PATIENT PRIVACY NOTICE
Our mission is to help healthcare service providers to grow smart practices and help their patients take ownership of their health. Function 365 Ltd. (”we, the Company”) is passionate about protecting and respecting your privacy. This privacy notice will inform you as to how we look after your personal data when you use our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
Your healthcare service provider is the healthcare professional or clinic subscribed to the Function 365 service to coordinate and communicate about your health journey with you.
Your Patient Portal is the website and app through which your healthcare service provider communicates with you.
This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide directly through this website.
Please read the following carefully to understand our views and practices regarding your personal data and how we will use it.
For the purpose of the Data Protection Act 2018 (the Act), we are the data processor of your data controller ie your chosen healthcare service provider. Our registered address is Third Floor, 95 The Promenade, Cheltenham, Gloucestershire, United Kingdom, GL50 1HH. Our ICO registration number is ZA539196.
You may contact us to find out more about the way we use personal data via email at info[at@]function365.co.uk.
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 our data protection officer at dpo[at@]function365.co.uk in the first instance.
IF YOU DO NOT PROVIDE PERSONAL DATA
If we need to process the data you provide us with to fulfil our service, and you fail to provide that data when requested, we may not be able to perform the service, in which case, we may have to cancel a service you have with us. We will of course notify you if we need to cancel a service.
WHAT INFORMATION DO WE USE?
We will collect and process the following information about you:
Information you give us about you.
- Personal details
When you register and create a Patient Portal account with us you complete forms and provide us with basic information about you, such as name, date of birth, email address, and physical address.
- Health and medical information
The primary type of information we hold about you is health and medical information: information about your health concerns, symptoms, medications, allergies, health goals, correspondence with healthcare professionals, test and scan results.
Some of this information we get directly from you when you update your health record through your Patient Portal. Any correspondence we receive from you through your Patient Portal is saved to your Function 365 health record.
Some of this information is provided by the healthcare service provider you are working with such as consultation records, examination summaries, results of tests, scans and investigations you have ordered through them. For minors your healthcare service provider may share notes with your NHS GP, in line with medical guidelines, without consent.
We retain records of your consultations with your healthcare service provider such that you can access them at any time through your Patient Portal, and, with your consent, to allow us to learn from them and improve our services. Your health record is held securely in accordance with our retention policy. You can access your health record at any time through your Patient Portal.
We may also hold information about you and your health from other apps, devices and services where you have given your consent to that data being shared with us. For example where you decide to share information collected by smart watches or similar devices.
- Financial information:
If you make payments using our website your credit/debit card details are processed directly by a third party processor that stores all payment information and transaction details. We only retain details of transactions on secure servers and do not retain your payment card information.
Information we collect about you.
- Technical information and analytics
When you use our website we may automatically collect the following information where permitted by your browser settings:
a) technical information about your device used to connect to Function 365,including device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the website, the Internet Protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system, ad data and platform, your login information; and
b) information based on your activities on the website, including the mobile network information, full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
- We work with partners to provide us with analytics and advertising services (to promote our services to other healthcare service providers, not for third party advertising). We use this information to understand how users interact with our services, providing our advertisements on the internet and measuring performance of our services and adverts. Cookies and similar technologies may be used to collect this information.
We support subscribed healthcare service providers to connect to analytics and advertising services to promote their services to you, for example a healthcare service provider can analyse the success of their search engine advertising on generating new patient appointment bookings. Cookies and similar technologies may be used to collect this information.
Information we receive from other sources.
This is information we receive about you if you use any of the other websites we operate or the other services we provide. We are working closely with third parties (e.g. business partners, sub-contractors in technical, payment and delivery services, search information providers, credit reference agencies). We will notify you when we receive personal data about you from other sources and the purposes for which we intend to use that information.
HOW DO WE USE THIS INFORMATION?
