At TMC, we are committed to protecting and respecting your privacy, so this policy explains when and why we collect personal information, how we use it, when and why we might share it and how we keep it secure. It also details your rights in relation to your personal information. We will regularly review this policy and post any updates to our website. Please check periodically in order to keep up to date with any changes.
Who are we?
The Movement Centre is a registered charity in England and Wales (charity number 1075549), and a registered company in England and Wales (company number 03713213).
Getting in touch
Should you have any questions about this policy or your rights regarding your personal information, or if you would like to update your contact preferences, please use the following contact details:-
The Movement Centre
Robert Jones and Agnes Hunt Hospital
Oswestry SY10 7AG
Tel: 01691 404248
How do we collect personal information?
We obtain personal information from you when you enquire about our activities, register with us, send or receive an email, make a donation to us, ask a question about our services or otherwise provide us with your personal information.
We may collect your information in writing, via email, over the phone, or in person. Examples include when contact is first made with TMC and your child’s details and diagnosis are taken; when you attend for your initial appointment, where a full medical history and further details are taken, along with the use of standardised assessments and outcome measures throughout a course of therapy. Information provided may be in digital form, verbally or in writing, and be received directly from you or from a third party where appropriate, such as your GP or a hospital consultant.
What personal information do we process?
Personal information is anything which enables us to identify you in some way, such as your name, address, email address, date of birth, phone numbers and emergency contact details. Where we are providing Targeted Training therapy we will also require ‘special category’ or sensitive personal information such as medical and health information including details of diagnosis, medical history, medication, dietary needs and specific care preferences.
Why do we collect personal information?
In order to provide therapy to your child, we need you to share some personal information with us. We only collect the minimum amount of information required and it may be used in a number of ways, including:-
- Replying to an enquiry you have made to TMC via phone, text, email or post;
- Providing safe and appropriate care and support to you and your family;
- Assisting you in securing support from agencies, authorities and other charities;
- Sharing with other health and social care providers to ensure continuity of care;
- Sending you information about the charity and our activities;
- Meeting any legal or regulatory requirements that we are obliged to fulfil.
TMC will only process your personal data where we have a legal basis for doing so as stipulated by current data protection and privacy legislation, namely:-
- Where we have your explicit consent (see below)
- In order to comply with a legal obligation
- When performing official functions or tasks in the public interest
- If it is in your or somebody else’s vital interests
- To fulfil contractual requirements
- When to do so is in our legitimate interests (see below)
Consent means offering you a real opportunity to state whether or not you wish to allow the processing of your personal information. When processing your information on the basis of consent, we will ensure you are fully aware of what you are consenting to and only use your information for that purpose. You can withdraw your consent at any time using the contact details above. We have determined that processing your personal information on the basis of consent is lawful and legitimate when:-
- Accessing your or your child’s medical information to ensure continuity of care;
- Taking and using photographs of you or your child to promote the work of the charity.
TMC may undertake data processing in pursuit of our legitimate interests, where to do so will not infringe your rights or interests as the data subject. To ensure this is correctly assessed, we undertake a balancing exercise to ensure that our processing does not adversely impact you. In the case of the following data processing activities, we have determined that the processing of your information for these purposes is lawful and legitimate:-
- Processing your referral to ensure adequate information regarding care needs;
- Updating information on you and your family;
- The management of service user details on internal databases;
- The maintenance of paper and/or digital records of care;
- Sharing information with other medical professionals to ensure appropriate care;
- Taking photographs and video to support care provision or as a record of your child’s activities;
- Research activities, including education and audit.
NB – all data will remain anonymised unless otherwise formally agreed.
You have the right to object to the processing of your personal information on the grounds of legitimate interests as detailed below in ‘Right to object’.
