Privacy Policy

INTRODUCTION

This Privacy Notice sets out details of the information that I as Breast and Body Clinic UK, am responsible for whilst undertaking your treatment. It lays out what information I may collect from you and how that information may be used.

PRIVACY NOTICE

1. This privacy notice:

• In this privacy policy notice we will provides you a complete details of how we will manage your data.
• We will provide you a detailed report you need on how we use your data, and how it further comply with the law. We may also, with your specific agreement, contact you with marketing materials
• We will provide you right in respect of your personal information, and how to exercise them.

2. The words we use in this Privacy Notice such as we, us and our is referring to the Breast & Body Clinic UK.

3. If you want any kind of information regarding this privacy policy report please contact us through email – info@breastandbody.co.uk

4. As a clinician I maintain my own set of patient records. If and when you come into hospital for investigation or treatment, then the hospital has its own set of patient records. With respect to the records that are held by Breast & Body Clinic UK acts as Data Controller in respect of your personal information which is held within those records. This means that Breast & Body Clinic UK must comply with the data protection legislation and relevant guidance when handling your personal information. To the extent relevant to our practice, you can expect Breast & Body Clinic UK as a clinician (including her medical secretary and practice manager) to handle your information in line with this Privacy Notice. This includes using your personal information as set out in more detail below.

5. Clinicians are expected to handle your personal data in accordance with the principles set out within this Privacy Notice. This means that whenever we use your personal data, we will only do so as set out in this Privacy Notice.

6. Patients medical details are considered as one of the ‘special categories of personal information’ (otherwise known as ‘special categories of data’). As such we need to have this personal information about your health in order to treat you.

7. If you provide personal information to us about other individuals (including medical or financial information) you should inform the individual about the contents of this Privacy Notice. We will process such information in accordance with this Privacy Notice.

8. In addition, you should note that in the event you amend data which we already hold about you (for instance by amending a pre-populated form) then we will update our systems to reflect the amendments. Our systems will continue to store historical data.

PERSONAL INFORMATION

9. As a patient of Breast & Body Clinic UK, the personal information we hold about you may include the following:

• Name
• Contact details, such as postal address, email address and telephone number (including mobile number)
• Financial information, such as credit card details used to pay us
• Occupation
• Emergency contact details, including next of kin
• Background referral details
• your GP name and address

SPECIAL CATEGORIES PERSONAL INFORMATION

10. As a patient of Breast & Body Clinic UK, we will hold information relating to your medical treatment which is known as a special category of personal data under the law, meaning that it must be handled even more sensitively. The special categories of personal information we hold about you may include the following:

• Details of your current or former physical or mental health. This may include information about any healthcare you have received (previously on our own service and with other healthcare providers such as GPs, ophthalmologists, hand therapists, dentists or hospitals (private and/or NHS)) or need, including about clinic and hospital visits and medicines administered. We provide further details below on the manner in which we handle such information
• Details of services you have received from us
• Details of your nationality, race and/or ethnicity
• Details of your religion
• Details of any genetic data or biometric data relating to you
• Data concerning your sex life and/or sexual orientation

11. The confidentiality of your medical information is important to us. We make every effort to prevent unauthorized access to and use of information relating to your current or former physical and mental health. In doing so, Breast & Body Clinic UK complies with UK data protection law, including the General Data Protection Act 2018, and all applicable medical confidentiality guidelines issued by professional bodies including, but not limited to, the General Medical Council and the Royal College of Surgeons of England.

HOW WE COLLECT YOUR INFORMATION?

12. We collect personal information from various sources such as

• You enter into a contract with Breast & Body Clinic UK for the provision of healthcare services
• You use those services
• You complete enquiry forms on Breast & Body Clinic UK’s website
• You submit a query to us including through our website, by email or by social media
• you correspond with us by letter, email, telephone (all incoming and outgoing calls from/to patients may be recorded) or social media
• You take part in our marketing activities.

