal data we hold about you.
• The right to request correction of your personal data where it is inaccurate or out of date.
• The right to request erasure of your personal data in certain circumstances and where it is no longer required and where we no longer have a lawful reason for holding your information.
• The right to object to processing of your personal data, particularly where we rely on ‘legitimate business interest’ as a lawful basis for the processing of your data.
• The right to request restriction of processing your personal data, for example where you believe it is unlawful for us to process it, you believe the information we hold is inaccurate, you have objected to its use and our investigation is pending, or we no longer require your information but you require us to keep it for legal reasons.
• The right to request the transfer of your personal data to yourself or another ‘controller’ (person or organisation) in certain circumstances. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• The right to withdraw consent where we rely on this as the only lawful basis for processing. If you withdraw your consent, our use of your personal data before your withdrawal remains lawful.
• The right to object to certain automated decision-making processes using your personal information.

If you wish to exercise any of the rights set out above, please contact us.

You should note that some of these rights, for example the right to require us to transfer your data to another controller or the right to object to automated decision making, may not apply as they have specific requirements and exemptions which apply to them and they may not apply to personal information recorded and stored by us. For example, we do not use automated decision making in relation to your personal data. However, some have no conditions attached, so your right to withdraw consent or object to processing for direct marketing are absolute rights.

The way we process your personal data and the legal basis upon which we rely to process it may affect the extent to which these rights apply. If we choose not to action any request from you, we will explain the reasons for our refusal.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

External Third Parties

• Service providers acting as processors based in the UK who provide IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based [in the United Kingdom who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.