Clear Guide GDPR Privacy Policy

We ask that you read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and other organisations in the event you have a complaint.

Introduction

We are Clear Guide. In order that we can provide our services to the people we work with we collect and use certain personal information about you.
Personal information means any information about you from which you can be identified, but it does not include information where your identity has been removed (anonymous data).

As the ‘controller’ of personal information, we are responsible for how that data is managed. The General Data Protection Regulation (GDPR), which applies in the United Kingdom and across the European Union, sets out our obligations to you and your rights in respect of how we manage your personal information.

As the ‘controller’ of your personal information, we will ensure that the personal information we hold about you is:
• Used lawfully, fairly and in a transparent way
• Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes
• Relevant to the purposes we have told you about and limited only to those purposes
• Accurate and kept up to date
• Kept only as long as necessary for the purposes we have told you about
• Kept securely

If you have any questions about this privacy policy or would like further explanation as to how your personal information is managed, then please contact us.

Please note when we refer to:
A ‘public body ‘we mean any organisation in the United Kingdom which delivers, commissions or reviews a public service and includes (but is not limited to) the Ombudsman, local authorities, councils, unitary authorities, clinical commissioning groups, health and social care trusts, the National Health Service as well as their arm’s length bodies and regulators.
A ‘social or health care professional ‘we mean any person who provides direct services, acts as consultant or is involved in the commission of your healthcare or social care services, including (but not limited to) your general practitioner (GP), dental staff, pharmacists, nurses and health visitors, clinical psychologists, dieticians, physiotherapists, occupational therapists, hospital staff, social workers and other care and support related professionals.

The personal information we collect and use in relation to people who enquire about and use our services

Information collected by us
When you enquire about our care services via phone, email, post, face to face or social media, and during the course of providing services to you we collect the following personal information when you provide it to us:
• Your name, home address, date of birth and contact details (including your telephone number, email address) and emergency contacts (i.e. name, relationship and home and telephone numbers)
• Your allergies and any medical, physical or mental conditions and in particular your care needs
• Your likes, dislikes and lifestyle preferences (including your religious beliefs or other beliefs of a similar nature, racial or ethnic origin, politics, genetics, health, sex life, marital status and sexuality trade union membership or biometrics (so far as they relate to providing you with suitable care)
• Payment information.
• Your feedback and contributions to questionnaires and surveys about the service we offer
• Your complaints, compliments or concerns about the service we provide
When using our website, we collect standard internet log information including:
• IP address
• Details of the pages you visit
• General details about the type of computer or device that you are using
This is statistical information which is collected in order to find out the numbers of visitors to our site and the pages they have visited. This information is collected in such a way that it is not used to identify individuals.
Please be aware that our website may provide you with links to other websites. If you follow a link to any other website, please note they have their own privacy policies. We do not accept any responsibility or liability for the privacy and security practices of any third-party websites and your use is at your own risk.

Information collected from other sources

We work closely with third parties such as social and healthcare professionals and public bodies. We therefore also obtain personal information about you from other sources such as:
• Your allergies and any medical, physical or mental conditions, test results and in particular your care and support needs, from any appropriate external social or health care professionals (including your GP)
• Your name, home address, date of birth, contact details, needs assessments and financial assessments from any appropriate external social or health care professionals (including any relevant public body regardless of whether you are publicly funded)
• Your likes, dislikes and lifestyle preferences (including your religious beliefs or other beliefs of a similar nature, racial or ethnic origin, politics, genetics, health, sex life, marital status and sexuality trade union membership or biometrics (so far as they relate to providing you with suitable care)) from your family, friends and any other person you have nominated as your representative
• Your legal representative (for example Lasting Power of Attorney), if applicable

How we use your personal information

We use your personal information to:
• Prepare, review and update assessments, describing the nature and level of care and support services
• To communicate with you, your representatives and any appropriate external social or health care professionals about your individual needs.
• Invoice you for services in accordance with our terms and conditions
• Carry out quality assurance procedures, review our service and improve our customer experience (please note that feedback can also be provided anonymously)
• Send information about our services which we believe you may be interested in. You may unsubscribe from this at any time
• Notify you about changes to our services which are relevant to you
• Monitor how effective our services are and to make sure that the services we provide meet your needs
• Improve your experience of our website and to ensure that the content is presented in the most effective way

Who we share your personal information with

We may share your medical information with appropriate external social or health care professionals (including your GP and pharmacist) and any individuals you have nominated as your representative as and when required. This data sharing enables us to establish the type of care and support you need.
We will share personal information with law enforcement or other authorities if legally required to do so. This includes information required by public bodies to evidence our compliance with the applicable regulatory framework. We are also required to share personal information with external social or health care professionals, including public bodies and local safeguarding groups (in some circumstances) to ensure your safety.