From other healthcare organisations:

13. Our patients will usually receive healthcare from other providers in addition to Breast & Body Clinic UK, and so in order to provide you with the best treatment possible we may have to collect personal information about you from other organisations. These may include:

• Medical records from your GP
• Medical records from other clinicians (including their medical secretaries)
• Medical records from your dentist
• Medical records from the NHS or any private healthcare organisation

14. Medical records include information about your clinic and hospital visits, diagnosis, specialist imaging including radiographs, and medicines administered.

From third parties:

15. As detailed in the previous section, it is often necessary to seek information from other healthcare organisations. We may also collect information about you from third parties when:

• You are referred to us for the provision of services including healthcare services
• We liaise with your current or former employer, health professional or other treatment or benefit provider
• We liaise with your family
• We liaise with your insurance policy provider
• We deal with experts (including medical experts) and other service providers about services you have received or are receiving from us
• We deal with NHS health service bodies about services you have received or are receiving from us
• We liaise with credit reference agencies
• We liaise with debt collection agencies
• We liaise with Government agencies, including the Ministry of Defence, the Home Office and HMRC.

HOW WILL WE COMMUNICATE WITH YOU?

16. In order to communicate with you, we are likely to do this by telephone, SMS, email, and/or post. If we contact you using the telephone number(s) which you have provided (landline and/or mobile), and you are not available which results in the call being directed to a voicemail and/or answering service, we may leave a voice message on your voicemail and/or answering service as appropriate.

17. However:

• To ensure that we provide you with timely updates and reminders in relation to your healthcare (including basic administration information and appointment information (including reminders)), we may communicate with you by SMS and/or unencrypted email where you have provided us with your email address) in each case where you have expressed a preference in the patient registration form to be contacted by SMS and/or email
• To provide you with your medical information (including test results and other clinical updates) and/or invoicing information, we may communicate with you by email (which will be encrypted) where you have provided us with your email address and have expressed a preference in the patient registration form to be contacted by email. The first time we send you any important encrypted email e.g. one that we are not also sending by post or which requires action to be taken, we will endeavour to contact you separately to ensure that you are able to access the encrypted email you are sent
• If we have your mobile number or your email address, we may use this method of communication to contact you regarding patient surveys which are for the purpose of improving our service or monitoring outcomes and are not a form of marketing.

18. Please note that, although providing your mobile number and email address and stating a preference to be communicated by a particular method will be taken as an affirmative confirmation that you are happy for us to contact you in that manner, we are not relying on your consent to process your personal data in order to correspond with you about your treatment. As set out further below, processing your personal data for those purposes is justified on the basis that it is necessary to provide you with healthcare services.

AUDITS AND SURVEYS

19. As detailed above, we may contact you to ask you to participate in surveys which are part of ongoing surveys/ audits (Patient Reported Outcome Measures) with respect to your treatment. If you choose to complete such a survey you will also receive subsequent surveys following your treatment to help establish the benefit you have gained from that treatment.

The surveys will largely be sent post-treatment by email or SMS. This is not a form of marketing and the surveys do not try to sell you any further products or services; it is solely to gather information relating to your experiences of Breast & Body Clinic UK., for the purposes of improving the quality and safety of the services we offer to future patients. Participation in the surveys is entirely voluntary. You may decide not to complete the surveys and you will have the option to unsubscribe from receiving further survey invitations.

20. The results of hospital-initiated surveys are shared with PHIN and for NHS patients the results are shared with NHS England. An initial invitation asking you to participate may be sent to you before your treatment takes place. This may be by post, SMS, email or in person when you attend the hospital for treatment.

WHAT ARE THE PURPOSES FOR WHICH YOUR INFORMATION IS USED?

21. We may process your information for a number of different purposes, which is essentially the
language used by the law to mean using your data. Each time we use your data we must have a legal
justification to do so. The particular justification will depend on the purpose of the proposed use of your
data. When the information that we process is classed as ‘special category of personal information’, we
must have a specific additional legal justification in order to use it as proposed.

