Privacy Policy
1. INTRODUCTION AND TERMS
Welcome to the Primum Digital Ltd's privacy policy. This privacy policy is applies to Professionals and Patients; as well as Authorised Users of Primum Services across all devices. Principles There are seven key principles under Data Protection Laws which we have incorporated into our practices around data collection, use and storage. These are:
Lawfulness, fairness and transparency
Primum will only use your personal data where it has a lawful basis to do so, in a manner which is and as described within this policy or as otherwise permitted by Data Protection Legislation.
Purpose limitation
Primum will not use your personal data for purposes that are incompatible with the original purpose for data collection unless processing is in the public interest, for scientific or historical research purposes or statistical purposes.
Data minimisation
Primum will only collect personal data that is adequate, relevant and limited to the minimum levels necessary to meet the purposes for which they are processed.
Accuracy
Primum will take all reasonable steps to ensure the personal data we hold about you is not incorrect or misleading as to any matter of fact.
Storage limitation
Primum will only keep your data in accordance with its Retention Policy.
Integrity and confidentiality (security)
Primum will maintain appropriate security measures to protect your personal data as detailed in our IT and Security Policy.
Accountability
Primum takes its responsibilities and duties under Data Protection Law very seriously. We will maintain an appropriate privacy management program, demonstrate our compliance through appropriate record keeping and manage data subject rights and breach reporting in accordance with the law at all times.
Purpose of this privacy policy
This privacy policy aims to give you information on how Primum Digital Ltd collects and processes personal data across its Services.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
We may process data relating to children during our Service provision in our role as Processor. We will not process personal data belonging to children as Controller. If you become aware of a child using our services, please inform us immediately using the contact details at 2 below.
Patient Information
If you are a Patient (or a Professional who appear in Patient records), we act as a contracted processor of your Personal Data, Special Category Data and, in rare cases, Criminal Conviction Data to NHS providers (such as our client, NHS England and NHS Digital). These providers are controllers of your data and have granted us access to the same (under an API connection agreement) so that we may perform our Services. The types of data they share with us are further described under paragraph 4 of this policy.
For this personal data:
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our role is a “processor” means that we solely act under the instructions of your healthcare provider when processing your Personal Data, Special Categories of Personal Data and Criminal Conviction Data;
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we obtain your Personal Data, Special Categories of Personal Data and Criminal Conviction Data through your healthcare provider’s direct interactions with you or via our approved connection to NHS systems;
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we are bound by a contract for processing with your healthcare provider which implements minimum processing requirements and safety measures. Some of these measures are set out under paragraph 9 of this policy.
We advise that you read this policy in full to understand how we use your data. If you have any questions regarding how your personal data is processed, we direct you to your healthcare provider in the first instance.
NHS Data Opt-Out
The national data opt-out allows a patient to choose if they do not want their confidential patient information to be used for purposes beyond their individual care and treatment - for research and planning. Any data-opt out registered by you will be respected by Primum (subject to us being made aware of the same by your healthcare provider, NHS England or NHS Digital)
Role
Unless you are a Patient or Professional, Primum Digital Ltd (collectively referred to as “Primum”, "we", "us" or "our" in this privacy policy) is the controller of personal data used to create and manage the contract between us and our clients and shall be responsible for personal data held for this purpose.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
2. WHO WE ARE AND HOW TO CONTACT US
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our Data Protection Officer in the following ways:
Data Protection Officer: Nathan Moore
Full name of legal entity: Primum Digital Ltd
Email address: dpo@primumdigital.com
Telephone: 07960 051 761
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
3. CHANGES
We keep our privacy policy under regular review and you should check back regularly to ensure you are aware of changes to it. We may display this notice to you from time to time to help ensure you are aware of its contents.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
4. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
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Identity Data includes your first name, last name, username or similar identifier, title, date of birth, and gender.
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Professional Data includes your job role, job title, qualifications and decisions made as a professional cited within Patient records or as an Authorised User of the Service.
