1. Introduction
This is Persona Care and Support Ltd’s Privacy Notice.
As part of the services we offer, we are required to process personal data about our staff, the people we support and, in some instances, the friends or relatives of the people we support and staff. “Processing” can mean collecting, recording, organising, storing, sharing or destroying data.
We are committed to being transparent about why we need your personal data and what we do with it. This information is set out in this privacy notice. It also explains your rights when it comes to your data.
If you have any concerns or questions please contact us: info@personasupport.org.
2. People we Support
What data do we have?
So that we can provide a safe and professional service, we need to keep certain records about you. We may process the following types of data:
• Your basic details and contact information e.g. your name, address, date of birth and next of kin;
• Your financial details e.g. details of how you pay us for your care or your funding arrangements.
We also record the following data which is classified as “special category”:
• Health and social care data about you, which might include both your physical and mental health data.
• We may also record data about your race, ethnic origin, sexual orientation or religion.
Why do we have this data?
We need this data so that we can provide high-quality care and support. By law, we need to have a lawful basis for processing your personal data.
We process your data because:
• We have a legal obligation to do so – generally under the Health and Social Care Act 2012 or Mental Capacity Act 2005.
We process your special category data because:
• It is necessary due to social security and social protection law (generally this would be in safeguarding instances);
• It is necessary for us to provide and manage social care services;
• We are required to provide data to our regulator, the Care Quality Commission (CQC), as part of our public interest obligations.
We may also process your data with your consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent at any time.
Common law duty of confidentiality
In our use of health and care information, we satisfy the common law duty of confidentiality because:
• You have provided us with your consent (either implicitly to provide you with care, or explicitly for other uses)
• We have a legal requirement to collect, share and use the data
• The public interest to collect, share and use the data overrides the public interest served by protecting the duty of confidentiality (for example sharing information with the police to support the detection or prevention of serious crime).
Where do we process your data?
So that we can provide you with high quality care and support we need specific data. This is collected from or shared with:
1. You or your legal representative(s);
2. Third parties.
We do this face to face, via phone, via email, via our website, via post, via application forms, via apps.
Third parties are organisations we might lawfully share your data with. These include:
• Other parts of the health and care system such as local hospitals, the GP, the pharmacy, social workers, clinical commissioning groups, and other health and care professionals;
• The Local Authority;
• Your family or friends – with your permission;
• Organisations we have a legal obligation to share information with i.e. for safeguarding, the CQC;
• The police or other law enforcement agencies if we have to by law or court order.
3. National Data Opt Out
We review our data processing on an annual basis to assess if the national data opt-out applies. This is recorded in our Record of Processing Activities. All new processing is assessed to see if the national data opt-out applies. If any data processing falls within scope of the National Data Opt-Out we use MESH to check if any of our service users have opted out of their data being used for this purpose.
At this time, we do not share any data for planning or research purposes for which the national data opt-out would apply. We review all of the confidential information we process about people we support on an annual basis to see if this is used for research and planning purposes. If it is, then individuals can decide to stop their information being shared for this purpose. You can find out more information at https://www.nhs.uk/your-nhs-data-matters/.
4. Staff
What staff data do we have?
So that we can provide a safe and professional service, we need to keep certain records about you. We may record the following types of data:
• Your basic details and contact information e.g. your name, address, date of birth, National Insurance number and next of kin;
• Your financial details e.g. details so that we can pay you, insurance, pension and tax details;
• Your training records.
We also record the following data which is classified as “special category”:
• Health and social care data about you, which might include both your physical and mental health data – we will only collect this if it is necessary for us to know as your employer, e.g. fit notes or in order for you to claim statutory maternity/paternity pay;
• We may also, with your permission, record data about your race, ethnic origin, sexual orientation or religion.
As part of your application you may – depending on your job role – be required to undergo a Disclosure and Barring Service (DBS) check (Criminal Record Check). We do not keep this data once we’ve seen it.