Photographs and Video
Photographs may be taken of you or your family members during your interaction with TMC for a number of reasons. These are shown in the below table, along with the lawful basis on which we will take and use these photographs and your rights regarding this usage:-
|Types of Photographs/Video||Lawful Basis||Your Rights|
|Photographs and video taken in a therapy setting to increase staff understanding and knowledge of a child’s needs.
|Objecting to the use of photographs and video for this purpose could limit our ability to provide appropriate care and so potentially lead to a withdrawal of the therapy.
|Photographs and video taken of service users undertaking Targeted Training activities.||Legitimate interests
|Photographs and Video of this type are only taken for the enjoyment and information of service users and their families so could be stopped if required.
|Photographs and video taken of service users to promote the work of TMC in local media or through online channels.
|Photographs and video will only be used for this purpose with your explicit consent, which you can withdraw at any time.
|Photographs and video used in situations where our actions are determined by a legal requirement or the safety of an individual.
|Vital interests and/or legal requirement
|Objections would not prevent us from using photographs in these circumstances.
Who do we share personal information with?
TMC will not share your information with third parties for marketing purposes and will not sell or rent your information to third parties.
We may share your personal information (including special category data such as health information) with third parties involved in your or your child’s care where appropriate and where there is a lawful basis for doing so. These third parties may include GPs, consultants and other health care staff such as physiotherapists. Occasionally we share personal details with health commissioners for the purpose of service planning and funding and with regulators and researchers.
We will disclose personal information if required to do so by law or if we have concerns regarding the safety of any individual.
TMC may share your personal information with third parties outside of the European Economic Area if any of the exemptions detailed in the General Data Protection Regulation are met. In the case of data processors in the USA, only those certified under the U.S. Privacy Shield framework regarding processing of personal data will be utilised.
How do we protect personal information?
We take appropriate physical, electronic and managerial measures to ensure that we keep your information secure, accurate and up to date, and that we only keep it as long as is reasonable and necessary.
How long do we keep personal information?
We review our retention periods for personal information on a regular basis. We are legally required to hold some types of information to fulfil our statutory obligations. We will hold your personal information on our systems for as long as is necessary or required for the original purpose. Further information can be found in TMC’s Patient Records Policy.
What are your rights regarding your personal information?
Under the Data Protection Act 1998 and the General Data Protection Regulation, which came into force on May 25th 2018 you have the following rights:
- The right to access your personal information. You may obtain a copy of the personal information we hold about you by submitting your request to the contact details above. We will reply within one month of receipt of your request unless there is a compelling reason to extend this response time. We may refuse a request in certain circumstances, in which our justification will be communicated to you.
- The right to rectification. You have the right to have any inaccurate personal information that we may hold for you rectified (corrected) and to request that any incomplete information be completed
- Right to erasure. You can request that the information we hold about you be deleted if we no longer need it for the purpose for which we collected it, if our processing is based on consent and you withdraw that consent, if our processing is based on legitimate interests and you successfully object, if your information has been processed unlawfully, or if we have a legal obligation to do so. We may refuse a request for erasure if any of the specific provisions of the current data protection legislation apply.
- Right to restrict processing. You can make a request for information we hold about you to be suppressed if you have objected to our processing or contested the accuracy of the information we hold and we are investigating, if your information has been unlawfully processed but you want to restrict rather than erase it, or you want us to keep your information after we need it in support of a legal dispute.
- Right to data portability. You have the right to receive the information you have provided to us in a structured, commonly used and machine readable format and to have transferred directly to another controller. This only applies to information stored electronically, provided directly by you and which we process based on your consent.
- Right to object. You have the right to object to the processing of your personal data in certain circumstances. We may continue if there is a compelling reason for doing so.
- Rights related to automated decisions and profiling. TMC does not conduct any automated decision making or automated processing/profiling
What should you do if you have a complaint?
If you have a complaint concerning TMC’s processing of your personal data, you can contact us using the information above. Data Protection legislation also gives you the right to lodge a complaint with a supervisory authority. More information can be found on the Information Commissioner’s Office website at www.ico.org.uk.
For complaints relating to any other aspects of our work please see our Complaints Policy.