We will only use personal data when the law allows us to. You will not be subject to decisions based on automated data processing without your prior consent. Most commonly, we will use your personal data in the following circumstances:
- to provide you with our email notifications, newsletters and marketing communications at either your request or with your consent when completing a registration form for the service;
- to enable you to communicate their medical history and health objectives with their health practitioner including their GP, consultant or physiotherapist;
- where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests;
- to ensure that our service is delivered efficiently, including where we wish to notify you of any changes to the service, generate relevant content, tailor the website to your interests, and improve your visibility to potential collaborators;
- to provide customer service to you in relation to your use of the service, to deal with inquiries and complaints relating to the use of the service and to notify you about any changes to our service;
- to administer, support, improve, optimise and develop our service;
- to produce reports which may be used, sold, or published by us at our sole discretion provided that any data or reports will be anonymised and not refer to any individual user of the services;
- for internal record keeping and marketing and demographic studies to improve the services that we provide;
- for security purposes;
- where we need to comply with a legal or regulatory obligation; and
- to investigate potential breach of our terms and conditions.
We will ask for your consent before using information for a purpose other than those that are set out in this privacy notice.
AUTOMATED DECISION MAKING
We may use automated decision making in processing your personal information for some services and products. You can request a manual review of the accuracy of an automated decision if you are unhappy with it.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your contact details and technical data that we collect about you, such as your IP address and the way you browse our website to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services through us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time through our website function365.co.uk.
We will get your express opt-in consent before we share your personal data with any external company for marketing purposes.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to know how the processing for the new purpose is compatible with the original purpose, please email us at info[at@]function365.co.uk.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
HOW DO WE SHARE YOUR INFORMATION?
You acknowledge and agree that from time to time we have the right to share your personal information with:
- Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
- Selected third parties viewable here: function365.co.uk/gdpr-subprocessors
- Select business partners, suppliers and sub-contractors only for the purpose of performing any contract we enter into with you.
Data is shared in accordance with data protection law and subject to strict safeguards.
Other than as expressly set out in this Privacy Notice or as otherwise required or permitted by law, we will not share, sell, or distribute any of the information you provide us without your consent.
We will disclose your personal information (i) to any third party to whom disclosure is necessary to enable us to fulfil your orders and provide you with any service which you have subscribed to; (ii) where required to do so by law or court order; and (iii) to any person to whom disclosure is necessary to enable us to enforce our rights under this privacy notice or under our Terms and Conditions.
This includes when:
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Website Terms and Conditions and other agreements; or to protect the rights, property, or safety of the company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
With your explicit opt-in consent we may share fully anonymised information with professional researchers, for example academic research looking at a dataset of patients who have been diagnosed with a condition receiving care and tracking their improvement scores.
WHERE DO WE STORE YOUR INFORMATION?
All personal data we process is processed by our staff in the UK.
For the purposes of IT hosting and maintenance this information is located on servers inside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
- Appropriate security measures will be adopted to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage.
Please contact us at dpo[at@]function365.co.uk if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
Once we have received your information, we have a Data Protection regime in place to oversee the effective and secure processing of your personal data and we will use strict procedures and security features to try to prevent unauthorised access.
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 website at transmission stage; any transmission is at your own risk.
HOW LONG DO WE KEEP YOUR DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We generally retain your data for a ten year period.
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.
We are required under UK tax law to keep basic personal data about our customers (name, address, contact details) for a minimum of six (6) years after which time it will be destroyed.
In some circumstances we may anonymize 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.
You can ask us to delete your data in some circumstances. See below for further information.
WHAT ARE YOUR RIGHTS?
Under certain circumstances, you have rights under data protection laws in relation to your personal data:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
EXERCISING YOUR RIGHTS
If you wish to exercise any of your rights set out above, please email us at firstname.lastname@example.org.
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.
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 may refuse to comply with your request in these circumstances.
Our website may contain links to websites or access to plug-ins and applications. We do not control and accept any liability or responsibility for third-party websites. This privacy notice is not applicable to other websites. Please consult the terms and conditions and privacy policies of third-party websites to find out how they collect and use your personal data.
SOCIAL MEDIA PLATFORM
All communications and actions carried out on third-party social media platforms will be subject to the terms and conditions and privacy policies of those websites. Please note that we will never ask for your personal or sensitive information through social media platforms. Please only discuss sensitive information through email.
This website may use social sharing buttons which allow you to share web content quickly on a social media platform. Please use such buttons at your discretion as the third-party platform may track and save your request.
CHANGES TO OUR PRIVACY NOTICE
Any changes we make to our privacy notice in the future will be posted on this page and notified to you by e-mail. By continuing to use this website, you are agreeing to the changes that have been made, and any future changes to the policy.