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Patient Data includes clinical data, medical records and analytics including such as medical history, clinical decisions and results, prognoses, treatments and examinations, medications, family history, race/ethnicity grouping, consent information, scans and imagery, general health and wellbeing information.
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Contact Data includes email address and telephone numbers.
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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.
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Profile Data includes your username and password, pathways used by you, your preferences, feedback and survey responses.
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Usage Data includes information about how you use our website, products and services.
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Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data in respect of our users, such as statistical data, for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific pathway. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
For Patients, we will collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, information about your health, and genetic and biometric data). We may also collect incidental information on criminal convictions and offences (to the extent that such information is held in your patient record) (Criminal Conviction Data).
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 goods
or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
5. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
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Direct interactions. You may give us your Identity or Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
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create an account across our Services as an Authorised User;
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give us feedback or contact us.
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Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about or from your equipment, browsing actions and patterns. We collect this personal data by using server logs and other similar technologies. We do not use cookies.
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Direct interactions with your healthcare provider. Patient Data may be provided by you to us through your direct interaction with your healthcare provider.
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Direct interactions as a healthcare professional. Professional Data may be provided by you to us through your position as a healthcare professional.
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Third parties or publicly available sources. We will receive Personal Data and, where applicable, Special Categories of Personal Data and Criminal Conviction Data, about you from various third parties and public sources as set out below:
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Technical and Usage Data from analytics providers such as Google based outside the EU;
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Patient Data and Professional Data from NHS England systems (as a contracted supplier) including but not limited to:
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Care Identity Service 2 OAuth 2.0 API
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Patient Demographics Service FHIR API
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e-Referral Service FHIR API
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NHS Login API
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6. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
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Where we need to perform the contract we are about to enter into or have entered into with you.
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Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
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Where we need to comply with a legal obligation.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways 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.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. 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 at Annex A.
We only process your data (which may include providing it to a third party) where we have identified a valid lawful basis to do so. These are as follows:
Contractual Obligation – Where processing is necessary to comply with our obligations arising out of a contract, for example, where you have entered into a license agreement with us we will use the personal data you provide to fulfil our contractual obligations e.g. providing access to our services.
Legitimate Interest - Where we use legitimate interests we will record our decision on making this decision. We rely on legitimate interest where processing of the data we hold on you does not, in our opinion, affect your rights or freedoms and is proportionate to our interests e.g. obtaining your feedback on our service.
Consent – We will seek to obtain your consent to process your data outside our contractual obligations (see above) unless we have identified a Legitimate Interest (see above). Where we use consent, you will always have the right to withdraw your consent to that activity.
We may also use your personal data for:
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purposes that are compatible with the original purpose for data collection; or
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incompatible purposes where processing is required is in the public interest, for scientific or historical research purposes or statistical purposes.
7. THIRD PARTIES AND SHARING INFORMATION
We will keep your information within the organisation except where disclosure is required or permitted by law or when we use third party service providers (data processors) to supply and support our services to you. We have contracts in place with our data processors. This means that they cannot do anything with your personal data unless we have instructed them to do so. They will not share your personal data with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
Personal Data is stored and processed within the UK by a third party (Google Cloud). This datacentre, and any transfer of data from our App to the data centre, complies with recognised standards as follows:
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Implementation of TLS v1.2 or above
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Use of either IPsec or TLS VPN gateway
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penetration testing every 6-months by internal testers, and annually by external testers.
In addition to our cloud storage providers, please see below the list which sets out the categories of recipients of personal data.
SERVICE PROVIDERS WHO MAY RECEIVE YOUR PERSONAL DATA
IT Support Services
Email Provider
Secure document disposal service
Banks
Online payment providers
Office cleaning services
Accountants
Solicitors
Feedback aggregators and collectors
In addition third parties may provide us with personal data and they should only do so where the law allows them to.
Marketing
We do not undertake direct marketing.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you or your employer. This is how we decide which products, services and offers may be relevant for you or your employer (we call this marketing).
