Data Protection Policy

Updated October  2022

1. Introduction

1.1 Purpose of Policy

Brain & body boost needs to gather and use certain information about individuals.

These can include clients, suppliers, employees and other people the organisation has a relationship with or may need to contact.

This policy describes how this personal data will be collected, handled and stored to comply with the UK General Data Protection Regulation.

1.2 Policy Statement

Brain & body boost is committed to a policy of protecting the rights and privacy of clients, staff and others in accordance with UK General Data Protection Regulation.  Brain & body boost commits to:

· comply with both the law and good practice

· respect individuals’ rights

· be open and honest with individuals whose data is held

· Register our details with the Information Commissioner’s Office (ICO)

1.3 Personal Data

In order to work with you / your child, we need to collect information and data which is personal to you / your child. Protecting your privacy is extremely important to us and data will not be shared without your consent. Storing your data in a safe and secure way is also important to us.

As a small business we will undertake to take precautions so that your data is protected, including:

· Use of a password protected computer

· Use of anti-virus and anti-malware software

· Storing documentation in a locked drawer

We collect and hold personal data, including case histories, in order to provide a service to you.  We also hold personal data for 7 years in order to meet the requirements of our insurance policy.

What information do we collect?

· Names and address

· Telephone Numbers

· Email addresses

· School/institute your child is attending

· Background Information relating to the therapy

· Any reports you wish to share with us

· Assessment Record 

· Emails

· Appointment times and dates

Sharing your data with a third party

· Your data would not be shared with a third party without your consent / request

· We may for the purpose of research, training others or as publicity use your information as a case study. Examples of case studies are given on my website. In these circumstances, all information would be anonymised. You may refuse consent to this.

· We may incorporate your data along with other clients for the purpose of research and dissemination. All data will be anonymised. You may refuse consent to this.

In exceptional circumstances we may be required by law to share your information and data with other organisations such as courts of law and the police. Normally we would take professional advice before sharing such data without your consent.

If you wish to video a specific exercise during an appointment, you may do so without cost, but any recording is for your own private use and must not be shared in any public domain without our express permission.

If in our view there is a safeguarding issue, we would normally take advice and contact the appropriate authorities. 

1.4 Data Protection Principles

There are six data protection principles that are core to the General Data Protection Regulation.  Brain & body boost will make every possible effort to comply with these principles at all times in our information-handling practices.  The principles are:

1)  Lawful, fair and transparent

Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.

2)  Limited for its purpose

Data can only be collected for a specific purpose.

3)  Data minimisation

Any data collected must be necessary and not excessive for its purpose.

4)  Accurate

The data we hold must be accurate and kept up to date.

5)  Retention

We cannot store data longer than necessary.

6)  Integrity and confidentiality

The data we hold must be kept safe and secure.

1.5 Key risks

The main risks are in two key areas:

• information about individuals getting into the wrong hands, through poor security or inappropriate disclosure of information

• individuals being harmed through data being inaccurate or insufficient

2. Responsibilities

Brain & body boost is the data controller for all personal data held by us and is responsible for:

• Identifying the lawful basis for processing data

• Ensuring consent procedures are lawful

• Storing data in safe and secure ways

• Data Recording, Security and Storage

3.1 Data accuracy and relevance

Brain & body boost will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.

3.2 Data security

Brain & body boost will keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, we will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third-party organisations.

3.3 Storing data securely

• In cases when data is stored on printed paper, it will be kept in a secure place where unauthorised personnel cannot access it

• Printed data will be destroyed when it is no longer needed

• Data stored on a computer will be protected by strong passwords that are changed regularly 

• Data stored on CDs or memory sticks will be encrypted or password protected and locked away securely when they are not being used

• Cloud services used to store personal data will be assessed for compliance with UK GDPR principles

• Data will be regularly backed up

• All servers containing sensitive data must be protected by security software

• All possible technical measures will be put in place to keep data secure

3.4 Data retention

Brain & body boost will retain personal data for no longer than is necessary, usually 7 years from our last appointment date (for insurance purposes).

4. Accountability and Transparency

Brain & body boost will ensure accountability and transparency in all our use of personal data.  We will keep written up-to-date records of all the data processing activities that we do and ensure that they comply with each of the UK GDPR principles. 

We will regularly review our data processing activities and implement measures to ensure privacy.

5. Consent

Brain & body boosts will ensure that consents are specific, informed and plain English such that individuals clearly understand why their information will be collected, who it will be shared with.

We will regularly review consents and seek to refresh them regularly or if anything changes.

6. Direct Marketing

Brain & body boost will seek explicit consent for direct marketing. We will provide a simple way to opt out of marketing messages and be able to respond to any complaints.

7. Subject Access Requests

7.1 What is a subject access request?

An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice.

7.2 How to deal with subject access requests

Brain & body boost will provide an individual with a copy of the information requested, free of charge. This will occur within one month of receipt. We endeavour to provide data subjects access to their information in commonly used electronic formats (as described in section 4.3).

If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual will be informed within one month.

We can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting.

Once a subject access request has been made, we will not change or amend any of the data that has been requested. Doing so is a criminal offence.

7.3 Data portability requests

We will provide the data requested in a structured, commonly used and machine-readable format. This would normally be a PDF file, although other formats are acceptable. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to within one month.

8. Transferring data internationally

There are restrictions on international transfers of personal data. We will not transfer personal data abroad without express consent.

9. Third Parties

9.1  Using third party processors

Brain & body boost has a contract with Cliniko as our data processor (electronic files are hosted by a third party, Cliniko). The contract contains specific clauses which sets out our and their liabilities, obligations and responsibilities.

As a data controller, we will only appoint processors who can provide sufficient guarantees under UK GDPR.

9.2 Contracts

Our contracts will comply with the standards set out by the ICO and, where possible, follow standard contractual clauses. Our contracts with data controllers (and/or) data processors will set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.

10. Reporting breaches

Any breach of this policy or of data protection laws will be reported as soon as practically possible. This means as soon as we become aware of a breach. 

Brain & body boost has a legal obligation to report any data breaches to UK Supervisory authority which is the Information Commissioners Officer within 72