The REAL Clinic

OUR PRIVACY POLICY

Who we are

Our website address is: https://realclinic.uk.

This Policy Was Last Updated: 28th October 2022

The Battersea Clinic Limited as part of its ongoing commitment to protecting and respecting your privacy sets out the basis on which we process any personal data that we collect from you or about you that you provide to us or that we receive from other sources. By processing, we mean when we collect, use, store, delete and otherwise manipulate or access personal data.
If we ask you to provide information from which you can be identified, as a result of a visit to our clinics – in person, by phone or when using our website, it will be used in accordance with this privacy policy, and in accordance with further changes or addendum to our policy.
We recommend that you read this policy carefully to understand our practices regarding the processing and retention of your personal data and that you print a copy of this Privacy Policy and any future versions in force for future reference.

OUR DATA PROTECTION OBLIGATIONS TO YOU

The Battersea Clinic will process your personal data in accordance with the Regulations in force. For the purposes of Data Protection Legislation, we are the data controller, and we will process your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 and national laws which relate to the processing of personal data.

THE DATA CONTROLLER

The Battersea Clinic Limited is registered as a data controller with the Information Commissioner’s Office under Company registration number 13405640 as ICO registration reference: ZB165184
You can contact our Data Protection lead by writing to the registered address at 1 Vincent Square, London, SW1P 2PN or by sending an email to karolina@batterseaclinic.com

THE DATA PROTECTION LEAD FOR THE BATTERSEA CLINIC LIMITED

We have appointed a Data Protection Lead to oversee compliance with this privacy policy. If you have any questions, comments or requests regarding this policy or how we use your personal data please contact our Data Protection Lead at 1 Vincent Square, London, SW1P 2PN or by sending an email to karolina@batterseaclinic.com.
This is in addition to your right to contact the Information Commissioner’s Office if you are unsatisfied with our response to any issues you raise at https://ico.org.uk/global/contact-us/.

HOW WE COLLECT OR OBTAIN PERSONAL INFORMATION ABOUT YOU

The Battersea Clinic Limited will always ask you for your consent to allow us to use your personal data for the reasons stated in this notice. This is to ensure we are able to perform any contract we are entering into with you mainly to facilitate your chosen procedure, including pre and post-operative care. We will send you a consent form when you contact us for surgery which you will need to complete, sign and return to us. You should only sign it if you want to give us your consent. The Battersea Clinic Limited may request further consent from you at any point after you have entered a contract with us to allow us to request or obtain information from third parties such as your Surgeon, your Anaesthetist, your General Practitioner, your specialist medical provider, medical equipment suppliers/products, relevant to your procedure.

We collect personal information about you when you provide it to us, such as through your use of our website and its features, when you contact us directly by email, phone, in writing, in person during a visit to one of our clinics, when you order services, when you use our website or any other means by which you provide personal information to us.

Where permitted, we may also receive information about you from your chosen Finance company.

We also collect information about your use of our website through cookies and similar technologies. Our cookies policy sets out more of the information on how we use cookies and similar technologies to collect information about you. You can access our cookies policy via this link: https://realclinic.uk/cookies-policy/. You can reject some or all of the cookies we use on or via our website by changing your browser settings but doing so may impair your ability to use our website or some or all of its features. For further information about cookies, including how to change your browser settings, please visit www.allaboutcookies.org.

We use Google Analytics on our website to understand how you engage and interact with it. For information on how Google Analytics collects and processes data using cookies, please visit www.google.com/policies/privacy/partners/. You can opt out of Google Analytics tracking by visiting: tools.google.com/dlpage/gaoptout.
*Website Links
Our Site may, from time to time, contain reference to and from the websites of third parties. Please note that if you access a link to any of these websites, such websites will apply different terms to the collection and privacy of your personal data and we do not accept any responsibility or liability for these policies. When you leave our Site, we encourage you to read the privacy notice/policy of every website you visit.