We will not share, sell or trade your personal information with any other third party without your consent.

To deliver our service to you we rely on third parties to provide specialist support to us. To provide this support they will have access to, or a duty of care over your personal information. These providers are:
• IT and Telecoms Support companies – to ensure the safe, secure and resilient operation of our IT infrastructure including computers, servers, phones and mobile devices
• Software support companies – to provide specialist support and resolve issues with the software that we run, for example the systems we use to store and manage your customer records
• Marketing systems providers – to organise marketing communications and for the delivery and analysis of email communications

Whether information has to be provided by you, and if so why

The provision of your medical, physical or mental condition is necessary to enable us to assess needs and provide services. Without this information, we will not be able to assess your needs or provide any services to you.
The provision of your name, home address is required so that we can arrange assessments and to attend your home to carry out assessments, deliver services and to allow invoicing.

How long your personal information will be kept

• Clear Guide retain information whilst work is in progress with an individual.
• Due to the nature of the work interaction with an individual can continue over many years.
• Data is deleted when an individual requests it, an individual’s legal representative requests it.
• In all other cases data is held for 15 years, this length of time is determined based on the ability to respond to queries from interested parties and regulatory bodies, comply with legal or regulatory record keeping requirements, defend actual or possible legal claims, comply with any other legal or contractual obligations.

Reasons we can collect and use your personal information

We rely on the following grounds within the GDPR:
Consent:
The individual (or Legal Representative) has given Clear Guide clear consent to process their personal data for a specific purpose.
Legal Obligations:
The processing is necessary for Clear Guide to comply with the law (not including contractual obligations), such as, Court of Protection, Mental Capacity Act 2005.
GDPR recognises that additional care is required when processing special category (sensitive) data such as your health. We process this under the following grounds within GDPR;
• Article 9(2)(h) – processing is necessary for the provision of social care or the management of social care systems and services

Your rights

Under the GDPR you have important rights free of charge. In summary, these include rights to:
• Fair processing of information and transparency over how we use your use personal information
• Access to your personal information and to certain other supplementary information that this Privacy Policy is already designed to address
• Require us to correct any mistakes in your information which we hold
• Require the erasure (i.e. deletion) of personal information concerning you, in certain situations. Please note that if you ask us to delete any of your personal information which we believe is necessary for us to comply with our contractual or legal obligations, we may no longer be able to provide services to you
• Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
• Object at any time to processing of personal information concerning you for direct marketing
• Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
• Object in certain other situations to our continued processing of your personal information
• Otherwise restrict our processing of your personal information in certain circumstances
• Claim compensation for damages caused by our breach of any data protection laws
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.

How to contact us

You can contact us by:
• Email – info@clearguide.co.uk
• Post – Clear Guide Limited, 20 Alder Grove, Droitwich Spa, Worcestershire, WR9 7QB.
• Telephone – 01905 676565
If you would like to exercise any of these rights, please:
• Contact us using the details above – making clear that you wish to exercise one of your privacy rights
• Provide enough information to identify you (e.g. your name and address)
• Provide proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
• Let us know the information to which your request relates, including any account or reference numbers, if you have them

Keeping your personal information secure

• The confidentiality and security of your information is of paramount importance to us. We have appropriate organisational and technical security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
• We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
• If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

How to complain

• We hope that we can resolve any query or concern you raise about our use of your information.
• The GDPR also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.
• Data Protection Officer
Rebecca Best
Clear Guide Limited, 20 Alder Grove, Droitwich Spa, Worcestershire, WR9 7QB.
Changes to this privacy policy
• This privacy policy was first published on 24th May 2018.
• We may change this privacy policy from time to time, when changes are significant