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Data Protection Policy

Everyone has rights with regard to the way in which their personal data in handled. During the course of using our Rally Round software you (the Data users) will upload and we will collect, store and process personal data about you and those whom you are supporting by using our Rally Round software ("Beneficiaries/Beneficiary") and you recognise that the correct and lawful treatment of this data will maintain confidence in that software, our organisation and will provide for ongoing successful business operations.

As a Data User, you are obliged to comply with this policy when processing personal data on behalf of Beneficiaries. Any breach of this policy may result in you being removed as a Data user.

About this policy

The types of personal data that Health2works Limited (We) may be required to process includes information about Beneficiaries. The personal data, which is held on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 1998 (the Act) and other regulations.

This policy and any other documents referred to in it sets out the basis on which we will process any personal data you upload about the Beneficiaries, or that is provided to us by other sources.

This policy may be amended at any time.

This policy sets out rules on data protection and the legal conditions that must be satisfied when Data users use and we handle, process, transfer and store personal data.

Definition of data protection terms

Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.

Data subjects for the purpose of this policy include individual Beneficiaries about whom we hold personal data. A data subject need not be a UK national. All data subjects have legal rights in relation to their personal information.

Personal data means data relating to a Beneficiary who can be identified from that data (or from that data and other information in our or your possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions, any help they require and their behaviour.

Data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. We are the joint data controller of all personal data used in our business together with those persons who licence our Rally Round software.

Data users are both you and third parties in using personal data. Data users must protect the data they handle in accordance with this data protection policy and any applicable data security procedures at all times.

Data processors are any person or organisation that is not a Data user that processes personal data on our behalf and on our instructions.

Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.

Sensitive personal data includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.

Data protection principles

Anyone using and processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be:

  1. Used or processed fairly and lawfully.
  2. Used or processed for limited purposes and in an appropriate way.
  3. Adequate, relevant and not excessive for the purpose.
  4. Accurate.
  5. Not kept longer than necessary for the purpose.
  6. Used or processed in line with the data subjects' rights.
  7. Secure.
  8. Not transferred to people or organisations situated in countries without adequate protection (i.e. outside the EEA).

Fair and Lawful Processing

The Act is not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject.

For personal data to be processed lawfully, it must be processed on the basis of one of the legal grounds set out in the Act. These include, among other things, the data subject's consent to the processing, or that the processing is necessary to protect the vital interests of the data subject.

Processing for Limited Purposes

In the course of using the Rally Round software, you may only upload and use the personal data set out in the Schedule

We will only process personal data for the specific purposes set out in the Schedule or for any other purposes specifically permitted by the Act.

Notifying Data Subjects

When we receive personal data about a data subject from a Data user, we will provide the data subject with this information when requested by them, as soon as possible thereafter.

As and when we are required to do so, we will also inform data subjects whose personal data we process that we are the data controller with regard to that data.

Adequate, Relevant and Non-excessive processing

You will only upload and we will only collect personal data to the extent that it is required for the specific purpose of acting in the vital interest of the data subject.

Accurate Data

You must ensure that personal data we hold is accurate and kept up to date. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.

Timely Processing

We will not keep personal data longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.

Processing in line with data subject's rights

We will process all personal data in line with data subjects' rights, in particular their right to:

  1. Request access to any data held about them by a data controller (see also clause "Dealing with Subject Access Rights".
  2. Prevent the processing of their data for research or direct-marketing purposes.
  3. Ask to have inaccurate data amended (see also clause "Accurate Data").
  4. Prevent processing that is likely to cause damage or distress to themselves or anyone else.

Data Security

We will and Data users MUST take appropriate security measures against unlawful or unauthorised processing or use of personal data, and against the accidental loss of, or damage to, personal data.

We will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.

Data users will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:

  1. Confidentiality means that only people who are authorised to use the data can access it.
  2. Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
  3. Availability means that you should only access the data if you need it for authorised purposes. Personal data should therefore not be stored on a Data user’s individual PC.

Transferring Personal Data To A Country Outside the EEA

We will not transfer any personal data we hold to a country outside the European Economic Area ("EEA"), but if we have to do so we will ensure that one of the following conditions applies:

  1. The country to which the personal data is transferred ensures an adequate level of protection for the data subjects' rights and freedoms.
  2. The data subject has given his consent.
  3. The transfer is necessary for one of the reasons set out in the Act, including the protection of the vital interests of the data subject.
  4. The transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims.
  5. The transfer is authorised by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects' privacy, their fundamental rights and freedoms, and the exercise of their rights.

Disclosure and sharing of personal information

We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may also disclose personal data we hold to third parties:

  1. In the event that we sell any part of our business or assets, in which case we may disclose personal data we hold to the prospective buyer of such business or assets.
  2. If we are acquired by a third party, in which case personal data we hold will be one of the transferred assets.

If we are under a duty to disclose or share a data subject's personal data in order to comply with any legal obligation, or to protect our rights, property, or safety of our employees, Beneficiaries, or others.

We may also share personal data we hold with selected third parties for the purposes set out in the Schedule.

Dealing with Subject Access Requests

Data subjects must make a formal request for information we hold about them.

When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:

  1. We will check the caller's identity to make sure that information is only given to a Beneficiary.
  2. We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.

Changes to this policy

We reserve the right to change this policy at any time. Where appropriate, we will notify data subjects of those changes by mail or email.

Schedule

Type of dataType of processingPurpose of processingRetention period
NameStored, Backed Up, DisplayedPersonalisation of the sitePermanent
EmailStored, Backed Up, DisplayedPersonalisation of the sitePermanent
Phone numberStored, Backed Up, DisplayedPersonalisation of the sitePermanent
Profile pictureStored, Backed Up, DisplayedPersonalisation of the sitePermanent
PostcodeStored, Backed Up, DisplayedAccess to the sitePermanent

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Health2Works Limted
Brampton Business Centre
10 Queen Street, Newcastle-under-Lyme
Staffordshire, ST5 1ED
P: 01782 664391

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