Purpose and lawful basis
We want to help you stay at home and remain independent. Our Care and Support Service are on hand to when you ask us about, or use our services in relation to assessing and managing your support needs. We will also provide you with further information or notices if necessary, depending on the way we interact with you 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.
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.
- 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
What we need
In order to deliver our services to you we will be collecting information through any forms that you provide to us, correspondence with you and information that is provided to us over the phone.
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).
In order to deliver our services to you we will need to use some sensitive information such as your health data. This will be used to ensure your needs are met.
Special Category Information could include:
- Disability or other health information
- Ethnic Origin
Why we need to use it
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.
How long we keep it
Where an enquiry and referral is made that do not proceed to a service provision this will be retained for 2 years from the date of the contact.
Where a service is provided your information will be held for 7 years from the date of last contact with you. 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
You have the right to access your personal data held in your application file by us. (Access)
You also have the right to have inaccurate data corrected and incomplete data completed. (Rectification)
You have the right to request information to be deleted (Erasure)
You have the right to request us to pause the use of your data only if you have contested the accuracy whilst we verify your request or to stop it’s deletion in the case of a legal claim. (Restriction)
You have the right to object to the processing that is for a task carried out in our and your legitimate interests. (Object)
You have the right to receive or have transferred to another organisation information you have provided to us in a re-usable electronic format. (Data Portability)
Where you have provided consent you have the right to withdraw this at any time. (Consent)
Data Processors/Third parties inc. international transfers (who we share info with)
We will share information across employees within the Guinness Partnership and its subsidiaries 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, arrange 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
- The leadership Factor to carry out customer surveys on our behalf
- EveryLife our Care and Support 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.
All information through this process is held within the EU in accordance with Data Protection law.
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.
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 firstname.lastname@example.org