Guinness Care Privacy Notice

Here's what you need to know about how we handle and use your data at Guinness Care

Two Guinness Care and Support customers celebrating

Guinness Care Privacy Notice

This privacy notice covers the services provided by Guinness Care.
To learn more about how The Guinness Partnership uses and protects your data, take a look at the Guinness Partnership Privacy Notice.

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Information about Guinness Care

Guinness Care, 30 Brock Street, Regent’s Place, London, NW1 3FG will be responsible for determining the use of your information.

In this privacy notice, ‘we’, ‘us’ and ‘our’ mean Guinness Care and its subsidiary companies within our Group. Depending on which of our products and services you ask us about or use, different companies within our organisation will process your information. You can find out more about the companies within our Group, by clicking here.

We’re committed to protecting the personal information we collect about you. This privacy notice explains what happens to the information you are providing to us.

Scope of this Privacy Notice

This privacy notice applies to you if you ask us about, or use our services in relation to assessing and managing your support needs. It describes how we handle your information, regardless of the way you contact us (for example, by email, through our website, by phone and so on). We will provide you with further information or notices if necessary, depending on the way we interact with each other, for example if you are contacted with an offer of further support we may give you privacy notices which apply just to a particular type of information which we are collecting and using through that process.

Data Protection Officer

Our obligations under Data Protection Regulations are overseen by the Information Management Governance and Risk Team who can be contacted on informationmanagement@guinness.org.uk

Guinness Care has appointed a Data Protection Officer to monitor our compliance with the Data Protection Regulations.

If you have any concerns, our Data Protection Officer can be contacted at gcdataprotectionofficer@guinness.org.uk or by writing to:

Data Protection Officer
Hillfields House
Matford Court
Sigford Road
Devon
Exeter
EX2 8NL

The types of personal information we hold

We can collect ‘standard personal data’ and any special category (previously sensitive) personal data

Standard personal information includes:

  • contact information, such as your name, address, email address and phone numbers;
  • your age, your date of birth and national identifiers (such as your National Health number);
  • details of any contact we have had with you, such as any complaints or incidents;
  • financial details, such as details about your payments, your bank details or financial circumstances;
  • information about how you use our services; and
  • information about how you use our website or other technology, including IP addresses or other device information (please see our Cookies Policy for more details).

Special Category Information could include:

  • Disability or other health information
  • Race
  • Ethnic Origin
  • Religion

Why we need personal data

We will only ever collect the minimum amount of personal data to provide effective services to you in order to:

  • assess your application for service
  • provide suitable support for you
  • manage your service provision
  • check you are eligible for care and support services
  • ensure that there are no unacceptable risks posed to our customers, staff and contractors
  • process your payments to us and to reclaim these when overdue
  • offer support to customers to maintain your independence and well being
  • at your request to involve you in Guinness Care initiatives and the opportunity to feedback and shape Guinness Care services and
  • ensure we are fair and transparent with all applicants.

We need a lawful reason to use your information.  For the majority of your personal information we will use one of the following conditions:

  • consent – for example to keep you updated or involved in Guinness Care initiatives. We will never ask for consent if not giving your consent would put you at a disadvantage.
  • necessary to take steps or for the performance of a contract – if you have applied for a service or we have an agreement with you, we will process your personal information to fulfil that agreement. Without this we will not be able to process your application.
  • legitimate interests – from time to time there will be a need for us to process your personal data in our or a third party’s legitimate interests. Further information can be found below
  • if it is required by law – to fulfil our legal and regulatory responsibilities (substantial public interest)

We will process special category information to ensure that there are no risks posed to you or your household. This could include processing for the purposes of:

  • health information – to ensure we can provide the services we have been asked to provide
  • information on your religion, ethnic origin and sexual orientation – to monitor diversity and equality of treatment of customers

The information you provide is also required to fulfil our legal and regulatory obligations in providing care and support services and our legal and regulatory responsibilities (substantial public interest for example under:

  • Mental Capacity Act 2005
  • The Care Act 2014
  • The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
  • Mental Capacity Act 2005 and Mental Capacity Act Code of Practice
  • Mental Health Act 1983
  • Mental Health Act 2007
  • Code of Practice (Mental Health Act 1983)
  • We must also comply with the Care Quality Commission standards for quality and safety

Legitimate Interests

We will also process your personal information if it is in our legitimate interest to do so, including managing some aspects of our relationship with you. This may include marketing, to help us improve our services to you, and in order to exercise our rights or handle complaints. More detailed information about our legitimate interests is set out below.

Legitimate interest is one of the legal reasons why we may process your personal information. Taking into account your interests, rights and freedoms, we have carried out Legitimate Interest Assessments which allow us to process your personal information including:

  • To offer you further support, including referrals to external agencies, to help you stay in your home
  • To meet the needs of our customers
  • To make sure we are using our resources efficiently and to understand how we are performing
  • Communicate with you by text message to keep you updated on our service delivery
  • Carry out customer surveys with a third party to help us understand our customers’ experiences and views and improve services to you
  • To identify and investigate fraud, corruptions and/or bribery

If you wish to object to us using your information for any of these legitimate interests please contact us at:

Information Management Governance and Risk Team 
The Guinness Partnership
Bower House
1 Stable Street
Hollinwood
Oldham
OL9 7LH

We will need to be sure that it is you making the request so you will need to pass some data protection checks, or we may ask for two forms of identity if we have any doubts.

We will consider each and every request and respond within one month. If your request is particularly complex we may extend this, by exception, for up to a further two months.

Who we share personal data with, and who we receive it from

We will share information across employees within Guinness Care and its subsidiaries and the Guinness Partnership to enable us to meet your needs, process your assessments and care plans, manage your care and support, resolve disputes between you, Guinness and/or a third party, provision the collection of any fees and improve your customer experience.

So that we can provide effective services to you, we will be required to share and receive your information with/from external organisations and people:

  • Your commissioning Local Authority or NHS Trust as part of a contract
  • External Health professionals in the assessment of your medical circumstances
  • Third party contractors who assist us to provide services to you in your home
  • Regulators (specifically the Care Quality Commission) and government departments, particularly in relation to safeguarding issues
  • Police, fire services or medical staff
  • People you have authorised to act on your behalf
  • Any specialised support agencies you are involved with
  • Voluntas or Kwest to carry out customer surveys on our behalf
  • Advanced Ltd, our Guinness Care system supplier to maintain the database that manages your care
  • Other agencies who may need the information to perform their duties for the purpose of crime prevention or detection, if we have a legal obligation to do so or it is required by a Court Order.

We won’t share your personal information with anyone who claims to represent you unless we’re satisfied that you have appointed them or they act in some recognised official capacity.

Marketing and Preferences

We may use your personal information to send you marketing by post, by phone, through social media, by email and by text.

We can only use your personal information to send you marketing material if we have your permission or a legitimate interest as described above.

If you don’t want to receive emails from us, you can click on the ‘unsubscribe’ link that appears in all emails we send. If you don’t want to receive texts from us you can tell us by contacting us at any time. Otherwise, you can always contact us here to update your contact preferences.

You have the right to object to direct marketing. Please see the section about your rights for more details.

We will need to retain a small amount of your information so that we know you have objected to being contacted in this way.

How we keep your information safe

  • We will apply appropriate measures to ensure your personal information is secure.  For example, we have systems in place so that access to personal information is restricted to authorised individuals on a strictly need-to-know basis.
  • When we need to share personal data with our contractors and third party suppliers, we have contracts with them that sets out their responsibilities
  • To help us ensure confidentiality of your personal information we will ask you (and any of your representatives) security questions to confirm your identity when you call us and as may be necessary when we call you.
  • Making sure staff complete mandatory Data Protection Training

Transferring Information Outside of the European Economic Area (EEA)

We deal with some international organisations to help us provide services to you. We will try our best to ensure that your personal information is not transferred outside of the EEA, however, sometimes your information will be. Not all countries outside the EEA have data-protection laws that are similar to those in the EEA and if so, the European Commission may not consider those countries as providing an adequate level of data protection.

