1. WHO WE ARE AND WHAT WE DO

1.1 Our website at http://www.gpandme.co.uk (the “Website”) and the GP&Me mobile application (“App”) are owned and operated by Safar Primary Care Ltd, a company registered in England and Wales under company number 09839107 of 8 The Courtyards, Wyncolls Road, Severalls Industrial Park, Colchester, CO4 9PE. Safar Primary Care Ltd is a data controller and responsible for your personal data (referred to as “we”, “us” or “our” in this Privacy Policy). If you register with us to access any of the services that we provide to our customers, then we may also act as a data processor in connection with the delivery of our services to you.

1.2 Our data protection lead is Dr Saima Qurban who can be contacted at saima@gpandme.co.uk . If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our data protection lead.

1.3 We are registered with the Information Commissioners Office (‘ICO’) under registration number ZA161433 and you can view more information about our registration online here.

1.4 We respect your privacy and are committed to protecting your personal data. This Privacy Policy will inform you how we look after your personal data and sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Your visit to our Website and/or the App (collectively the “Platform”) is subject to the terms set out in this Privacy Policy. The Privacy Policy also applies whenever you correspond with us in person, by letter, by phone, email or any other means. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1.5 This Privacy Policy will be updated from time to time. The latest version updated on 1st May 2019 is published on this page of the Website and each updated version of the Privacy Policy will be published on this page of the Website also. This policy has been updated to reflect the changes introduced by the Data Protection Act 2018 (“DPA”) and the General Data Protection Regulation (“GDPR”). This Policy is also designed to reflect the NHS Data Security and Protection Toolkit (2018).

1.6 In this Privacy Policy we seek to abide by the letter and spirit of the guidelines laid out by the ICO on their webpage on the ‘Right to be Informed’.

2. INFORMATION WE MAY COLLECT FROM YOU

2.1 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). When you visit our Platform or correspond with us in person or by phone, e-mail or otherwise you may give us information that would be classed as personal data about you and others you are acting on behalf of. We may collect, use, store and transfer different kinds of personal data about you when you do so which we have grouped together follows:

2.1.1 Patient Identity Data which includes a first name, last name, username or similar identifier, NHS number, title, date of birth and gender;

2.1.2 Clinician Identity Data which includes a first name, last name, job title and a surgery name;

2.1.3 Contact Data which may include your billing address, home address, email address and telephone number(s);

2.1.4 Appointment Data which will include information relating to an appointment such as dates and times that has facilitated through the Platform;

2.1.5 Health Data which only includes a brief description of the reason for your appointment

2.1.6 Financial Data which includes your bank account and payment card details;

2.1.7 Transaction Data includes details about payments to and from you and other details of products and services you may have purchased from us;

2.1.8 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 the Platform;

2.1.9 Profile Data which includes your username and password for any accounts set up to access our products and services, purchases or orders made by you, feedback responses;

2.1.10 Usage Data which includes information about how you use our Platform, products and services;

2.2 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 feature of our Platform. 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 Policy.

2.3 Except for a brief description of the reason for your appointment (as described above) We do not collect any Special Categories of Personal Data (as defined in the GDPR, eg Health Data). We do not collect any information about criminal convictions and offences.

2.4 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 services through our Platform). In this case, we may have to cancel a service you have asked us to provide but we will notify you if this is the case at the time.

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

3. COOKIES

3.1 When you run our App on your device, GP&Me does not store any personal data nor do we use cookies.

4. KEEPING YOUR DATA SECURE

4.1 We know that data security is important to you and it is therefore important to us. GP&Me and the NHS have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed, including up to date virus software and personal protection on computers and devices.

4.2 GP&Me operates within very similar NHS Data guidelines as your own Surgery: we are registered as an NHS Business Partner for the Digital Security & Protection Toolkit and Privacy Impact Assessment for North East Essex CCG, and we are CQC-, DPA-, NHS DSPT- and GDPR-compliant.

4.3 In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions in accordance with this Privacy Policy and they are subject to a duty of confidentiality.