Why do we have this data?
We require this data so that we can contact you, pay you and make sure you receive the training and support you need to perform your job. By law, we need to have a lawful basis for processing your personal data.
We process your data because:
• We have a legal obligation under UK employment law;
• We are required to do so in our performance of a public task;
• We have a legitimate interest in processing your data – for example, we provide data about your training to Skills for Care’s Adult Workforce Data Set, this allows Skills for Care to produce reports about workforce planning.
• We are required to provide data to our regulator, the Care Quality Commission (CQC), as part of our public interest obligations.
We process your special category data because:
• It is necessary for us to process requests for sick pay or maternity pay.
If we request your criminal records data it is because we have a legal obligation to do this due to the type of work you do. This is set out in the Data Protection Act 2018 and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. We do not keep a record of your criminal records information (if any). We do record that we have checked this.
We may also process your data with your consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent.
Where do we process your data?
As your employer we need specific data. This is collected from or shared with:
1. You or your legal representative(s);
2. Third parties.
We do this face to face, via phone, via email, via our website, via post, via application forms, via apps.
Third parties are organisations we have a legal reason to share your data with. These include:
• Her Majesty’s Revenue and Customs (HMRC);
• Our pension and healthcare schemes provide details of external companies providing this resource;
• Our external payroll provider;
• Organisations we have a legal obligation to share information with i.e. for safeguarding, the CQC;
• The police or other law enforcement agencies if we have to by law or court order.
• The DBS Service via the umbrella organisation we use to process these, Bury Council
5. Friends/Relatives
What data do we have?
As part of our work providing high-quality care and support, it might be necessary that we hold the following information on you:
• Your basic details and contact information e.g. your name and address.
Why do we have this data?
By law, we need to have a lawful basis for processing your personal data.
We process your data because we have a legitimate business interest in holding next of kin and lasting power of attorney information about the individuals who use our service and keeping emergency contact details for our staff.
We may also process your data with your consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent.
Where do we process your data?
So that we can provide high quality care and support we need specific data. This is collected from or shared with:
1. You or your legal representative(s);
2. Third parties.
We do this face to face, via phone, via email, via our website, via post, via application forms, via apps.
Third parties are organisations we have a legal reason to share your data with. These may include:
• Other parts of the health and care system such as local hospitals, the GP, the pharmacy, social workers, and other health and care professionals;
• The Local Authority;
• The police or other law enforcement agencies if we have to by law or court order.
6. How do we store your personal information?
Your information is securely stored for the time periods specified in the Record Keeping and Document Retention Policy. Your information may be stored as hard copy or digitally in our ICT systems. Your data will be stored securely with appropriate access controls as specified in our IT Security and Data Security Policies. We will then dispose of the information. For example we will:
• securely dispose of your information for example by shredding or putting in confidential waste bins any paper records, or wiping hard drives to legal standards of destruction.
• archive your information at our external secure facility (Restore Records Management)
• take another action such as deleting information from our ICT systems.
Our Website
In order to provide you with the best experience while using our website, we process some data about you.
Persona is committed to ensuring that your privacy is protected and any information you provide when using our website will only be used in ways outlined in this privacy policy.
What we collect
We collect the following information from visitors to our website via the ways identified below:
- Contact us page – your name, your email address, your telephone number, the nature of your enquiry and whether you want to be added to our mailing list to keep up to date and receive information about Persona, our job vacancies or REACH Retreat Holiday Lodge
- Register your interest in an event form – your name, your email address, your telephone number, the nature of your enquiry and whether you want to be added to our mailing list to keep up to date and receive information about Persona
- Register your interest to work for us page - your name, your email address, your telephone number, the nature of your enquiry and whether you want to be added to our mailing list to keep up to date and receive information about Persona, our job vacancies or REACH Retreat Holiday Lodge
- Find out more about one of our services form – your name, your email address, your telephone number, what you would like to know about the service
- Refer yourself or someone else to one of our services form – the name, email address and telephone number of yourself and the person you are referring (if relevant), details collected for the person being referred differ between services but include* personal details such as: address, date of birth, transport requirements, hours or days and level of need and support including medication support and equipment, type of support required, existing physical or mental health conditions and diagnoses, ability to consent to falls monitoring, option to attach other information or documents such as support and discharge plans
*this list is not exhaustive
What we do with the information we gather
The information obtained from you submitting your information via our contact forms and pages above will be carefully assessed, forwarded onto the most relevant person or team in our organisation and the appropriate action taken. The safety and security of your data is important to us and it will be kept secure.