22. Generally we will rely on the following legal justifications, or ‘grounds’

• Taking steps at your request so that you can enter into a contract with Breast & Body Clinic UK to receive healthcare services.
• For the purposes of providing you with healthcare pursuant to a contract between you and Breast & Body Clinic UK. We will rely on this for activities such as supporting your medical treatment
• We have an appropriate business need to process your personal information and such business need does not cause harm to you. We will rely on this for activities such as quality assurance, maintaining our business records, developing and improving our products and services and monitoring outcomes
• We have a legal or regulatory obligation to use such personal information
• We need to use such personal information to establish, exercise or defend our legal rights
• You have provided your consent to our use of your personal information.

23. Note that failure to provide your information further to a contractual requirement with us or a clinician may mean that we are unable to set you up as a patient or facilitate the provision of your healthcare on Breast & Body Clinic UK systems.

24. We provide further detail on these grounds in the sections below.

APPROPRIATE BUSINESS NEEDS

25. One legal ground for processing personal data is where we do this in pursuit of legitimate interests and those interests are not overridden by your privacy rights. Where we refer to use for our appropriate business needs, we are relying on this legal ground.

26. Special categories of personal information includes information about your:

• Health
• Sex life
• Sexual orientation
• Ethnicity
• Political opinions
• Religious or philosophical beliefs
• Genetic or biometric information

THE RIGHT TO OBJECT TO OTHER USES OF YOUR PERSONAL DATA

27. You have a rights to your personal data. This includes the right to object to Breast & Body Clinic UK using your personal information in a particular way (such as sharing that information with third parties), and we must stop using it in that way unless specific exceptions apply. This includes, for example, if it is necessary to defend a legal claim brought against us, or it is otherwise necessary for the purposes of  your ongoing treatment.

You will find details of our legal grounds for each of our processing purposes below. We have set out individually those purposes for which we will use your personal information, and under each one we set out the legal justifications, or grounds, which allow us to do so. You will note that we have set out a legal ground, as well as an additional legal ground for special categories of personal information. This is because we have to demonstrate additional legal grounds where we are using information which relates to a person’s healthcare, as we will be the majority of the times we use your personal information.

Purpose 1: To set you up as a patient on Breast & Body Clinic UK. systems which could potentially include carrying out fraud, credit, anti-money laundering and other regulatory checks.

28. As is common with most business, we have to carry out necessary checks in order for you to become a patient. These include standard background checks, which we cannot perform without using your personal information.

29. Legal ground: Taking the necessary steps so that you can enter into a contract with us for the delivery of healthcare.

30. Additional legal ground for special categories of personal information: The use is necessary for reasons of substantial public interest

Purpose 2: To provide you with healthcare and related services.

31. Clearly, the reason you come to us is to provide you with healthcare, and so we have to use your personal information for that.

32. Legal grounds:

• Providing you with healthcare and related services
• Fulfilling our contract with you for the delivery of healthcare

33. Additional legal grounds for special categories of personal information:

• We need to use the data in order to provide healthcare services to you
• The use is necessary to protect your vital interests where you are physically or legally incapable of giving consent

Purpose 3: For account settlement purposes

34. We will use your personal information in order to ensure that your account and billing is fully accurate and up-to-date.

35. Legal grounds:

• Providing you healthcare and other related services
• Fulfilling our contract with you for the delivery of healthcare
• Having an appropriate business, we need to use your information which does not overly prejudice you.

36. Additional legal grounds for special categories of personal information:

• We need to use the data in order to provide healthcare services to you
• The use is necessary in order for us to establish, exercise or defend our legal rights

Purpose 4: For medical audit/research purposes:

CLINICAL AUDIT

37. Breast & Body Clinic UK may process your personal data for the purposes of local clinical audit ‐ i.e. an audit carried out to assess outcomes for patients and identify improvements which could be made for the future. We are able to do so on the basis of a legitimate interest and the public interest in statistical and scientific research, and with appropriate safeguards in place. You are, however, entitled to object to us using your personal data for this purpose, and as a result of which we would need to stop doing so. If you would like to raise such an objection then please contact our Data Protection Officer using the details provided in paragraph 5 above.

