Privacy Notice for the REWIND service

Scope and overview

This is a joint privacy notice issued on behalf of the the Acacium Group and all its group companies, the controllers Pulse Healthcare Limited trading as Xyla Health & Wellbeing and North West London NHS Trust.

A full list of Acacium Group companies and their trading names can be found here, all reference to the Acacium Group refers to these companies. If you require a printed copy of this privacy notice of our group companies, please contact us using the details below.

When we mention “we”, “us” or “our” in this privacy notice, we are referring to Acacium Group, Xyla Health & Wellbeing and/or your GP Practice.

It has been agreed that Xyla Health & Wellbeing will be your point of contact. Please contact us using the details below if you have any questions about this privacy notice or personal data we use about you:

• by email to: dpo@acaciumgroup.com; or
• by writing to: Data Protection Officer, Acacium Group, 9 Appold Street, London, EC2A 2AP

If you have any concerns about the personal data we use about you, 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, by contacting them at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please feel free to contact us in the first instance.

We regularly review this privacy notice and will update it where necessary. We will notify you of any significant changes and provide you with a copy.  This privacy notice was last updated on 23/07/2020.

Where can I find the privacy policy for the Wellbeing Way app?

You can find the Wellbeing Way app privacy policy here.

When will this privacy notice apply?

This privacy notice will apply when your GP Practice refers you onto the REWIND service.

We are committed to ensuring that your privacy is protected. If you provide us with personal data, you can be assured that it will only be used in accordance with this privacy notice.

What is the lawful basis for using your personal data?

As joint controllers, it means that Xyla Health & Wellbeing and North West London NHS Trust will both use your personal data and will jointly determine how is it is used.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data for purposes below. These are commonly called the lawful basis for processing.

• Processing is necessary for the performance of a public task carried out in the public interest or in the exercise of official authority vested in the controller by processing your data we are able to provide the public task of health promotion and disease prevention under the Social Care Act 2012.
• Legitimate Interests – processing is necessary for the purpose of the legitimate interests pursued by us or a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data.
• Consent – you have given your consent to the processing of your personal data for the processing detailed in this privacy notice.

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 in this privacy notice.

Please note you will not be subject to any automated decision making.

The table below sets out the personal data that we collect and use about you and the lawful basis we will rely on as set out above.

What personal data must you provide to us as part of a statutory/regulatory or contractual requirement?

In certain circumstances, you may be obliged to provide us with personal data for us to be able to enrol and maintain you on the programme. Where this is the case we have identified these instances in the table above with an “*” If you fail to provide the personal data when requested, we may not be able to accept you onto the programme or continue to offer the service once you are enrolled.

What special category data do we process about you?

Throughout your initial referral and throughout the programme, it will be necessary for us to collect and use personal data about your medical history including medication, details relating to the programme, such as your weight, HbA1c readings and details of your ethnic origin. This information is called “special category data.” We will only process special category data when necessary for the provision or the treatment of health or social care.

How long do we keep your personal data for?

We will only keep your personal data for as long as is necessary for the purposes for which it was collected. In order to determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of your personal data. We will also consider legal and regulatory requirements. Under the Records Management Code of Practice 2021, we may keep your data for up to twenty years post-discharge from the programme, or ten years after death.

Why is your personal data shared across the Acacium Group of companies?

The personal data that you provide will be shared within the Acacium Group, to enable us to provide our services to you. We will also share your personal data across the Acacium Group to ensure that our legal and regulatory obligations are achieved.

Will we share your data with third parties?

Your data will be shared between Pulse Healthcare Limited, the service commissioners and your GP Practice to enable you to enrol and complete the Programme.

Throughout the programme we may share your personal data with the below third parties:

• NHS England, who have commissioned the Healthier You service;
• Our professional advisors;
• Auditors;
• Third parties who provide operational services for us, online platform providers; or
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them.

We require all third parties to respect the security of your personal data and to treat it in accordance with data protection laws. Where we share your personal data with third parties who provide operational services to us, we only permit them to process your personal data for specified purposes in accordance with our instructions.

Will we transfer your data outside of the European Economic Area?

Your data will not be shared outside of the European Economic Area.

How do we safeguard your personal data?

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, altered, disclosed, used or accessed in an unauthorised way.

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.

In addition, we limit access to your personal data to only those 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.

Please note, that personal data stored locally on your device may be misused by third parties (e.g. if your mobile phone were stolen). We therefore, recommend that you carefully secure your device accordingly (e.g. with a password or code lock).

What rights do you have in relation to your personal data?

You have the following data protection rights when we use your personal data:

•          a) Your right to request access to your personal data – this enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
•          b) Your right to request correction of the personal data that we hold about you – this enables you to have any incomplete or inaccurate personal data we hold about you corrected, though we may need to verify the accuracy of the new personal data you provide to us.
•          c) Your right to request erasure of your personal data – this enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing under Section (d) where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
•          d) Your right to object to processing of your personal data – this enables you to object to the processing of your personal data where we are relying on the performance of a public task carried out in the public interest or in the exercise of official authority vested in the controller or Legitimate Interests and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
•         e) Your right to request restriction of processing of your personal data – this enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the personal data is unlawful but you do not want us to erase it; (c) where you need us to hold the personal data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal data but we need to verify whether we have overriding legitimate grounds to use it.
•         f) Your right to withdraw consent – this right arises at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
•         g) Your right to data portability – You have the right to ask that we transfer the personal data you gave us to another organisation, or to you, in certain circumstances.
  
  

How will your data be used for marketing?

As a service user as part of one of our programmes, we will occasionally send you information we feel would be of interest to you, help you on your health journey and keep you up to date with local events.

The types of communication we may send you will include information about:

• Health and wellbeing resources and blogs;
• Competitions, incentives and promotions;
• Programme surveys and questionnaires;
• Our digital service;
• Exclusive events; or
• Charities that we support

We appreciate you may not want to receive this information and whilst we’d hate for you to miss out, you can opt out by:

• Clicking on the unsubscribe link at the bottom of any marketing emails we send you; or
• Emailing us at dpo@acaciumgroup.com.

Please note that legal and service updates relating to you participating in our programme are not direct marketing and cannot not be opted out of.

We endeavour to respond to your request to stop marketing as soon as possible but this can take up to 28 days to action. Whilst we work on your request, there is a small chance you may still receive some marketing communication.

If you would like to exercise any of these rights, please email dpo@acaciumgroup.com. In most cases we will deal with your request as soon as possible and at the latest within one calendar month of the request. If we need to extend the time period for responding to your request, we will let you know within the one-month period. We do not charge a fee for any such requests, unless there are exceptional circumstances.