www.orthowise.com (“Website”) is a site operated by Battersea Orthodontics Ltd, a company registered in England and Wales 06686182 registered address 104 Battersea Rise, London, SW11 1EJ (“Practice, we, us, ours”).
The Practice obtains, keeps and uses information about you for a number of specific lawful purposes. The Practice is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. The Practice is registered with ICO. Our registration number is Z197750X.
We take the security and privacy of data seriously and are committed to complying with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the UK GDPR in respect of data privacy and security. We respect your personal data, and our use of your personal data is subject to the relevant UK and EU legislation.
Scope and Purpose
This privacy notice aims to give you information on how the Practice collects and processes your personal information including any data you may provide through this Website when you:
- sign up to our newsletter;
- enquire about our products and services (through website, in person, by email, post and telephone);
- when you purchase one or more of our products or services whether through website, over the telephone or by visiting our Practice.
It is important that you read this privacy notice together with any other privacy notices we may provide on specific occasions. This privacy notice supplements the other notices and is not intended to override them. We are required to notify you of this information under the data protection legislation.
This policy applies to all data, whether it is stored electronically, on paper in a filing system or on other materials.
Changes to this policy
We will review and update this notice regularly in accordance with our data protection or regulatory obligations. We will circulate any new or modified policies or notices in relation to your data when it is adopted. It is important that you read and understand this notice before you share with us any personal data.
Data protection principles
When processing your data, the Practice will comply with the following data protection principles:
- we will process personal information lawfully, fairly and in a transparent manner.
- we will collect personal information for specified, explicit and legitimate purposes only, and will not process it in a way that is incompatible with those legitimate purposes.
- we will only process the personal information that is adequate, relevant and necessary for the relevant purposes.
- we will keep accurate and up to date personal information and take reasonable steps to ensure that inaccurate personal information is deleted or corrected without delay.
- we will keep personal information in a form which permits identification of data subjects (you) for no longer than is necessary for the purposes for which the information is processed.
- we will take appropriate technical and organisational measures to ensure that personal information is kept secure and protected against unauthorised or unlawful processing, and against accidental loss, destruction or damage.
How we define processing
The Practice will process your personal data (including special categories of personal data and criminal offense data) in accordance with legal obligations.
‘Processing’ means any operation which is performed on personal data such as collection, recording, organisation, structuring, storage, adaption, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, destruction or erasure.
This includes processing personal data which forms part of a filing system and any automated processing.
What data (information) we collect
The Practice processes information about you ‘data subject’ for a number of specific lawful purposes and we seek to ensure that our data collection and processing is always proportionate.
The Practice processes information about you ‘data subject’ for a number of specific lawful purposes and we seek to ensure that our data collection and processing is always proportionate. Given the nature of our business we may collect Personal Data, Special Categories of Data and Criminal Conviction Data.
‘Personal data’ is information which relates to a living person who can be identified from that data (data subject) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.
‘Special Categories of Personal Data’ is sometimes referred to as ‘sensitive personal data’ or ‘sensitive information’ and it includes information about your race, ethnic origin, politics, religious and philosophical beliefs, trade union membership, genetics, biometrics (where used for ID purposes), health, sex life or sexual orientation.
‘Criminal Conviction Data’ is data relating to criminal convictions and offences, including data relating to criminal allegations, investigations and proceedings, information about penalties conditions or restrictions placed on an individual as part of the criminal justice process, civil measures which may lead to a criminal penalty if not adhered to. Criminal Conviction Data includes information relating to the absence of convictions.
Third Party Links
Our website 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 website, we encourage you to read the privacy notice of every website you visit.
Categories of Data
We have grouped data into the following categories:
- Identity Data which includes first name, maiden name, last name, marital status, title, date of birth, gender, national insurance number, NHS number.
- Contact Data which includes your addresses, email addresses and telephone numbers.
- Family Data which includes next of kin details including name, relationship and contact information, details of your dependants, or if you are a minor, details of your parents and legal guardians.
- Dental records which includes information about your dental and general health, clinical records made by dentists and other dental professionals involved with your care and treatment, X-rays, clinical photographs, digital scans of your mouth and teeth, and study models, medical and dental histories, treatment plans and consents, notes of conversations with you about your care, dates of your appointments, details of any complaints you have made and how these complaints were dealt with, correspondence with you and other health professionals or institutions. Most of your dental record data will be Special Category Data as defined below.
- Transactional Data includes information in respect of records of fees agreed, fees charged and paid and/or outstanding.
- Technical Data includes internet protocol (IP) address, 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 website.