38. We may also be asked to share information with UK registries (i.e. Breast Implant Registry) for which ethical approval is not necessarily required but which form part of the National Clinical Audit programme, hosted by NHS England and who provide a list of National Clinical Audit and Clinical Outcome Review programmes and other quality improvement programmes which we should prioritise for participation.

39. We may do so without your consent provided that the particular audit registry has received statutory approval, or where the information will be provided in a purely anonymous form, otherwise your consent will be needed. In those circumstances, the relevant registry organization may have consent processes of their own so any questions in that regard should be directed to the organisations themselves, otherwise we will obtain that consent from you.

MEDICAL RESEARCH

40. Breast & Body Clinic UK may also participate in medical research and shares data with ethically approved third party research organisations.

41. We will share your personal data only to the extent that it is necessary to do so in assisting research and as permitted by law. Some research projects and/or registries have received statutory approval such that consent may not be required in order to use your personal data. In those circumstances, your personal will be shared on the basis that:

Legal Grounds:

• We have a legitimate interest in helping with medical research and have put appropriate safeguards in place to protect your privacy. Additional legal grounds for special categories of personal information.
• The processing is necessary in the public interest for statistical and scientific research purposes

42. In the event that consent is required then either the research organisations will obtain this from you themselves, and so any questions in that regard should be directed to them, or we will take consent from you

Purpose 5: Communicating with you and resolving any queries or complaints that you might have.

43. From time to time, patients may raise queries, or even complaints, with Breast & Body Clinic UK and we take those communications very seriously. It is important that we resolve such matters fully and properly, and so we will need to use your personal information in order to do so.

44. Legal Grounds

• Our providing you with healthcare and other related services
• Our having an appropriate business need to use your information which does not overly prejudice you.

45. Additional legal grounds for special categories of personal information:

• The use is necessary for the provision of healthcare or treatment pursuant to a contract with a health professional
• The use is necessary in order for us to establish, exercise or defend our legal rights

Purpose 6: Communicating with any other individual that you ask us to update about your care and updating other healthcare professionals about your care.

46. Your General Practitioner and other healthcare professionals or organisations may need to know about your treatment in order for them to provide you with safe and effective care, and so we may need to share your personal information with them. Further details on the third parties who may need access to your information is set out at section 65 below.

47. Legal grounds:

• Our providing you with healthcare and other related services
• We have a legitimate interest in ensuring that other healthcare professionals who are routinely involved in your care have a full picture of your treatment.

48. Additional legal ground for special categories of personal information:

• We need to use the data in order to provide healthcare services to you
• The use is necessary for reasons of substantial public interest under UK law
• The use is necessary in order for us to establish, exercise or defend our legal rights.

49. We also participate in initiatives to monitor safety and quality, helping to ensure that patients are getting the best possible outcomes from their treatment and care. The Competition and Markets Authority Private Healthcare Market Investigation Order 2014 established the Private Healthcare Information Network (PHIN), as an organization who will monitor outcomes of patients who receive private treatment. Under Article 21 of that Order, we are required to provide PHIN with information related to your treatment, including your NHS Number in England and Wales, CHI Number in Scotland or Health and Care Number in Northern Ireland), the nature of your procedure, whether there were any complications such as infection or the need for readmission/admission to an NHS facility and also the feedback you provided as part of any PROMs surveys. PHIN will use your information in order to share it with the NHS, and track whether you have received any follow-up treatment. We will only share this information with PHIN if you have provided your consent for us to do so.

