The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.
Under the GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the GDPR to protect that data).
In addition, the GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:
- Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
- When the data subject withdraws their consent;
- When the data subject objects to the processing of their personal data and the Company has no overriding legitimate or contractual interest;
- When the personal data is processed unlawfully (i.e. in breach of the GDPR);
- When the personal data has to be erased to comply with a legal obligation; or
- Where the personal data is processed for the provision of information society services to a child.
This Policy sets out the type(s) of personal data held by the Company for business, treatment and marketing purposes, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.
- Aims and Objectives
- The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the GDPR.
- In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.
- This Policy applies to all personal data held by the Company for business, treatment and marketing purposes and by third-party data processors processing personal data on the Company’s behalf.
- Personal data, as held by the Company is stored in the following ways and in the following locations:
- The Company’s servers, operated by Carbonite version 6.3.3 (build 7062);
- Third-party servers, operated by iConsult: Marotori; and Shedul: SSL security
- Computers permanently located in the Company’s premises at 32 Bishopstone Road, Stone, Bucks HP17 8QX;
- Laptop computers and other mobile devices provided by the Company to its employees;
- Physical records stored in filing cabinets and archive boxes within Karma House Clinic, 32 Bishopstone Road, Stone, Bucks, HP17 8QX
- Data Subject Rights and Data Integrity
- Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Company’s use of their personal data, and further rights relating to automated decision-making and profiling.
- Technical and Organisational Data Security Measures
- All emails containing personal data must be marked “confidential”;
- Personal data may only be transmitted over secure networks;
- Personal data may not be transmitted over a wireless network if there is a reasonable wired alternative;
- Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself and associated temporary files should be deleted;
- Where personal data is to be sent by facsimile transmission the recipient should be informed in advance and should be waiting to receive it;
- Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient or sent using Royal Mail First Class delivery service.
- All personal data transferred physically should be transferred in a suitable container marked “confidential”;
- No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from the Data Protection Officer.
- All hardcopies of personal data, along with any electronic copies stored on physical media should be stored securely;
- No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without authorisation;
- Personal data must be handled with care at all times and should not be left unattended or on view;
- Computers used to view personal data must always be locked before being left unattended;
- No personal data should be stored on any mobile device, whether such device belongs to the Company or otherwise without the formal written approval of the Director and then strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary;
- No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the Company’s Data Protection Policy and the GDPR;
- All personal data stored electronically should be backed up with backups stored offsite. All backups should be encrypted;
- All electronic copies of personal data should be stored securely using passwords and encryption;
- All passwords used to protect personal data should be changed regularly and should be secure;
- Under no circumstances should any passwords be written down or shared. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
- All software should be kept up-to-date. Security-related updates should be installed as soon as reasonably possible after becoming available;
- No software may be installed on any Company-owned computer or device without approval; and
- Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Data Protection Officer to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.
- All employees and other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under the Company’s Data Protection Policy;
- Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Company;
- All employees and other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
- All employees and other parties working on behalf of the Company handling personal data will be appropriately supervised;
- All employees and other parties working on behalf of the Company handling personal data should exercise care and caution when discussing any work relating to personal data at all times;
- Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
- The performance of those employees and other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
- Data Disposal
Upon the expiry of the data retention periods set out below in Part 7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:
- Personal data stored electronically (including any and all backups thereof) shall be deleted;
- Personal data stored in hardcopy form shall be shredded.
- Data Retention
- As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.
- Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
- When establishing and/or reviewing retention periods, the following shall be taken into account:
- The objectives and requirements of the Company;
- The type of personal data in question;
- The purpose(s) for which the data in question is collected, held, and processed;
- The Company’s legal basis for collecting, holding, and processing that data;
- The category or categories of data subject to whom the data relates;
- If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.
- Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).
- In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes, or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and organisational measures to protect the rights and freedoms of data subjects, as required by the GDPR.
|Data Ref.||Type of Data||Purpose of Data||Review Period||Retention Period or Criteria||Comments|
|Shedul||Customer contact details including name, address, DOB, telephone number, email address, gender, appointment and sales history.||Shedul software is a programme/app used to collect and store all relevant information for each customer. This data is collected at time of registration with the clinic and their appointment and sales history is recorded as they continue to use the clinics services. This data is stored to enable all customers to use the clinics services and book appointments. Their contact details are used to identify them and a running record of all appointments and sales are kept should the clinic need to refer back to them at any one time in relation to their on-going treatment or any previous treatment.||Annually||8 Years||Customer records will be made un-active within the system when they have not visited for over 8 years.|
|iConsult||Customer treatment profile details including name, address, DOB, telephone number, email address, medical history, treatment record written notes and imagery.||A comprehensive treatment record for all customers are kept within a cloud-based app, iConsult. This software stores all customers details within their individual profile and includes all contact details, treatment notes and imagery. This data is used to enable the clinic to carry out all treatments safely and securely while referring to all treatment history and recording all eventualities after treatment.||Annually||8 Years||Customer records will be made un-active within the system when they have not visited for over 8 years.|
|Mailchimp||Customer contact details including name and email address.||Mailchimp is used for marketing and communication purposes. Customers that choose to opt in from the clinics registration form are added to the clinics mailing list and sent marketing emails on a monthly basis. This mailing list is also used to communicate with customers for other purposes including feedback questioners, event invitations and clinic up-dates.||Automatic subscription or de-subscription, on-going||8 Years|
|Webtext||Customer name and mobile number||Webtext is used to contact clients who have agreed to be added to the clinics mailing list and provided the clinic with a mobile number. Webtext is used to message customers directly to their phones for marketing and training purposes.||Annually||8 Years||Subscribers will be removed if no activity for more than 8 years|
|Registration Form||Name, address, DOB, email address, telephone numbers, medical history and medications.||A Registration Form is used at every customer’s first visit to the clinic to collect their data. This data is then put into the above sources E-Clinic and iConsult. All registration forms are then stored on site within Karma House, archived and then shredded after 8 years of collection.||6 Monthly||8 Years|
- Roles and Responsibilities
- The Company’s Data Protection Officer is Bethany Mallinson, email@example.com
- Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Officer.
- Implementation of Policy
This Policy shall be deemed effective as of 25th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.