- Usage Data includes information about how you use our website, for example how long you stay on each page and how long you generally visit our website for.
- Marketing Data includes your marketing and communication preferences.
- Monitoring Data includes telephone recordings, email records and records of treatment received, feedback and complaints, CCTV recordings.
- Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does 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.
Basis for processing data
We have to have a valid lawful basis in order to process your personal data. We will generally process your personal data in the following circumstances:
- We need this information in order to take steps at your request prior to entering into a contact with you or for the performance of a contract to which you are a party.
- 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. 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). Where we process your information under this lawful basis, we will specify legitimate interests accordingly.
- Where we need to comply with a legal or regulatory obligation that we are subject to.
- Where processing is necessary in order to protect the vital interests of the data subject or another natural person.
- Where you have provided us consent. Generally, we do not rely on consent as a legal basis for processing your personal data but may in certain circumstances request for your explicit consent to process your data. If we do so, we will advise you on the purpose of that data collection, how we will process it and will request your explicit and clear consent for us to process that data for that purpose. Where we rely on your consent to process your data, you will be able to withdraw your consent at any time.
It is important that you are aware that where we process your data for the purposes of entering into a contract with you, our legitimate interest or to comply with our legal obligations once you have submitted your data to us we can process your data for these purposes without your consent (without prejudice to your other rights).
Please 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 below.
If we have lawful basis to collect your Personal Data and you refuse to provide it, we may be unable to enter into a contract with you.
Special Categories of Personal Data
The Practice will process sensitive personal information about you. We may only use information relating to sensitive information where the law allows us or requires us to do so. This will usually be where such processing is necessary to carry out our obligations and provided, we do so in line with our Data Protection Policy.
We will only process sensitive personal information if:
- we have a lawful basis for doing so; and
- one of the special conditions for processing sensitive information applies.
The lawful bases of processing sensitive personal data if it is necessary for the performance of a contract, to comply with our legal or regulatory obligations and/or for our legitimate business interests (to maintain records, to provide you with treatment, to grow our business, to show we have treated you fairly) or to protect your vital interests or interests of another data subject (for example where your life is at risk or to protect other patients and colleagues safety). For example, we may process your sensitive personal information:
- your race, ethnic origin, religion, sexual orientation or gender to monitor equal opportunities (data will usually be anonymised) and to ensure that we comply with our legal obligations under Equality Act 2010;
- your health and medical conditions to comply with our legal obligations under Equality Act 2010 including to make reasonable adjustments or to look after your health and safety;
- your dental records to to enter into a contract with you (for example to assess whether we can provide you with services, to comply with our legal obligations and for our legitimate interest (for example to ensure that we provide you with quality treatment).
The special condition is:
- processing is necessary for the establishment, exercise or defence of legal claims
- the processing is necessary is necessary for reasons of public interest in the area of public health
- the processing is necessary processing is necessary for health or social care purposes.
The Practice will not carry out automated decision-making (including profiling) based on any individual’s sensitive personal information.
If we have lawful basis to collect such information and you refuse to provide it, we may be unable to enter into a contract with you.
We have in place an Appropriate Policy Document, a copy of which can be obtained from the Practice Manager and have put safeguards in place which we are required by law to maintain when processing such data.
When you use our website, we may automatically collect Technical Data, User Data and Aggregate data about your equipment, browsing actions and patterns. We collect this data by using cookies, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. We will:
a) obtain this information from you or third parties such as analytics providers (eg google), which may be based outside the EEA;
b) collect this information for the purpose of administering and protecting our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data;
c) collect this data as it is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise);
d) will share the information we receive with relevant personnel within company, i.e. those responsible for the IT aspect of the business and third-party service providers responsible for our website maintenance;
e) collect this information automatically when you use our website. If you do not wish for this information to be collected, please do not use our website.
You may give us your Identity, Contact, Dental, Transactional and Marketing Data when you enquire about our services and products by filling in forms on our website, by corresponding with us by post, phone or email and when you visit the gallery. We will:
a) obtain this information from you and third parties, such as NHS or your previous service provider;
b) collect this information for the purpose of determining if we are able to provide you with services and/or sell you the products and whether you are eligible for NHS funding;
c) collect this data as it is necessary in order for us to enter into a contract with you and for our legitimate interests (to grow our business, maintain appropriate records, determine if we can provide you with services or sell you the products) and to comply with our legal obligations;
d) share the information we receive with relevant personnel within company, i.e. to pass messages or information so that that personnel may respond to your enquiry, make appointments, assess your health status and whether we can supply you with our products and services. We may also share your information with NHS to assess your eligibility for funding;
e) not be able to contact you or take necessary steps to enter into a contract with you, if you fail to provide necessary information.
