Privacy Notice

1. Introduction

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 at info@divinehomecare.co.uk.

2. Service users

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;
• 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 the 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 you or your legal representative(s) and third parties. We do this face to face, via phone, via email, via our website, via post, via application forms and 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 patient information we process 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 www.nhs.uk/your-nhs-data-matters.

4. Staff

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 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;
• With your permission, 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 have seen it; we only record that we have checked 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 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.

Where do we process your data?

As your employer we need specific data. This is collected from or shared with you or your legal representative(s) and third parties. Third parties are organisations we have a legal reason to share your data with. These include:

• His Majesty's Revenue and Customs (HMRC);
• Our pension and healthcare scheme providers;
• 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.

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 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 in keeping emergency contact details for our staff.

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 you or your legal representative(s) and third parties, face to face, via phone, via email, via our website, via post, via application forms and via apps. Third parties 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, and the police or other law enforcement agencies if we have to by law or court order.

6. How we store your personal information

Your information is securely stored for the time periods specified in the Records Management Code of Practice, which also applies to adult social care. We will then dispose of the information as recommended by that Code. For example, we will:

• Securely dispose of your information by shredding paper records and wiping electronic records to recognised standards of destruction;
• Archive your information where we are required to retain it for longer; or
• Anonymise your information where appropriate.

Where we use third parties to store data on our behalf, we put appropriate agreements in place to keep your data secure.

7. Our website

In order to provide you with the best experience while using our website, we process some limited technical data about you, such as your IP address and browser type, to deliver and secure the site. Our website may use cookies and similar technologies. You can control or delete cookies through your browser settings. If you contact us through a form on this website, we use the details you provide only to respond to your enquiry.

8. 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 of the data we keep about you. Generally, we will not charge for this service;
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 the Information Governance Alliance's guidelines;
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.

9. Complaints

If you have any questions about this privacy notice or how we handle your data, please contact us at info@divinehomecare.co.uk.

If you would like to complain about how we have dealt with your request, please contact the Information Commissioner's Office:

Divine Home Care Ltd is registered with the CQC, number CRT1-2016879863.