Users will not receive marketing communications from us.
Third-party marketing
We will not share your personal data with any third party for marketing purposes.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the details set out at the start of this policy.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
8. INTERNATIONAL TRANSFERS
We do not transfer your personal data outside the European Economic Area (EEA).
9. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. This includes compliance with the following standards:
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EN ISO 62304:2006+A1:2015
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NHSx Digital Technology Assessment Criteria (DTAC)
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DCB 0129
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DCB 0160
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EN ISO/IEC 27001:2017- ISO27001 certified
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Cyber Essentials Plus- CE Plus certified
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NHS Digital Data Protection and Security Toolkit (‘Standards Met’)
In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
For more information on our data security measures, you may contact us to request a copy of our Information Security Policy.
10. DATA RETENTION
How long will you use my 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. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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 your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request by contacting us using the details at the start of this policy.
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.
11. APPLICATIONS TO WORK FOR US
If you apply to work for us (directly or indirectly) in any role we may receive data about you from third parties. In addition, we will keep the details of your application and any additional information provided to us by you or others during your application so that we can keep you informed of future opportunities that you may be interested in. If you do not wish for us to keep your details for this reason, please let us know by contacting us using the details provided in this policy.
12. YOUR LEGAL RIGHTS
Under the Data Protection Laws your rights are:
To be informed – We must make this privacy policy (sometimes referred to as a privacy notice) available with the emphasis on transparency over how we process your data.
Access – You are entitled to find out what details we may hold about you and why. We strive to be as open as we can be in terms of giving people access to their personal data. Individuals can find out if we hold any of their Personal Data by making a formal request to dpo@primumdigital.com, preferably with the subject line “Subject Access Request”. If we do not hold information about you we will confirm this in writing at the earliest opportunity. If we do hold your personal data we will respond in writing within one calendar month of your request (where that request was submitted in accordance with this policy).
The information we supply will:
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confirm that your data is being processed;
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verify the lawfulness and the purpose of the processing;
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confirm the categories of personal data being processed;
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confirm the type of recipient to whom the personal data have been or will be disclosed; and
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let you have a copy of the data in format we deem suitable or as reasonably required by you.
Rectification – We are obliged to correct or update your details. If you are aware that the personal data we hold is incorrect or requires updating, individuals can make a formal request for rectification to dpo@primumdigital.com, preferably with the subject line “Rectification Request”. We will correct or update your data without delay provided you make the request in writing to the contact details provided in this policy, clearly specifying which data is incorrect or out of date.
Erasure – This is also known as the request to be forgotten. Under Data Protection Laws you have the right to erasure under specific circumstances. A request for your personal data to be deleted will be decided on a case-by-case basis and should be submitted in writing to dpo@primumdigital.com, preferably with the subject line “Erasure Request”.
Restrict processing – You have the right to ‘block’ or suppress the processing by us of your personal data in certain circumstances. To request limits on how we process your personal data, individuals can make a formal restriction request to dpo@primumdigital.com, preferably with the subject line “Restriction Request”.
Portability – This right allows you to move, copy or transfer personal data easily from one service provider to another in a safe and secure way in a common data format, for example, Excel or CSV file. We will make reasonable efforts to transmit the personal data using a method you have request. Please submit your request for portability to dpo@primumdigital.com, preferably with the subject line “Portability Request”.
Object – You have the right to object to us processing your data in relation to direct marketing and or profiling. Individuals can raise a formal objection to processing to dpo@primumdigital.com, preferably with the subject line “Data Objection”.
Rights in relation to automated decision making and profiling – We do not use automatic decision making or profiling.
Please note that you may need to provide identification in order to prove who you are if you wish to invoke any of your rights as provided by the Data Protection Laws and as summarised above. If you exercise any of your rights under Data Protection Law, we will respond as quickly as possible. This must be no later than one calendar month, starting from when we receive the request or, where applicable, upon receipt of any information necessary to process the request.
If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone.