You may also wish to provide us with sensitive data in relation to your health (i.e. disability) by requesting us to make reasonable adjustments on how we communicate with you or if we need to make special adjustments so that we can provide you with our services. The legal condition for processing such data is establishment, exercise or defence of legal claims (i.e. so that we can show that we have treated you fairly and complied with our legal obligations under the Equality Act 2010).
Purpose and Legitimate Business Interests
The Practice collects and processes data about Patients for various purposes. The Practice process information for:
- to provide you with the dental care and treatment that you need*
- to assess your medical and treatment needs*
- maintain appropriate records*
- detect and prevent fraud and other unlawful acts*
- to comply with contractual obligations with NHS
- to comply with health and safety law, tax law and other laws which affect us comply with regulatory obligations
- to comply with corporate governance obligations*
- to comply with regulatory obligations as set out in the NHS Standard Contract, CQC and General Dental Council governance requirements*
- to ensure good practice*
- to grow our business*
- to defend legal claims and enforce our legal rights*
- to ensure safe working practices*
- to ensure compliance with our insurance requirements*
- for business development purposes*
- to monitor safety issues and conduct*
- for reasons of substantial public interest (to protect patients)*
- to protect our networks, and personal data of our personnel and patients, against unauthorised access or data leakage*
- details to inform you of products and services available at our Practice*
- to ensure our business policies, such as those concerning data security, data protection, patient confidentiality and internet use, are adhered to*
- for the purpose of administering and protecting the business and the Practice website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data*
- for the purposes of business reorganisation or restructuring exercise*
- for operational reasons, such as maintaining records, recording transactions, training and quality control*
- to ensure that commercially sensitive information is kept confidential*
- for security vetting and investigating complaints and allegations of criminal offences*
- to prevent unauthorised access and modifications to our systems*
- as part of investigations by regulatory bodies, or in connection with legal proceedings or requests*
- monitoring compliance with our policies and contractual obligations*
- the processing is necessary for the establishment, exercise or defence of legal claims
- to decide whether we can provide you with treatment*
- to decide the other terms of contract for services*
- to verify if you are eligible for NHS funding;
- to carry out the contract between us*
- training and reviewing performance*
- for training and monitoring purposes and to ensure that we continue to provide quality service*
- to determine whether we need to make reasonable adjustments because of disability*
- to monitor diversity and equal opportunities*
- to monitor and protect the security and health and safety of the associates, our staff, other patients and third parties
- to comply with our accounting obligations*
- to carry out clinical audits relating to treatment provision by the practice*
- to review and address issues that are raised or feedback received relating to the service*
- to carry out clinical audits*
- to answer questions from insurers in respect of any claim against us*
- running our business and planning for the future*
- to defend the Practice in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure*
- Purposes listed above which have an asterisk beside them are processed for our legitimate business interests.
Where and how we obtain this information
We may collect this information from you, NHS, your doctors, from medical and occupational health professionals and from your insurance benefit administrators, our patient management systems, automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems and voicemails.
Who we share the information with
We routinely share your personal data with relevant personnel within our Practice but on a strictly need to know basis. We may also need to share some of the above categories of personal information with other parties. We may also be required to share some personal information with our regulators or as required to comply with the law. When we share your information we will have regard to our duty of confidentiality.
We may share some information with your doctor, NHS, the hospital or community dental services or other health professionals caring for you, specialist dental or medical services to which we may refer you, NHS payment authorities, the Department for Work and Pensions and its agencies, where you are claiming exemption or remission from NHS charges, dental laboratories, debt collection agencies, private dental schemes of which you are a member, our professional advisers, our insurers, accountants and auditors, banks, HMRC, CQC, General Dental Council, external service suppliers, representatives and agents (e.g. software providers), third parties if such disclosure is needed to protect your vital interests or the vital interests of others (i.e. with your next of kin or emergency services), any third party with your consent (e.g. when you request for a referral), any third party without your consent (where we are obligated by law to do so), courts and tribunals.
It is important that you note that if we share your information with a third party who is another data controller, then that data controller will be responsible for determining how your data will be processed and we have no control over their processing activity (e.g., NHS, General Dental Council, HMRC, bank, insurer). If a third party is a data controller, they must provide you with details on how they will process your data.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may disclose your data in order to enforce our contractual rights against you or to defend legal claims. We may also disclose your data to protect our rights, property and safety, or the rights, property and safety of others or to prevent fraud.