50. The records that we share may contain personal and medical information about patients, including you. PHIN, like us, will apply the highest standards of confidentiality to personal information in accordance with data protection laws and the duty of confidentiality. Any information that is published by PHIN will always be in anonymised statistical form and will not be shared or analysed for any purpose other than those stated. Further information about how PHIN uses information, including its Privacy

Notice, is available at www.phin.org.uk

Purpose 7: Complying with our legal or regulatory obligations, and defending or exercising our legal rights.

51. As a provider of healthcare, we are subject to a wide range of legal and regulatory responsibilities which is not possible to list fully here. We may be required by law or by regulators to provide personal information, and in which case we will have a legal responsibility to do so. From time to time, clinicians are also the subject of legal actions or complaints. In order to fully investigate and respond to those actions, it is necessary to access your personal information (although only to the extent that it is necessary and relevant to the subject-matter).

52. Legal Grounds

• The use is necessary in order for us to comply with our legal obligations.

53. Additional legal ground for special categories of personal information:

• We need to use the data in order for others to provide informed healthcare services to you
• The use is necessary for reasons of the provision of health or social care or treatment or the management of health or social care systems
• The use is necessary for establishing, exercising or defending legal claims.

54. As detailed at section 60, we participate in initiatives to ensure that patients are getting the best possible outcomes from their treatment and care. The records that we share may contain personal and medical information about patients, including you. With respect to PHIN we will only share information with them with your consent. PHIN, like us, will apply the highest standards of confidentiality to personal information in accordance with data protection laws and the duty of confidentiality. Any information that is published by PHIN will always be in anonymised statistical form and will not be shared or analysed for any purpose other than those stated.

55.Breast & Body Clinic UK is an organization, who always looking to learn from patients experiences in order to improve the experience for future patients. With that in mind, we will use your personal information to identify where such improvements can be made.

56. Legal Grounds:

• Our having an appropriate business need to use your information which does not overly prejudice you.

57. Additional legal ground for special categories of personal information:

• We need to use the data in order to manage the healthcare services we deliver, including carrying out surveys (which are not a form of marketing) in order to identify and carry out any necessary improvements

Purpose 9: Managing our business operations such as maintaining accounting records, analysis of financial results, internal audit requirements, receiving professional advice (eg tax or legal advice).

58. In order to do this, we will not need to use your special categories of personal information and so we have not identified the additional ground to use your information for this purpose.

59. Legal Grounds:

• Our having an appropriate business need to use your information which does not overly prejudice you.

Purpose 10: Disclosures to third parties

60. We may disclose your information to the third parties listed below for the purposes described in this Privacy Notice.

This might include:

• A doctor, nurse, carer or any other healthcare professional involved in your treatment.
• Other members of support staff involved in the delivery of your care, like receptionists and porters.
• Anyone that you ask us to communicate with or provide as an emergency contact, for example your next of kin or care.
• NHS organisations, including NHS Resolution, NHS England, Department of Health.
• Other private sector healthcare providers.
• Your GP.
• Your dentist.
• Your clinician (including their medical secretaries).
• Third parties who assist in the administration of your healthcare, such as insurance companies.
• Private Healthcare Information Network (PHIN).
• National and other professional research/audit programmes and registries, as detailed under purpose 4 above.
• Government bodies, including the Ministry of Defense, the Home Office and HMRC.
• Our regulators, like the Care Quality Commission, Health Inspectorate Wales and Healthcare.
• The police and other third parties where reasonably necessary for the prevention or detection of crime.
• Our insurers.
• Debt collection agencies.
• Credit referencing agencies.
• Our third party services providers such as IT suppliers, actuaries, auditors, lawyers, marketing agencies, document management providers and tax advisers.
• Selected third parties in connection with any sale, transfer or disposal of our business.
• Third parties from whom we order products related to your treatment with us, such as prostheses, named patient prescriptions, products to be used by you at home or administered by ourselves in the clinic as part of your recommended treatment programme.

61. We will communicate with these third parties in a variety of ways including, but not limited to, email, post, fax and telephone.

