Wholebody Health's Privacy Notice

We value your right to privacy

At Wholebody Health, we are committed to protecting your privacy. This privacy notice explains what information we collect, how we collect it and how that information is then used. This information is referred to as your 'personal data' and is managed in accordance with the Data Protection Jersey (2018) Law.

This privacy notice takes effect from 20th September 2021.

Who We Are

Wholebody Health is the data controller. Our address is Centenary House, La Grande Route de St Pierre, St Peter, JE3 7AY. This means we decide how your personal data is processed and for what purposes.

Whose information does this privacy notice apply to?

This privacy notice applies to information we collect from:

• patients;
• prospective patients;
• former patients;
• people who subscribe to our newsletters;
• visitors to our website.

What is personal data?

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. Examples of personal data we may hold about you include your contact and appointment details.

Special category data is a sub-category of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Examples of special category data we may hold about you include your patient notes.

How do we process your personal data?

We comply with our obligations under the Data Protection Jersey (2018) Law by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data. We use your personal data for the purposes set out below.

Sections 1 – 15 apply to our patients, prospective patients, former patients and visitors to our clinic

1. We use your name, address, telephone number and email address to make and rearrange appointments. We are able (and prefer) to send and receive encrypted emails however you should be aware that any emails we send or receive may not be protected in transit. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send us is within the bounds of the law.
2. We use your name, address, telephone number and email address, only if we have your explicit consent, to send you marketing materials.
3. Some patients and prospective patients tell us about their medical conditions and medication by email or online enquiry forms. Where possible, we strongly recommend only providing sensitive data via secure communication protocols (e.g. email via Protonmail or calls via Signal).
4. We keep a permanent attendance register which records all appointments for patients attending our clinic to keep a record of when you were treated for tax purposes and to secure potential evidence in the event of a criminal prosecution, civil litigation, insurance claim or complaint to my regulatory body, the British Acupuncture Council.
5. We may use your date of birth to help identify patients with the same name to avoid mistakes being made as to safe and appropriate treatment, for identification purposes if referring a patient to another health practitioner, and for identification purposes if writing to a registered medical practitioner so that they correctly identify the patient.
6. We use your presenting complaint and symptoms reported by you for the purposes of making a full traditional diagnosis, formulating treatment strategy and treatment planning.
7. We use any relevant medical and family history you have told us for making a full traditional diagnosis, formulating treatment strategy and treatment planning.
8. We use your GP’s name and address in the event that we need to contact your GP including in an emergency and because it is a mandatory requirement in the British Acupuncture Code of Professional Conduct.
9. We use our clinical findings about your health and wellbeing for making a full traditional diagnosis, and formulating treatment strategy and treatment planning.
10. We keep a record of and refer to that record of any treatment given and details of progress of your case, including reviews of treatment planning to enable us to: review the full traditional diagnosis, treatment strategy and planning.
11. We record and use any information and advice that we have given, especially when referring patients to any other health professional, to help you to receive the most appropriate treatment.
12. We record any decisions made in conjunction with you to help you to receive the most appropriate treatment.
13. We keep accident records for any patients, visitors or staff who are involved in accidents at our clinic in accordance with Health and Safety legislation.
14. In the event of an adverse incident occurring to any of our patients we report the matter to the British Acupuncture Council and our insurance company.
15. Where relevant we maintain records of the patient’s consent to treatment, or the consent of their next-of-kin in order to be able to prove that the patient (and/or parent/guardian/next of kin) has given informed consent to treatment.

Section 16 applies to those who complain about our services

16. When we receive a complaint from a person we make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint. We will only use the personal information we collect to process the complaint and to check on the level of service we provide. We usually have to disclose the complainant’s identity to whoever the complaint is about. If a complainant doesn't want information identifying him or her to be disclosed, we will try to respect that. However, it may not be possible to handle a complaint on an anonymous basis. We may need to provide personal information collected and processed in relation to complaints to the British Acupuncture Council or our insurance company. We will keep personal information contained in complaint files for the minimum amount of time required to deal with your complaint. It will be retained in a secure environment and access to it will be restricted according to the ‘need to know’ principle. Similarly, where enquiries are submitted to us we will only use the information supplied to us to deal with the enquiry and any subsequent issues and to check on the level of service we provide.

Sections 17 and 18 apply to subscribers to our newsletters

17. We maintain and use records of subscribers to our newsletters, only with their consent, for marketing purposes.
18. We use a third-party provider, (Mailchimp), to deliver our e-newsletters. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our e-newsletter. For information, please see Mailchimp privacy notice.

Sections 19 to 22 apply to our website users

19. When someone visits our website we collect standard internet log information, including IP address. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.
20. See our cookie policy for information related to cookies.
21. We use a third-party service, (provided by Netlify), to host our website.

Sharing your personal data

Your personal data will be treated as strictly confidential, and will only be shared:

• with named third parties with your explicit consent;
• with the relevant authority such as the police or a court, if necessary for compliance with a legal obligation to which we are subject e.g. a court order;
• with your doctor or the police if necessary to protect yours or another person’s life;
• with the police or a local authority for the purpose of safeguarding a children or vulnerable adults; or
• with my regulatory body, the British Acupuncture Council, or my insurance company in the event of a complaint or insurance claim being brought against me; or
• my solicitor in the event of any investigation or legal proceedings being brought against me.

How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary.

We keep patient records for a period of 7 years in accordance with the British Acupuncture Code of Professional Conduct

• At any time, you may request that changes are made to your contact details.
• Patients’ paper files are stored in a locked filing cabinet which only the Data Controller has access to, they are transported to the clinic for clinical appointments by the Data Controller. Any electronic information, such as emails/enquiries/text messages, are stored on encrypted devices with password protected operating systems by the Data Controller.
• Personal data is securely destroyed using appropriate methods based on best practice for the specific storage format. For paper records, documents will be securely destroyed by a professional data destruction firm. For electronic records, they will be permanently deleted from the primary storage medium and from backups.
• Section 13 of the BAcC Code of Professional Conduct provides that practitioners must make appropriate arrangements for the safe-keeping and transfer of patient notes in the event of death or serious injury. In such as event, all records held by Wholebody Health will be transferred to legal counsel.

Your rights and your personal data

Unless subject to an exemption under the Data Protection (Jersey) Law, you have certain rights with respect to your personal data as set out below.

• The right to request a copy of your personal data which we hold about you.
• The right to request that we correct any personal data if it is found to be inaccurate or out of date.
• The right to request your personal data is erased where it is no longer necessary for us to retain such data.
• The right to withdraw your consent to the processing at any time. This right does not apply where we are processing information using a lawful purpose other than consent.
• The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable).
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing.
• The right to object to the processing of personal data, (where applicable).
• The right to be informed if your data is lost. We shall also inform the Office of the Information Commissioner in accordance with the time limits in the GDPR.
• The right to lodge a complaint with the Office of the Information Commissioner.

Further processing

If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

Contact Details

To exercise all relevant rights, queries of complaints please in the first instance contact us at Wholebody Health, Centenary House, La Grande Route de St Pierre, St Peter, JE3 7AY (0330 229 2135).

You can contact the Office of the Information Commissioner on 01534 716530 or via email using the form located at https://jerseyoic.org/contact or at the Office of the Information Commissioner, 2nd Floor, 5 Castle Street, St. Helier, Jersey JE2 3BT.