4.4 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

5. HOW WE WILL COLLECT YOUR DATA

5.1 We use different methods to collect data from and about you including through:

1.1.1 Direct interactions. You may give us any of the categories of data identified above by filling in forms on our Platform or by corresponding with us in person or by phone, e-mail or otherwise. This includes personal data you provide when you:

- register to use our Platform;

- make a request for our services;

- give us some feedback.

5.2 Surgery entered information. When you arrange an appointment with a medical practitioner through the Platform a surgery administrator will update your GP&Me record on the Platform. This will include the information listed in the ‘Information We Collect About You’ section above.

5.3 Consultation recordings. GP&Me offers remote audio or audio/visual consultations wherever you are in the UK. For your protection, all consultations are securely recorded and stored, but there is no personal information within the database or storage system to identify who the patient, clinician and surgery are: just a unique GP&Me reference.

6. WHY WE WILL USE YOUR DATA

6.1 The lawful bases for processing personal data are set out in Article 6 of the General Data Protection Regulation (GDPR). We may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below. At least one of these must apply whenever we process personal data:

6.1.1 Consent: you have given clear consent for us to process your personal data for a specific purpose. For example, where you have asked us to contact you or perform a specific action for you in the absence of a contact.

6.1.2 Contract: the processing is necessary for a contract we have with you (for example, to process and deliver our services to you and to manage our relationship with you through the Platform), or because you have asked us to take specific steps before entering into a contract.

6.1.3 Legal obligation: the processing is necessary for us to comply with a legal or regulatory obligation (not including contractual obligations).

6.1.4 Vital interests: the processing is necessary to protect someone’s life.

6.1.5 Legitimate interests: the processing is necessary for our legitimate interests (for example to administer and maintain our Platform) or the legitimate interests of a third party unless there is a good reason to protect your personal data which overrides those legitimate interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

We rely on the following legitimate interests when processing your personal data:

- To manage our business and comply with our obligations to our patients, staff and suppliers

- To protect our proprietary and commercially sensitive information

- To administer and maintain our Platform.

6.2 We also need to satisfy specific conditions for using your health data (which, in this case, is solely a brief description of the reason for your appointment). We rely on the following ground in this regard:

6.2.1 Express Consent: you expressly consent to the processing of data concerning your health to allow us to deliver our services; and

6.2.2 Healthcare provision: the processing of data concerning your health is necessary for us to provide you with a medical diagnosis and/or healthcare treatment (for example, to the attending a virtual appointment through the Platform)

6.3 Click here to find out more on the Information Commissioner’s Office website about the types of lawful basis that we will rely on to process your personal data.

6.4 Generally we do not rely on consent as a legal basis for processing your personal data other than as described in this Privacy Policy. However, where we do ask for your consent (for example in processing data relating to your health) we will do so in order to comply with the principle that any processing must be lawful, fair and transparent.

7. DISCLOSING YOUR PERSONAL DATA

7.1 We may have to share your personal data with the parties below in order to provide our services to you. We require all third parties to respect the security of your personal data and to treat it in accordance with the law, and when they are processing personal data on our behalf we do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and in accordance with the law. Examples of our third parties include:

7.1.1 Third parties who you authorise to provide services to you for example a medical practitioner that you arrange an appointment with through the Platform;

7.1.2 Sub-contractors for the performance of any contract we enter into with them or you;

7.1.3 Service providers acting as processors who provide IT and system administration services.

7.1.4 Professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.

7.1.5 NHS and non-NHS organisations such as social services, education services, local authorities, police and public health

7.2 We do not store or manage your data outside the UK.

8. CHANGE OF PURPOSE

8.1 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 get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

8.2 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.

8.3 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.

9. HOW LONG WE WILL KEEP YOUR DATA

9.1 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. 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.

9.2 In the circumstances where we anonymise 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.

10. YOUR LEGAL RIGHTS

10.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to access the Information Commissioner’s Office website to find out more about these rights:

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.

10.2 If you wish to exercise any of the rights set out above, please Contact us. If you are unhappy with how we are processing your personal data, you have the right to complaint to the Information Commissioner Office. The Information Commissioner can be contacted at:

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

https://ico.org.uk/concerns/

11. NO FEE USUALLY REQUIRED

11.1 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.

12. WHAT WE MAY NEED FROM YOU

12.1 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

13. TIME LIMIT TO RESPOND

13.1 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.