Last updated: 14/06/21
You can download a pdf version of this policy here. Please also use the Glossary below for further information on the meaning of some of the terms used.
1. Important information and who we are
Duncan & Todd Limited is registered with the Information Commissioners Office as a Data Controller registration number Z8311243.
DPO: Amicis Data t/a Clinical DPO
E Mail Address: DuncanandToddDPO@Clinicaldpo.com
Telephone: 0203 411 2848
Full name of legal entity: Duncan & Todd (Group) Limited
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (via their website at www.ico.org.uk/concerns or by telephone on 0303 123 1113) if you have any concerns or are unhappy about how we have dealt with your or Personal Data. We would, however, appreciate the chance to deal with any concerns before you approach the ICO so please contact us in the first instance.
It is important that the Personal Data which we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
2. Data Protection Principles
In dealing with your Personal Data we adopt the six core principles of data protection law, which are:
Any Personal Data which we collect is stored within the SEE hub. We hold ISO 27001 (Information Security Management) Certification and as part of our own due diligence, our Data Protection Officer has reviewed our data security processes.
In the unlikely event that we lose any Personal Data, or a device upon which Personal Data is stored, or it is accessed by someone unauthorised to do so (a Personal Data Breach), we may have a duty to inform you immediately. If a Personal Data Breach has the potential to cause a serious risk to your rights and freedoms we will also report it to the Information Commissioners’ Office in accordance with our wider data protection obligations.
3. The Personal Data Which We Collect
For the purposes of data protection law and this policy, “Personal Data” means any information about an individual from which that person can be identified. It does not include data where identity information has been removed (anonymous data).
We may collect, use, store and transfer different kinds of Personal Data about you either through this website, via our booking system, by telephone or when you attend at any of our locations, which we have grouped together as follows:
· Identity Data includes [first name, maiden name, last name employee number].
· Contact Data includes [email address and telephone numbers].
· Transaction Data includes [details about vouchers assigned and any products and services you have received 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 [purchases or orders made by you, your interests, preferences, feedback and survey responses and general lifestyle information relating to you.
· 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 preferences].
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 our products or services). In this case, we may have to cancel any product or service you receive from us (or any appointment) but we will notify you if this is the case at the time.
4. How Is Personal Data Collected?
We use different methods to collect data from and about you, including through:
· Direct Interactions Relating To Our Products And Services. 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:
· enquire about our products or services;
· request marketing to be sent to you about our products or services;
· enter a competition, promotion or survey;
· provide us with a review of our products or services;
· raise a query, complain or provide other feedback about our products or services; or
· contact us for any other reason.
5. How We Use Personal Data
We will only use your Personal Data when the law allows us to do so. Most commonly, we will use Personal Data in the following circumstances:
· Where we need to perform the contract we are about to enter into or have entered into with you.
· Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests.
· Where we need to comply with a relevant legal obligation.
More information about the types of lawful basis that we will rely on to process your Personal Data is set out below. Generally, we do not rely on consent as a legal basis for processing your Personal Data although we will obtain your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes For Which We Will Use Personal Data
We have set out below, in a table format, a description of all the ways in which we plan to use your Personal Data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Please Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using it. 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 in the table below.
Type Of Data
Lawful Basis For Processing Including Basis Of Legitimate Interest
To register you as a new customer or patient and to communicate in relation to the provision of treatment through our products or services
(c) Special Category Data
(a)Performance of a contract with you
(b) provision of Health Care services
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(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:
(b) Asking you to leave a review or take a survey
(c) Making recommendations in relation to treatment
(d) Arranging appointments, check-ups, reminders and treatment
(e) Providing general eye and hearing health information
(f) Notifying you in relation to any changes to our services which may inconvenience you
(g) Responding to complaints and/or queries
(d) Marketing and Communications
(e) Special Category Data
(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)
(d) provision of Health Care services
To enable you to partake in a prize draw, competition, offer or to complete a survey to enable us to adapt our products and services to ensure that they are relevant to you
(f) Special Category Data
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
(c) provision of Health Care services
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(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)
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(g) Special Category Data
(a)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
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 products or services that may be of interest to you
(f) Marketing and Communications
(a)Necessary for our legitimate interests (to develop our products/services and grow our business)
6. International Transfers
We will transfer some personal data outside of the UK for the purposes of marketing activities and this transfer will include some countries which do not have the same legislative framework for the protection of individuals privacy rights. We will only make these transfers when we have put in place adequate safeguards for the protection of your privacy rights and if you have consented to receiving marketing information from us. The types of data that we will transfer are - contact data, profile data, usage data and identity data. ‘
7. Data Retention
How Long Will You Use Personal Data For?
We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, 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 Personal Data, the purposes for which we process Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your Personal Data: please see the section Your Legal Rights below for further information.
In some circumstances we will 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 or them.
8. Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation to your Personal Data.
You have the right to:
Request access to your Personal Data (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you or they provide to us.
Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data 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 Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with a relevant legal requirement. Note, however, that we may not always be able to comply with a request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your Personal Data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios:
· If you want us to establish the data's accuracy.
· Where our use of the data is unlawful but you do not want us to erase it.
· Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
· You have objected to our use of your Personal Data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time 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 on your own behalf. 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 at which consent is withdrawn.
If you wish to exercise any of the rights set out above on your own behalf, please contact our DPO using the details set out above.
No Fee Usually Required
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 could refuse to comply with your request in these 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 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.
Time Limit To Respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if a request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you or them (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 or them (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance Of Contract means processing your Personal Data where it is necessary for the performance Of A Contract To Which You Are A Party Or To Take Steps At Your Request Before Entering Into Such A Contract.
Comply With A Legal Obligation means processing your Personal Data where it is necessary for compliance with a legal obligation that we are subject to.
Provision of Health Care Services means processing of your Special Category data which we require in order to provide you with the relevant Health care services.
Internal Third Parties
Other companies in the Duncan & Todd Group Including; Caledonian Optical [acting as joint controllers or processors] and who are based within the United Kingdom.
External Third Parties
· Service providers [acting as processors] based in the UK who provide [IT and system administration services].
· Professional advisers [acting as processors or joint controllers] including lawyers, bankers, auditors and insurers based in [UK] who provide [consultancy, banking, legal, insurance and accounting services].
· HM Revenue & Customs, regulators and other authorities [acting as processors or joint controllers] based [in the United Kingdom] [who require reporting of processing activities in certain circumstances].
· External marketing platforms including Lead Forensics, Hubspot, Facebook analytics, google analytics, Linkedin analytics.
Last updated: 14 June 2021