Who we are and what we do
This policy is updated from time to time. The latest version updated on 21/10/21 is published on this page of the Site. All updated versions of the policy will be published on this page of the Site.
Information we may collect from you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). When you visit our Site or correspond with us by phone, e-mail or otherwise you may give us information that would be classed as personal data about you and others you are acting on behalf of. We may collect, use, store and transfer different kinds of personal data about you when you do so which we have grouped together follows:
- Identity Data which includes your first name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data which includes your billing address, delivery address, home address, email address and telephone numbers.
- Health Data which includes any information about your health including your medical history and/or current health status including but not limited to data regarding test results, diagnoses and medications.
- Financial Data which includes your bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Site.
- Profile Data which includes your username and password for any accounts set up to access our products and services, purchases or orders made by you, feedback responses.
- Usage Data which includes information about how you use our Site, products and services.
- Marketing and Communications Data which includes your preferences in receiving marketing from us and our third parties and your communication preferences.
In order to provide you with our healthcare services, we may also collect Special Categories of Personal Data (as defined in the General Data Protection Regulation (GDPR)) about you. This may include details about your race or ethnicity, religious beliefs, sex life or sexual orientation. We may also collect information about any criminal convictions and offences where we are under a legal or regulatory obligation to do so.
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Keeping your data secure
We know that data security is important to you and it is therefore important to us. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions in accordance with this policy and they are subject to a duty of confidentiality.
We have in place appropriate technical and organisational measures to ensure a level of security appropriate to the storage of personal and sensitive data that our clients/patients provide. We also take reasonable steps to ensure any third party processing data on our behalf complies with the appropriate rules and regulations with regards to system security and data confidentiality.
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 the event that we identify a personal data breach that is likely to result in a risk to your rights and freedoms we will notify you and we will comply with any direction given by the Information Commissioner’s Office (ICO) and/or Human Fertilisation and Embryology Authority (HFEA).
How we will collect your data
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us any of the categories of data identified above by filling in forms on our Site or by corresponding with us in person or by phone, e-mail or otherwise. This includes personal data you provide when you:
- register to use our Site;
- fill in our forms in person or over the telephone;
- make a request for our products or services;
- request marketing communications to be sent to you;
- give us some feedback;
- Third parties or publicly available sources. We may receive personal data from other health and care professionals and providers involved in your health and care. We may also receive personal data about you from various third parties and public sources such as analytics providers, advertising networks and/or search information providers based inside and outside the EEA.
- Contact, Financial and Transaction Data (if applicable) from providers of technical, payment and delivery services such as Worldpay based inside the EU.
- Occasionally virtual consultations may be recorded for training and monitoring purposes. If recorded, they will be held in a secure location for 30 days and then deleted. Your clinician will let you know at the start of your consultation if it is going to be recorded. If you do not wish for your consultation to be recorded, please let them know.
Why we will use your data
The lawful bases for processing personal data are set out in Article 6 of the General Data Protection Regulation (GDPR). We may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below. At least one of these must apply whenever we process personal data:
- Consent: you have given clear consent for us to process your personal data for a specific purpose. Please note that we do not rely on your consent as the lawful basis for processing your personal data (including Special Category Data and any criminal convictions and offences data). This is because we are legally and ethically required to maintain certain records even if your consent is withdrawn (e.g. where we are required to maintain records by regulators / insurers). Where we do ask for your consent (e.g. to use our services and for marketing purposes to keep you informed of our services) we will do so to comply with the requirement to process personal data fairly, lawfully and transparently.
- Contract: the processing is necessary for a contract we have with you (for example, to process and deliver goods or services to you and to manage our relationship with you), or because you have asked us to take specific steps before entering into a contract.
- Legal obligation: the processing is necessary for us to comply with a legal or regulatory obligation (not including contractual obligations).
- Vital interests: the processing is necessary to protect someone’s life.
- Public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
- Legitimate interests: the processing is necessary for our legitimate interests, this may include:
- To manage our relationship with you, our business and third party suppliers who provide products and services on our behalf
- For statistical research and analysis so that we can monitor and improve products, services, websites and apps, or develop new ones;
- Analytics to improve your patient experience
- Monitoring and analysis of the services we provide
- Analysis of the business performance
- Administering and maintain our websites
- Obtaining analytics from third party providers about the services they provide on our behalf
- We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). We also need to satisfy specific conditions for using your health data. We rely upon the following ground in this regard:
- Healthcare provision: the processing of data concerning your health is necessary for us to provide you with a medical diagnosis and/or healthcare treatment.
Find out more on the Information Commissioner’s Office website about the types of lawful basis that we will rely on to process your personal data.
Disclosing your personal data
We may have to share your personal data with the parties below in order to provide our services to you. We require all third parties to respect the security of your personal data and to treat it in accordance with the law, and when they are processing personal data on our behalf we do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. Examples of our third parties include:
- Sub-contractors for the performance of any contract we enter into with them or you for example (but not limited to) a third party genetics laboratory, third party blood testing company; a third party pharmacy;
- Service providers acting as processors who provide IT, system administration appointments and medical diagnostic services;
- Professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services;
- Also, in accordance with law and regulation, we may be required to disclose your personal data with other medical practitioners such as the General Medical Council and Human Fertilisation and Embryology Authority (HFEA).
- Analytics providers, advertising networks and/or search information providers.
- Providers of technical, payment and delivery services such as Worldpay based inside the EU.
- A company within the same group as Create Health Limited.
We do not transfer your personal data outside the United Kingdom (UK) or European Economic Area (EEA). The EEA is recognised by the UK as providing adequate protection of personal data.
Consider whether you want a digital log of your visit to our Site to be recorded in your browser. If you don’t want a record to be kept, you can choose to delete your browser history afterwards or view our pages in incognito mode / private browsing, which won’t store your browser history, cookies, or search history after you’ve closed your browsers. However, you are not invisible. Using incognito mode / private browsing does not hide your browser history from your internet service provider, us or your employer (if you are using a company device).
Change of purpose
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. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Your data may also be used for research purposes. For example, our third party providers may include your data in research projects but this will be pseudonymised and only used for statistical purposes.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased Services from us and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any other company for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
How long we will keep your data
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. We retain personal data in accordance with our policy.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. We also consider and observe our data retention requirements as set out under the Human Fertilisation and Embryology Act 1990.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to access the Information Commissioner’s Office website to find out more about these rights:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Withdraw consent, where we are relying on consent to process your personal data.
If you wish to exercise any of the rights set out above, please Contact us. If you are unhappy with how we are processing your personal data, you have the right to complaint to the Information Commissioner Office. The Information Commissioner can be contacted at:
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee to reflect our administrative costs if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.