PERSONAL INFORMATION WE COLLECT OR OBTAIN ABOUT YOU

The type of information we collect about you may include (but is not limited to) information such as:
a. your name
b. your email address
c. your address
d. your phone number
e. your age
f. your payment information (e.g. your credit or debit card details)
g. information about your computer (e.g. your IP address and browser type)
h. information about how you use our website (e.g. which pages you have viewed, the time you viewed them and what you clicked on)
i. information about your mobile device (such as the make and model of your device);
j. information about your device (such as your device operating system, network service provider, browser, etc…)
k. Information about finance taken with one of our partners for surgery
l. Information about your medical history (previous surgeries, pre-existing conditions, etc…)
Information we obtain from third parties may relate to your medical history, credit application, but may include any additional information they provide to us, including (but not limited to) any of the types of information set out in the list above.
In addition, where we obtain personal information about you from a source other than yourself, we are not required to provide you with certain privacy information contained in this Privacy Policy if:
m. you already have the information;
n. providing you with the information would prove impossible or would involve a disproportionate effort;
o. we are under an EU or EU member state law obligation to obtain or disclose the information which provides appropriate measures to protect your legitimate interests; or
p. we are obliged to keep the information confidential as a result of an obligation of professional secrecy regulated by EU or EU member state law.
Where we obtain personal information about you from a source other than yourself, and we are required to provide you with that information, we will provide you with the information contained in this Privacy Policy at the following points in time:
q. if we intend to use your personal information to communicate with you, at the point when we first communicate with you;
r. if we envisage that we will disclose your personal information to a third party, when we disclose your personal information to that third party (at the latest); and
s. in any other circumstances, within a reasonable period after obtaining your personal information (and in any event within one month at the latest), taking into account the specific circumstances in which we use your personal information.

HOW WE USE YOUR PERSONAL INFORMATION

We may use your personal information for one or more of the following purposes in our legitimate interests or in the legitimate interests of third parties:
a. Administering, running and improving our website and business. This is necessary for our legitimate interest of better understanding our other patients’ and potential patients’ preferences and tailoring our website, products and services to their needs and preferences.
b. Communicating directly with you in relation to updates to the website, your chosen services, and in response to enquiries we receive from you. This will be necessary either to update you from time to time about changes to our website, to perform a contract which we have entered into with you (or to take steps, at your request, to enter into a contract with you) or for our legitimate interest of satisfying and confirming your requirements in order to provide you with our products or services and to answer questions we receive from you.

c. Protecting our business and our business interests, including for the purposes of fraud prevention and debt recovery. This is necessary for our legitimate interests of preventing criminal activity such as fraud or money laundering, for ensuring that our website and services are not misused and protecting our business. We will only carry out such checks to the extent that we are permitted or authorised by law to do so.

d. Displaying advertisements to you and analysing the information we receive in relation to those advertisements. This is necessary for our own legitimate interests of direct marketing and advertising our products and services.

e. Providing you with news relating to services which relate to services you purchased from us or were in negotiations to purchase from us (provided that you did opt in to receiving such communications either at the time or subsequently). This is necessary for our legitimate interest of direct marketing and advertising our products and services.

f. Communicating with our business advisors and legal representatives. This is necessary for our legitimate interests of obtaining legal or professional business advice, and we will only share your personal information where it is necessary to do so, to the minimum extent necessary and on an anonymised basis wherever possible.

g. Sharing your personal information with third parties which are either related to or associated with us (including to third parties within our corporate group from time to time) such as our business partners, service review providers, affiliates, associates, suppliers, independent contractors, delivery agents, email providers and IT service providers. This will be necessary either to perform a contract which we have entered into with you (or to take steps, at your request, to enter into a contract with you), for our legitimate interest of running and managing our business effectively, for compliance with a legal obligation to which we are subject, or for our own direct marketing purposes. Where we share your personal information, we will do so strictly on a need-to-know basis, subject to appropriate confidentiality restrictions, on an anonymised basis as far as possible and only to the extent strictly necessary for any of these purposes.
h. Passing on information to third parties, such as payment service providers, including Worldpay, Stripe or credit providers in order to process services you purchase from us.

This is necessary for us to perform a contract we have entered into with you (or to take steps, at your request, to enter into a contract with you) and for our and third parties legitimate interest in processing your payment(s) for services you request from us.