If you have supplied us with your email address or contact details as you wish to keep up to date and receive information about Persona, REACH Retreat, job vacancies, your interest in joining an event or for information about or referral to any of our other services, we will use your information only for the purpose you have specified .
Security
We use a third party to help us maintain the security and performance of our website. We are committed to ensuring that your information is secure and in order to prevent unauthorised access or disclosure, they have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect via our website.
Google Analytics
In order to track visitors to our website and identify which pages they are interested in we use a third party called google analytics to collect this type of information. The information obtained does not identify anyone.
Persona website: terms of use
Our website terms of use and cookie policy pages provide further information on using this website, your use of our website constitutes your acceptance to our terms and conditions of use, privacy and cookies policies. Persona regularly reviews its policies to ensure they continue to meet current legislative requirements and the needs of our business.
Controlling your personal information
Persona will not disclose your personal data without consent.
If you supply or have previously supplied us with your email address to be added to our mailing list to be kept up to date and receive information about Persona, or to register your interest in an event or job vacancies, we will email you periodically with the information you have requested.
We use a third party system to maintain our mailing list and we gather statistics around email opening and click using industry standard technologies.
We will hold your information for up to 12 months. Within this time we will email you to ask you if you wish to continue to receive information from us. If you wish to no longer receive information from us or you change your mind, please email us at info@personasupport.org and we will remove your details immediately upon receipt.
If you believe that any information we are holding on you is incorrect or incomplete, please email info@personasupport.org as soon as possible. We will promptly correct any information found to be incorrect.
Your rights
The data that we keep about you is your data and we ensure that we keep it confidential and that it is used appropriately. You have the following rights when it comes to your data:
1. You have the right to request a copy of all/any of the data we keep about you. Generally, we will not charge for this service. To do this you should contact us to make a subject access request by emailing info@personasupport.org or writing to us at Persona Care and Support Ltd, Grundy Centre, Wellington Rd, Bury, BL9 9AH;
2. You have the right to ask us to correct any data we have which you believe to be inaccurate or incomplete. You can also request that we restrict all processing of your data while we consider your rectification request;
3. You have the right to ask that we erase any of your personal data which is no longer necessary for the purpose we originally collected it for. We retain our data in line with our Record Keeping and Document Retention Policy.
4. You may also request that we restrict processing if we no longer require your personal data for the purpose we originally collected it for, but you do not wish for it to be erased.
5. You can ask for your data to be erased if we have asked for your consent to process your data. You can withdraw consent at any time – please contact us to do so.
6. If we are processing your data as part of our legitimate interests as an organisation or in order to complete a task in the public interest, you have the right to object to that processing. We will restrict all processing of this data while we look into your objection.
You may need to provide adequate information for our staff to be able to identify you, for example, a passport or driver’s licence. This is to make sure that data is not shared with the wrong person inappropriately. We will always respond to your request as soon as possible and at the latest within one month.
If you would like to complain about how we have dealt with your request, please contact:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
website: https://ico.org.uk/global/contact-us/
Easy Read
Click here for our Easy Read guide: privacy notice for people we support.
Click here for our Easy Read form: how to make a subject access request.
A subject access request is your right to ask about your information. The Easy Read guide on this page explains more about this.
