Last updated May 2018
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a new regulation which replaces the Data Protection (Directive 95/46/EC) The Regulation aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate.
Even though the UK has expressed its intention to leave the EU in March 2019, the GDPR will be applicable in the UK from 25th May 2018. The Government intends for the GDPR to continue in UK law post Brexit and has also introduced a Data Protection Bill to replace the current Data Protection Act in due course.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purposes of data protection legislation, the data controller for this website is Advinia Health Care Homes Limited of 3rd Floor, 314 Regents park Road, London, N3 2JSX.
Advinia Health Care Homes Limited owns and operates care homes in Scotland and England through a group of companies. Each Care Home is established as their own independent company and may be established as a subsidiary company of Advinia and therefore, may a separate Information Commissioner’s Office registration.
Our Data Protection Officer is Ray Noppe, who can be contacted on firstname.lastname@example.org
Who we are and what we do
We are a UK based care home provider, and we provide associated services to ensure that our Residents have the best care possible. With Advinia it's not just about care. It's about making sure that the care we deliver helps our Residents to enjoy life to the fullest.
We collect personal data of the following types from people to allow us to undertake our business;
• You, our Residents, to whom we provide services and care homes;
• Your next of kin and relatives’ data which you may share with us to help us to provide you with our services;
Our own employees, consultants, temporary workers who work for us;
Visitors to our care homes, be they, suppliers or visitors to our Residents; and
Businesses we may work with to help provide to you the appropriate services.
We may also collect other ancillary information about you not listed here to help carry out our core business and activities.
Information you give to us or we collect about you
This is information about you (the resident or prospective resident) that you give us by filling in forms or registering on our website www.Advinia.co.uk (our site) or by attending or corresponding with us by phone, e-mail or otherwise directly with one of our care homes. For the purposes of this Policy when we refer to resident we also include any representative of the resident or those who may hold Power of Attorney. It includes information you provide when you register to use our site, to enter our database, subscribe to our services, move into or visit our care homes, participate in an event or engage with social media functions on our site, enter a competition, promotion or survey online or in person, and when you report a problem with our site or care home.
The information you give us or we collect about you may include your name, address, private and corporate e-mail address and phone number, financial information, compliance documentation, contact details, photographs as well as information necessary for your care which may form part of your care plan including:
Information we may collect from or about Residents
Information pertaining to your mental or physical state;
Emergency contact details; and
Other data which may be required to help provide you with the best possible care that we can.
With regards to Residents within our homes, we may collect information regarding or given by:
A family member, or someone else acting on your behalf;
Doctors, other clinicians and health-care professionals, hospitals, clinics and other health-care providers;
Any service providers who work with us in relation to your product or service, if we don’t provide it to you direct, such as providing you with beds, chairs, medical treatment, dental treatment or health assessments; and
Sources which are available to the public, such as the edited electoral register or social media.
Information we collect about you when you visit our website.
With regard to each of your visits to our site we will automatically collect the following information:
Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information if applicable, browser type and version, browser plug-in types and versions, operating system and platform;
Information about your visit, including the full Uniform Resource Locators (URL) and how you interact with our site.
Purposes of the processing and the legal basis for the processing
We use information held about you in the following ways:
To carry out our obligations arising from any contracts for care that we intend to enter into or have entered into between you and us and to provide you with the information, products and services that you request from us or we think will be of interest to you because it is relevant to your care plan.
To provide you with information about other goods and services we offer that are similar to those that you have already purchased, been provided with, or enquired about.
The core service we offer to you is to provide the highest standard of care for our Residents tailored to each individual’s needs. We want to provide quality care whilst both celebrating life and offering the all the comforts of home.
Our legal basis for the processing of personal data is our legitimate business interests, described in more detail below, although we will also rely on contract, legal obligation and consent for specific uses of data.
We will rely on contract if we are negotiating or have entered into a care agreement with you or the local council or any other contract to provide care home services to you.
We will rely on legal obligation if we are legally required to hold or share information on you to fulfil our legal obligations, be it reporting requirements to your social worker or information which must be shared with local authorities.
We will in some circumstances rely on consent for particular uses of your data and you will be asked for your express consent, if legally required. Examples of when consent may be the lawful basis for processing include permission to share your personal data with a service provider, such as 3rd party provider of ergonomic chairs for residents within homes.
Our Legitimate Business Interests
We have a number of lawful reasons that mean we can use your personal information, including your consent, where you give it. One lawful reason is something called 'legitimate interests'. In general terms, “Legitimate Interests” means we can process your personal information if:
We have a genuine and legitimate reason; and
We are not harming any of your rights and interests.
Should we want or need to rely on consent to lawfully process your data we will request your consent orally, by email or by an online process for the specific activity for which we require consent and record your response on our systems. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.
Other Uses we will make of your data:
- Use of our website;
- To notify you about changes to our service;
To ensure that content from our site is presented in the most effective manner for you and for your computer.
We will use this information:
As part of our efforts to keep our site safe and secure;
To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
To improve our site to ensure that content is presented in the most effective manner for you and for your computer;
To allow you to participate in interactive features of our service, when you choose to do so;
To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
To make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
We do not undertake automated decision making or profiling. We do use our computer systems to search and identify personal data in accordance with parameters set by a person. A person will always be involved in the decision making process.
Disclosure of your information inside and outside of the EEA
There are certain third parties we work with to help us to deliver to you the best service we can. This includes:
BUPA Who are in the process of transferring 22 Care Homes to Advinia. During this transitionary period they will continue to have access to the personal data of residents.
Civica is a global IT-based services partner in digital solutions, software applications, and managed services.
Caresys is a Care Home Management system helping to manage hours worked, employee and Resident details, invoicing and services.
We will disclose your personal information to third parties:
If we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
If Advinia Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Where we store and process your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (”EEA”). It may be transferred to third parties outside of the EEA.It may/will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff engaged in, among other things, our accountancy services and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy notice.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Retention of your data
We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes and we will collect express consent from you if legally required prior to using your personal data for marketing purposes.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The GDPR provides you with the following rights. To:
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party in certain formats, if practicable.
Make a complaint to a supervisory body which in the United Kingdom is the Information Commissioner’s Office. The ICO can be contacted through this link: https://ico.org.uk/concerns/
Access to information
The Data Protection Act 1998 and the GDPR give you the right to access information held about you, when you ask for this information this is called a Subject Access Request. We also encourage you to contact us to ensure your data is accurate and complete.
Your right of access can be exercised in accordance with the Act and the GDPR. A Subject Access Request can be made using the following form, which also contains guidance on how to do so [LINK FORM AND GUIDANCE HERE]. Once completed the form should be submitted to our Data Protection Officer at email@example.com. No fee will apply, as laid down by the GDPR. You can also use our Subject Access Form.
Changes to our privacy notice
Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail / displayed in our Care Homes. Please check back frequently to see any updates or changes to our privacy notice.
We hope that we have shared with you all the information you need, but in the event that we haven’t, or if you have any questions then please do not hesitate to contact our Data Protection Officer firstname.lastname@example.org.