You can access the privacy policy of WorldPay here: https://www.worldpay.com/uk/privacy-policy

i. Enforcing our legal rights. This is necessary for our legitimate interest of protecting our business and enforcing our contractual and other legal rights.
j. In connection with any legal or potential legal dispute or proceedings. This is necessary for our legitimate interest of promoting and ensuring the success of our business, resolving disputes and making such disclosures as are required by law or which we consider, acting reasonably, are required by law.
k. Ensuring physical, network and information security and integrity. This is necessary for our legitimate interest of ensuring that our IT systems and networks are secure and uncompromised, including, for example, preventing malware, viruses, bugs or other harmful code, preventing unauthorised access to our systems, and any form of attack on, or damage to, our IT systems and networks.
l. In connection with disclosure requests and in the case of a business or share sale or sale or purchase of a business and/or assets, whether actual or potential. This is necessary for our legitimate interests of selling and/or ensuring and promoting the success of our business.
m. Providing statistical information to third parties such as Google Analytics. This is necessary for our and third parties’ legitimate interests of processing personal information for research purposes, including market research, better understanding of our patients, and tailoring our respective services to their needs.
n. Indicating possible criminal acts or threats to public security to a competent authority. This is necessary for our legitimate interest of promoting the success of our business, preventing crime, for compliance with a legal obligation to which we are subject, in the general public interest or for the legitimate interests of governmental bodies and competent authorities that prevent crime.
We will also collect or process your personal information for the following purposes:
o. Entering into and performing a contract with you. Where you wish to purchase services from us, we require, for in person, online and certain other transactions, such as but not limited to booking a consultation or a procedure, your personal information in order to enter into and perform a contract with you. If you do not provide your personal information to us when it is required for such a purpose, we will not be able to enter into or perform a contract with you or to provide you with the services you have requested. We may also postpone or cancel any bookings you place and enforce our legal rights against you (for example, where we have incurred costs or expenses in preparing or fulfilling any request placed by you but are unable to process due to your failure to provide the necessary personal information).
p. Complying with laws, regulations and other legal requirements. We may need to use and process your personal information in order to comply with legal obligations to which we are subject. For example, we may require your personal information pursuant to a statutory obligation to conduct anti-money-laundering checks or to disclose your information to a court following receipt of a court order or subpoena. We may also need your personal information to comply with ongoing legal obligations, such as tax laws and regulations to which we are subject.
We may process your personal information for the following purpose(s) where we have obtained your consent to do so:
q. To provide you with news and information on our activities where our services and products can be purchased via a newsletter, email, SMS, other communication medium and in person.
Where we process your personal information on the basis of your consent, you can withdraw your consent to such processing at any time by writing to us at 1 Vincent Square, London, SW1P 2PN or by sending an email to karolina@batterseaclinic.com

MARKETING

In addition to the uses described above, where you indicate you would like to receive marketing correspondence from us, subscribe to our mailing lists or newsletters, provide us with your details at networking events, we may use your personal data for our legitimate interests in order to provide you with details about our services, business updates and events which we think may be of interest.

You have the right to opt-out of receiving the information detailed above at any time. To opt-out of receiving such information you can:
a. tick the relevant box situated in the form on which we collect your information;
b. clicking the unsubscribe button contained in any such communication received; or
c. email us at karolina@batterseaclinic.com providing us with your name and contact details.

AUTOMATED PROCESSING

We do not undertake automated decision making with your personal data

LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA

We will only use your personal data where the law allows us to. Most commonly, we will use your personal data in the following circumstances:
a) for performance of a contract we enter into with you;
b) where necessary for compliance with a legal or regulatory obligation we are subject to; and
c) for our legitimate interests (as described within this policy) and your interests and fundamental rights do not override these interests.

DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

In addition to the aforementioned third parties, we may disclose your information to third parties for our following legitimate interests as follows:
a) to staff members and consultants in order to facilitate the provision of goods or services to you
b) to our affiliated entities to support internal administration;
c) IT software providers that host our website and store data on our behalf;
d) professional advisers including consultants, lawyers, bankers and insurers who provide us with consultancy, banking, legal, insurance and accounting services
e) HM Revenue and Customs, regulators and other authorities who require reporting of processing activities in certain circumstances; and
f) third parties who we may choose to sell, transfer or merge parts of our business or assets. Alternatively, we may seek to acquire other business or merge with them. If a change happens to our business, then the new owners my use your personal data in the same way as set out in this privacy policy.
We may disclose personal data to the police, regulatory bodies, legal advisors or similar third parties where we are under a legal duty to disclose or share 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 our rights, property, or safety of our patients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.
We will not sell or distribute personal data to other organisations without your approval.