62. If you want to know regarding the periods for which your personal information will be stored, please email us at info@breastandbody.co.uk for further details.

63. Know about your rights.

64. Under data protection law you have certain rights in relation to the personal information that we hold about you. These include rights to know what information we hold about you and how it is used. You may exercise these rights at any time by contacting us.

65. There will not usually be a charge for handling a request to exercise your rights.

66. If we cannot comply with your request to exercise your rights we will usually tell you why.

67. There are some special rules about how these rights apply to health information as set out in legislation including the Data Protection Act (current and future), the General Data Protection Regulation as well as any secondary legislation which regulates the use of personal information.

68. If you make a large number of requests or it is clear that it is not reasonable for us to comply with a request then we do not have to respond. Alternatively, we can charge for responding.

YOUR RIGHTS INCLUDE

The right to access your personal information.

69. You are usually entitled to a copy of the personal information we hold about you and details about how we use it.

70. Your information will usually be provided to you in writing, unless otherwise requested. If you have made the request electronically (eg by email) the information will be provided to you by electronic means where possible.

71. Please note that in some cases we may not be able to fully comply with your request, for example if your request involves the personal data of another person and it would not be fair to that person to provide it to you.

72. You are entitled to the following under data protection law.

Under Article 15(1) of the GDPR we must usually confirm whether we have personal information about you. If we do hold personal information about you, we usually need to explain to you:

• The purposes for which we use your personal information.
• The types of personal information we hold about you.
• Who your personal information has been or will be shared with, including in particular organizations based outside the EEA.
• If your personal information leaves the EU, how we make sure that it is protected.
• Where possible, the length of time we expect to hold your personal information. If that is not possible, the criteria we use to determine how long we hold your information for.
• If the personal data we hold about you was not provided by you, details of the source of the information.
• Whether we make any decisions about you solely by computer and if so details of how those decision are made and the impact they may have on you.
• Your right to ask us to amend or delete your personal information.
• Your right to ask us to restrict how your personal information is used or to object to our use of your personal information.
• Your right to complain to the Information Commissioner’s Office.
• We also need to provide you with a copy of your personal data.
• The right to rectification

73. We take reasonable steps to ensure that the information we hold about you is accurate and complete. However, if you do not believe this is the case, you can ask us to update or amend it. Please note that medical information can be modified by adding a corrected version but the original record cannot be changed retrospectively for legal reasons.

The right to erasure (also known as the right to be forgotten).

74. We may update this Privacy Notice from time to time to ensure that it remains accurate. In the event that there are any material changes to the manner in which your personal information is to be used then we will provide you with an updated copy of this Privacy Notice via our office website or on application to our office.

75. In some circumstances, you have the right to request that we delete the personal information we hold about you. However, there are exceptions to this right and in certain circumstances we can refuse to delete the information in question. In particular, for example, we do not have to comply with your request if it is necessary to keep your information in order to perform tasks which are in the public interest, including public health, or for the purposes of establishing, exercise or defending legal claims. The right to restriction of processing.

76. In some circumstances, we must ‘pause’ our use of your personal data if you ask us to. We do not have to comply with all requests to restrict our use of your personal information. In particular, for example, we do not have to comply with your request if it is necessary to keep your information in order to perform tasks which are in the public interest, including public health, or for the purposes of establishing, exercise or defending legal claims. The right to data portability

77. In some circumstances, I must transfer personal information that you have provided to you or (if this
is technically feasible) another individual/ organisation of your choice. The right to withdraw consent.

78. In some cases I may need your consent in order for my use of your personal information to comply with data protection legislation. Where I do this, you have the right to withdraw your consent to further use of your personal information. You can do this by contacting me using the details provided.

79. I may update this Privacy Notice from time to time to ensure that it remains accurate. In the event that these changes result in any material difference to the manner in which I process your personal data then I will provide you with an updated copy of the Policy via my website. Copies will also be available via our office.

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