We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations before we share any data.
We do not knowingly share your information with third parties who are based outside the UK. If it becomes necessary for us to share your personal data outside the UK we will notify you. These transfers are subject to special rules under UK GDPR.
The following countries to which we may transfer Personal Data have been assessed by the UK as providing an adequate level of protection for Personal Data: All countries of EEA, Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay and the US (limited to the Privacy Shield framework) as providing adequate protection.
Except for the countries listed above, countries outside the UK do not have the same data protection laws as the United Kingdom. If we must share your data outside the UK, we will ensure the transfer complies with data protection law. Our standard practice is to use standard data protection contract clauses which have been approved. To obtain a copy of those clauses please contact Practice Manager.
Information may be held at our offices and third-party agencies, service providers, representatives and agents. We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data. Generally we keep your records for:
- Website Users: technical and user data will be retained for up to 7 years;
- Website Enquiries: data will be retained for 6 years if you have not subscribed to receive our promotional material. If you subscribed to receive our promotional notifications, we will retain your name, organisation and your contacting preferences until you withdraw your consent. If you become our patient, your data will be retained as below.
- Patients: data will be retained for 10 years after the date of your last visit to the Practice or until you reach the age of 25 years if you received your treatment as a minor.
We generally keep your personal data so that we can respond to any questions, respond to complaints or claims made by you or on your behalf, show that we treated you fairly, keep records required by law, prevent fraud, comply with our regulatory requirements or protect our confidential information. When it is no longer necessary to retain your personal data, we will delete it securely.
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 requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
We may use your personal data to send you updates (by email, telephone or post) about developments that might be of interest to you and/or information about our services, including exclusive offers, promotions, invitations to seminars or information on our new services. We have a legitimate interest in processing your personal data for promotional purposes. This means we do not usually need your consent to send you promotional communications if you are our former or current client (consumer) or if you are a business or organisation. However, where consent is needed, we will ask for this consent separately and clearly. We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
- contacting our Data Protection Officer;
- using the ‘unsubscribe’ link or ‘opt out’ link in any promotional emails;
- updating your marketing preferences by contacting our Data Protection Officer.
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
National data opt-out policy
The Practice is one of many organisations working in the health and care system to improve care for patients and the public. Whenever you use a health or care service (A&E or community care services, for example), personal information is collected and stored on your patient record to ensure that you receive the best and most appropriate care and treatment. The information collected can also be used by and provided to other organisations for purposes beyond your individual care, for example, to provide better health and care for you, your family and future generations by:
- Improving the quality and standards of care provided
- Research into the development of new treatments
- Preventing illness and diseases
- Monitoring safety
- Planning services.
Information about your health and care is confidential and can only be used where allowed by law. Mostly, information used for research and planning is anonymised so that you cannot be identified; your confidentiality is maintained.
You can choose whether you want your confidential information to be used in this way. If you are happy with this use of your information, you do not need to do anything. If you wish to opt out, your confidential information will be used only to support your individual care. You can register your choice and find out more at nhs.uk/your-nhs-data-matters – including:
- What is meant by ‘confidential patient information’
- Examples of when confidential patient information is used for individual care and examples of when it is used for purposes beyond individual care
- The benefits of sharing data and who uses it
- How your data is protected
- Situations where opt-out will not apply
You can change your choice at any time.
Your information will not be shared with insurance companies or used for marketing purposes without your specific agreement.
Right to be Informed about the collection and use of your personal data. This Privacy Notice together with documents referred to herein provides you with this information.
Right to Access (Subject Access Request) to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. If you wish to exercise this right:
- 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 unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
- 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.
- we try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
For more information about your right to access your personal data, please see Data Subject Rights Policy.
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. In certain circumstances we may refuse a request for correction.
Request Erasure of your personal information. In certain circumstances you have the right to have ask for some but not all of the information we hold and process to be erased (the right to be forgotten). 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 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.
Rights in Relation to Automated Decision Making and Profiling your personal data. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
If you want to exercise any of the above-mentioned rights, please contact the DPO by telephone or in writing. We will respond to your request within one calendar month.
Your queries and complaints
Our Data Protection Officer, Justina Ricci is responsible for overseeing the questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact her by emailing to firstname.lastname@example.org, by calling her on 0207 097 4345 or by writing to 104 Battersea Rise, London, SW11 1EJ.
We hope that our DPO can resolve any query or concern you raise about our use of your information. However, if you feel that we have failed to address your concerns appropriately, you can contact the Information Commissioner at ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.