INTRODUCTION

What is the purpose of this document?

Enable Therapy Services Limited is committed to protecting the privacy and security of your personal information.

Employees / Contractors / Workers / Associates

This privacy notice describes how we collect and use personal information about you in consideration of, during and after your (working) relationship with us, in accordance with the General Data Protection Regulation (GDPR).

It applies to all employees, workers contractors and associates and those applying for these roles.

Clients

We recognise that we may collect, process and store sensitive health or medical data about you. The GDPR refers to this as ‘Special Category Data’. The purpose of this notice is to set out our obligations to you.

It applies to all clients, prospective clients and recipients of any medical, occupational or vocational assessments and treatment and case management/clinical coordination and rehabilitation services that we may instigate, provide or be involved in on your behalf.

Website users

This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Enable Therapy Services Limited is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to prospective, current and former employees, workers, associates and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time.

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.

Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

1. Used lawfully, fairly and in a transparent way.

2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

3. Relevant to the purposes we have told you about and limited only to those purposes.

4. Accurate and kept up to date.

5. Kept only as long as necessary for the purposes we have told you about.

6. Kept securely.

The kind of information we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are “special categories” of more sensitive personal data which require a higher level of protection.

We may collect, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
  • Date of birth.
  • Gender.
  • Marital status and dependants.
  • Next of kin and emergency contact information.
  • National Insurance number.
  • Bank account details, payroll records and tax status information.
  • Salary, annual leave, pension and benefits information.
  • Start date and finish date
  • Location of employment or workplace.
  • Copy of driving licence and/or passport/utility bill and other documents required to verify your identity.
  • Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
  • Employment records (including job titles, work history, working hours, training records and professional memberships).
  • Compensation history.
  • Performance information.
  • Disciplinary and grievance information.
  • Signing in records.
  • Information about your use of our information and communications systems.
  • Photographs.

We may also collect, store and use the following “special categories” of more sensitive personal information:

  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
  • Trade union membership.
  • Information about your health, including any medical condition, health and sickness records.
  • Information about criminal convictions and offences.
  • Information about CCJs and bankruptcies.
  • Rehabilitation notes, occupational therapy records and immediate needs assessments.
Website users

Personal data, or personal information for the purposes of our website, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). Here we may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

•       Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

•       Contact Data includes billing address, delivery address, email address and telephone numbers.

•       Financial Data includes bank account and payment card details.

•       Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

•       Technical Data includes internet protocol (IP) address, your login data, 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.

•       Profile Data includes any username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

•       Usage Data includes information about how you use our website, products and services.

•       Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preference.

We also collect, use and share 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.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

How is your personal information collected?

We collect personal information about employees, workers, associates and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.

We will collect additional personal information in the course of job-related activities throughout the period of you working for us.

We will collect data about you as a client directly from you, or from a third party instructing us on your behalf or alternatively from a third party funding your treatment or rehabilitation. For example, this may be an insurance company funding your treatment or from your Solicitor acting for you in an injury claim. We may also collect information from your employer where and if applicable and also from other treating health practitioners involved in your rehabilitation.

Website users

Personal data, or personal information for the purposes of our website, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). Here we may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

•       Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

•       Contact Data includes billing address, delivery address, email address and telephone numbers.

•       Financial Data includes bank account and payment card details.

•       Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

•       Technical Data includes internet protocol (IP) address, your login data, 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.

•       Profile Data includes any username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

•       Usage Data includes information about how you use our website, products and services.

Website Users

We use different methods to collect data from and about you via the website including through:

•    Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

•       apply for our products or services;

•           create an account on our website;

•           subscribe to our service or publications;

•           request marketing to be sent to you;

•           enter a competition, promotion or survey; or

•           give us some feedback.

•    Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

•    Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

•           Technical Data from the following parties:

(a)  analytics providers such as Google based outside the EU;

(b)  advertising networks based inside or outside the EU; and

(c)  search information providers based inside or outside the EU.

•    Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside or outside the EU

•    Identity and Contact Data from data brokers or aggregators based inside or outside the EU

•    Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

1. Where we need to perform the contract we have entered into with you.

2. Where we need to comply with a legal obligation.

3. 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 may also use your personal information in the following situations, which are likely to be rare:

1. Where we need to protect your interests (or someone else’s interests).

2. Where it is needed in the public interest [or for official purposes].

Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

 Category of Information  

Performing the Contract

 