HOW LONG WE STORE YOUR PERSONAL INFORMATION

We will store your information for no longer than necessary, taking into account the following:
a. the purpose(s) for which we are processing your personal information, such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or for our legitimate interests;
b. Whether we have any legal obligation to continue to process your information, such as any record-keeping obligations imposed by applicable law; and
c. Whether we have any legal basis to continue to process your personal information, such as your consent.

SECURING YOUR PERSONAL INFORMATION

We take appropriate technical and organisational measures to secure your personal information and to protect it against unauthorised or unlawful use or processing as well as against the accidental loss or destruction of, or damage to, your personal information, including:
a. only sharing and providing access to your personal information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible;
b. using secure servers to store your personal information;
c. requiring proof of identity from any individual who requests access to personal information; and

STORING YOUR PERSONAL DATA

The Battersea Clinic Limited has put into place appropriate technical and organisational measures to prevent accidental loss, damage or destruction of your personal data, and to protect your personal data against unauthorised, or unlawful use or theft. We put in place strict confidentiality agreements, including data protection obligations, with our third-party service providers and data processors.

STORING YOUR PERSONAL DATA

TRANSFERS OF YOUR PERSONAL INFORMATION TO OTHER COUNTRIES

We hold your data within the EU, but we may need to transfer your personal information outside of the country in which we collected or obtained it, including outside the European Economic Area or to an international organisation from time to time. Where we transfer your personal information outside the European Economic Area, the country to which it is transferred will either be subject to an adequacy decision by the European Commission, or if not (or if we transfer your personal information to an international organisation), we will ensure that the transfer takes place on the basis of one or more of the following safeguards:
a. standard data protection clauses adopted by the European Commission or adopted by the Information Commissioner’s Office and approved by the European Commission in accordance with relevant law;
b. where authorised by the Information Commissioner’s Office, contractual clauses between the data controller or processor and the data controller, processor or recipient of the personal information in the third country or international organisation.

ACCESS TO, UPDATING, DELETING AND RESTRICTING USE OF PERSONAL DATA

It is important that the personal data we hold about you is accurate and current. Please keep us informed if the personal data we hold about you changes.
Data protection legislation gives you the right to object to the processing of your personal data in certain circumstances or withdraw your consent to the processing of your personal data where this has been provided. You also have the right to access information held about you and for this to be provided in an intelligible form. In certain circumstances we reserve the right to charge a reasonable fee to comply with your request.

Where you request access to personal information, we are required by law to use reasonable means to verify your identity before doing so. In order for us to verify your identity, we require you to provide us with an original or certified copy of a document from each of the following two categories of documents:
a. Category One: a full current signed UK or overseas passport, a full current UK or EU photocard driving licence or a national identity card.

b. Category Two: a copy of your bank statement, utility bill (gas, electric, water, landline phone), TV licence renewal statement or council tax bill with your address, dated no earlier than three months before the date when you request access to your personal information.

We will not be able to provide you with access to your personal information until you provide us with your proof of identity as set out above and we have been able to successfully verify the information or documents you provide us with.

You can also ask us to undertake the following:
a. Update or amend your personal data if you feel this is inaccurate;
b. Remove your personal data from our database entirely only in some instances as per Data Protection Regulations in force;
c. Send you copies of your personal data in a commonly used format and transfer your information to another entity where you have supplied this to us, and we process this electronically with your consent or where necessary for the performance of a contract; or
d. Restrict the use of your personal data.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal data that we hold about you or make your requested changes. Data protection legislation may allow or require us to refuse to provide you with access to some or all the personal data that we hold about you or to comply with any requests made in accordance with your rights referred to above. If we cannot provide you with access to your personal data, or process any other request we receive, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Please send any requests relating to the above to our Data Protection Lead at 1 Vincent Square, London, SW1P 2PN or emailing us at karolina@batterseaclinic.com specifying your name and the action you would like us to undertake.

FOR PATIENTS & CUSTOMERS RECEIVING CLINICAL/HEALTHCARE AT THE BATTERSEA CLINIC

Introduction

This is The Battersea Clinic’s and REAL’s Privacy Notice, specifically for patients and customers using our clinical facilities, as regulated by the Care Quality Commission (CQC)

As part of the services we offer, we need to process personal data about our staff, service users and, in some instances, the friends or relatives of our service users and staff. “Processing” can mean collecting, recording, organising, storing, sharing or destroying data.