We take steps to make sure that, when we transfer your personal information to another country, appropriate protection is in place, in line with data-protection laws. Often, this protection is set out under a contract with the organisation who receives that information and we will make sure they have good information security practices in place to protect your information. For more information about where your information is stored, please contact us at informationmanagement@guinness.org.uk

How long we keep your information

We have a number of different time periods that we may keep your information for. These are based on the following criteria:

  • How long you have been a customer and when your care and support ends
  • How long it is reasonable to show we have met the obligations we have to you under your agreement with us
  • If there is a time period set by law
  • Any time period allowed for us to make or defend a legal claim
  • Any recommended time periods set by our regulators or professional bodies
  • Any relevant proceedings that may apply

If you would like any further information about how long we keep certain types of your information, please email us at informationmanagement@guinness.org.uk

The rights you have in relation to the information we hold about you

Data Protection law gives you greater control as to how we can use your information. To enable this you have the right to request us to take action in relation to your information. You have the following rights:

  • Right of Access – the right to request details as to how we use your information and to be provided with a copy of that information.
  • Right to Rectification – the right to have inaccurate data corrected
  • Right to Erasure – the right to have certain information about you deleted
  • Right to Restriction – the right to request us to limit the use of your personal information in certain circumstances
  • Right to Object – the right to object to us using your information for a task carried out in the public interest, where we have informed you that we are processing in our or a third parties legitimate interests or if we use your information for direct marketing
  • Right to Data Portability – the right to request certain types of information to be provided to you or transferred to a third party in an electronic, machine-readable format. Currently this will be provided in a .csv format.
  • Right to Withdraw Consent – if we have asked for your consent to process some of your personal information, you have the right to withdraw this at any time. We will never ask for consent for providing a service to you or if you would be disadvantaged by not wanting to consent.
  • Automated Decision Making – we currently do not make any decisions relating to you in a solely automated fashion. i.e. without any human involvement. If we do we will tell you and you will have the right to request us not to unless it is strictly required to enter into (or performance of) your contract, required by law or you have provided your explicit consent.

Please Note:
These rights are not absolute and will be considered on a case by case basis, except where you withdraw consent or object to direct marketing. In each case we will let you know in our correspondence with you whether we can comply with your request and provide a full explanation if we cannot comply.

How to make a request in relation to your rights under Data Protection

When you make a request we need to be sure that it is you applying. You will need to either pass our data protection checks or we may ask you to provide 2 forms of identification if we have any doubts.

We will consider each and every request and respond within one month of receiving a valid request. If your request is particularly complex we may extend this, by exception, for up to a further 2 months.

If you would like to request access to your personal data you can by using our online form here

You can also request access to your personal data or to exercise any of your other rights, by contacting us at:

Information Management Governance and Risk Team 
The Guinness Partnership
Bower House
1 Stable Street
Hollinwood
Oldham
OL9 7LH

Or use any of the following methods:

It would be really helpful if you could provide as much information as possible to help us assess and progress your request.

Visitors to our website

When someone visits www.guinnesspartnership.com or www.guinnesspartnership.org.uk, we use Google Analytics to measure user behaviour. We use the Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in our log files to analyse trends, administer our website, track visitor movements and to improve our website.

We may also link this automatically collected data to other information we collect about you, like your name and email address.

What to do if you're not happy

If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer on gcdataprotionofficer@guinness.org.uk who will investigate the matter.

If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law, you can make a complaint to the Information Commissioner’s Office (ICO).

Information Commissioner:

Wycliffe House, Water Lane
Wilmslow
Cheshire
SK9 5AF

Phone: 0303 123 1113
Website: www.ico.org.uk