Compliance with Legal Obligations

Pursuing Legitimate Interests of the Employer or those of Third Parties
Making a decision about your recruitment or appointment (CV, Application Form, Interview Form). X
Determining the terms on which you work for us. X
Determining whether your engagement is deemed employment for the purposes of Chapter 10 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) and providing you with a status determination statement in accordance with the applicable provisions of ITEPA 2003. X
Checking you are legally entitled to work in the UK. X
Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs). X
Providing the following benefits to you: Pension, Occupational sick pay. X
Inviting you to participate in any share plans operated by a group company. X
Granting awards under any share plans operated by a group company. X
Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties. X
Liaising with the trustees or managers of a pension arrangement operated by a group company, your pension provider and any other provider of employee benefits. X
Administering the contract we have entered into with you. X
Business management and planning, including accounting and auditing. X
Conducting performance reviews, managing performance and determining performance requirements. X
Making decisions about salary reviews and compensation. X
Assessing qualifications for a particular job or task, including decisions about promotions. X
Gathering evidence for possible grievance or disciplinary hearings. X
Making decisions about your continued employment or engagement. X
Making arrangements for the termination of our working relationship. X
Education, training and development requirements. X
Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work. X
Ascertaining your fitness to work. X
Managing sickness absence. X
Complying with health and safety obligations. X
To  Prevent fraud. X
To monitor your use of our information and communication systems to ensure compliance with our IT policies. X
To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution. X
To conduct data analytics studies to review and better understand employee retention and attrition rates. X
Equal opportunities monitoring. X
A legitimate requirement of our fee-paying clients to safeguard their business interests in line with requirements under the FCA and which balance the interest against your own privacy rights. X

We have indicated below the lawful purpose or purposes for which we are processing or will process your personal information as a Client, as well as indicating which categories of data are involved.

  • Administering the contract, we have entered into with you or those funding your treatment
  • Arranging treatment or assessments on your behalf
  • Liaising with treating clinicians on your behalf

We have indicated below the lawful purpose or purposes for which we are processing or will process your personal information as a website user, as well as indicating which categories of data are involved.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer or client (a) Identity

(b) Contact

Performance of a contract with you
To process and deliver your order or service including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

 

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

 

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey

 

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

 

To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity

(b) Contact

(c) Technical

 

(a) 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)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

 

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

 

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical

(b) Usage

 

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you

 

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

 

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data 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 from 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.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third-party group of companies for marketing purposes.

Opting Out

You can ask us or third parties to stop sending you marketing messages at any time by emailing  enquiries@enabletherapyservioces.co.uk at any time

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us, as a result of a product/service purchase, warranty registration, product/service experience or other transaction.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

Change of purpose

We will only use your personal information 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 we need to use your personal information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we use particularly sensitive personal information

“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing, and using this type of personal information. We may process special categories of personal information in the following circumstances:

1. In limited circumstances, with your explicit written consent.

2. Where we need to carry out our legal obligations and in line with our Privacy Policy

3. Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme, and in line with our Privacy Policy

4. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.

Our obligations as an employer

We will use your particularly sensitive personal information in the following ways:

  • We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
  • We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
  • We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows 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 Privacy Policy.

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.

We do not envisage that we will hold information about criminal convictions.

We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us. We will use information about criminal convictions and offences in the following ways:

  • Making a decision about your recruitment, engagement or employment

We are allowed to use your personal information in this way to carry out our obligations to fulfil our contractual obligations to you and/or make a decision as to whether or not to enter into a contract with you.

Automated decision-making

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

Data sharing

We may have to share your data with third parties, including third-party service providers.

We require third parties to respect the security of your data and to treat it in accordance with the law.

We may transfer your personal information outside the EU but only with safeguards. ETS has a policy of not doing this.

If we do, you can expect a similar degree of protection in respect of your personal information.

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. In respect of service users, we are also likely to share your data with our network of therapists, ETS OT associates and case managers as they will facilitate or be directly involved in providing you with treatment.  We are likely to share your data with those instructing us on your behalf and in cases where we are required by law, for example when preparing documentation pursuant to the Rehabilitation Code 2015 we may share your data with both those acting on your behalf and your opponent, their insurer or Solicitor.

Which third-party service providers process my personal information?

“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third party service providers:

IT services, payroll, pension administration, legal advice, nursery vouchers, training, rehabilitation services, benefits agencies, medical / healthcare professional services, ancillary service providers.

How secure is my information with third-party service providers and other entities in our group?

All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.

Data security

We have put in place measures to protect the security of your information. Details of these measures are available upon request.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

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.

Data retention

How long will you use my information for?

We will only retain your personal information 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. Details of retention periods for different aspects of your personal information are available in our retention policy which is available from our DPO (Data Protection Officer). The DPOs are Rachel Hopkinson and Ixchiel Wilson and they can be contacted at DPO@enabletherapyservices.co.uk.

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. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with our data retention policy.

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access 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.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.
  • Right to withdraw consent where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the DPO in writing at DPO@enabletherapyservices.co.uk.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the DPO at DPO@enabletherapyservices.co.uk.  Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Data protection officer

We have appointed two data protection officers (DPO) to oversee compliance with this privacy notice Rachel Hopkinson and Ixchiel Wilson. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO at DPO@enabletherapyservices.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.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

Dated: October 2020