We are committed to being transparent about why we need your personal data and what we do with it. This information is set out in this privacy notice. It further explains your rights when it comes to your data.

If you have any concerns or questions, please contact us on email at: info@realclinic.uk

SERVICE USERS IE THE PATIENTS THEMSELVES

Service Users
What data do we have?
In order that we can provide a professional and safe service, we need to keep certain records about you. We may process the following types of data:
• Your basic details and contact information such as your name, date of birth, address, email address, telephone number and next of kin
• Your financial details such as how you pay us for your care or your funding arrangements
We also record the following data which is classified as special category:
• Health and social care data about you, and this may include your physical and mental health data
• We may also record data about your race, ethnic origin, religion or sexual orientation

Why do we have this data?

We need this data so that we can provide high quality care and support. By law, we need to have a lawful basis for processing your personal data

We process your data because:
• We have a legal obligation to do so under the Health and Social Care Act 2012

We process your special category data because:
• It is needed due to social security and social protection law in the case, for example, of safeguarding instances
• It is necessary for us to provide and manage social care services
• It is required to provide data to our regulator, the Care Quality Commission (CQC), as part of our public interest obligations

We may also process your data with your consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we require the data for and how you can withdraw your consent at any time

Where do we process your data?

In order that we can provide you with high quality care and support, we need specific data. This is collected from or shared with:
1. You or your legal representative(s)
2. Third parties

We do this face to face and through email, telephone and via post and our website

Third parties are organisations we might lawfully share your data with. These include:

• Your family or friends and only with your permission
• Other parts of the health and care system such as clinical commissioning groups, health and care professionals, GP, pharmacy, local hospitals and social workers
• The local authority
• Organisations we have a legal obligation to share information with such as the CQC
• The police or other law enforcement agencies if we have to by law or court order

FRIENDS AND RELATIVES OF THOSE RECEIVING CLINICAL/HEALTHCARE AT THE BATTERSEA CLINIC

What data do we have?

As part of our work providing high quality care and support, it may be necessary that we hold the following information on you:
• Your basic details and contact information such as your name, telephone number and address

Why do we have this data?

By law, we need to have a lawful basis for processing your personal data

We process your data because we have a legitimate business interest in holding next of kin and lasting power of attorney information about the individuals who use our service and providing emergency contact details for our staff

Where do we process your data?
In order that we can provide high quality care and support, we need specific data. This is collected from or shared with:
1. You or your legal representative(s)
2. Third parties

We do this face to face and through email, telephone and via post and our website

Third parties are organisations we have a legal reason to share your data with. These may include:
• Other parts of the health and care system such as health and care professionals, GP, pharmacy, local hospital and social workers
• The local authority
• The police or other law enforcement agencies if we have to by law or court order

OUR WEBSITE

In order to provide you with the best experience while using our website, we process some data about you.

Please see the sections above, relating to the Privacy Policy of Our Website.

YOUR RIGHTS

The data that we keep about you is your data, and we ensure that we keep it confidential and that it is used appropriately. You have the following rights when it comes to your data:

1. You have the right to ask for a copy of all of the data we keep about you. In general, we will not charge for this service

2. You have the right to ask us to correct any data we have that you believe to be inaccurate or incomplete. You can also request that we restrict all processing of your data while we consider your rectification request

3. You have the right to ask that we erase any of your personal data which is no longer necessary for the purpose we originally collected it for. We retain our data in line with the guidelines from the Information Governance Alliance (https://digital.nhs.uk/data-and-information/looking-after-information/data-security-and-information-governance/codes-of-practice-for-handling-information-in-health-and-care/records-management-code-of-practice-for-health-and-social-care-2016)

4. You can also request that we restrict processing if we no longer need your personal data for the purpose we originally collected it for, but you do not wish for it to be erased

5. You can ask for your data to be erased if we have asked for your consent to process your data. You can withdraw consent at any time and please contact us to do so

6. If we are processing your data as part of our legitimate interests as an organisation or in order to complete a task in the public interest, you have the right to object to that processing. We will restrict all processing of this data while we look into your objection

You may be required to provide adequate information for our staff to be able to identify you such as a driver’s licence or passport. This is to make sure that data is not inappropriately shared with the wrong person. We will always respond to your request as soon as possible and at the latest within one month

If you would like to complain about how we have dealt with your request, please contact:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

https://ico.org.uk/global/contact-us/