Ashtons - Privacy Policy

Introduction

Welcome to the Ashtons privacy policy (‘Policy).

Ashtons respects your privacy and is committed to protecting your personal data. This Policy will inform you as to how we look after your personal data, including when you visit our websites (regardless of where you visit it from), or order or use any of our pharmacy or online services, including Live View or E-Works, and tells you about your privacy rights and how the law protects you.

We will never sell your personal data to a third party.

This Policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this Policy.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. GLOSSARY
11. COOKIE POLICY

1. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS POLICY

This Policy aims to give you information on how Ashtons collects and processes your personal data, including through your use of our websites (orders.ashtonshospitalpharmacy.com or ashtonshospitalpharmacy.com), or place an order via our pharmacy services, including our online Live View or E-Works services, or when you contact us or take part in a survey.

Our websites and services are not intended for use by children and we do not knowingly collect data relating to children unless it is with the consent of a guardian or adult.

It is important that you read this Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Policy supplements the other notices and is not intended to override them.

CONTROLLER

Ashtons Hospital Pharmacy Services Limited is the controller and responsible for this website and is the controller and responsible for your personal data (collectively referred to as “Ashtons”, “we”, “us” or “our” in this Policy).

Our Data Protection Officer (DPO) is responsible for overseeing questions in relation to this Policy. If you have any questions, including any requests to exercise your legal rights, please contact the CTO using the details set out below.

CONTACT DETAILS

Our full details are: Ashtons Hospital Pharmacy Services Limited, Unit 4, 74 Dyke Road Mews, Brighton, BN1 3JD.

Email: dataprotection@ashtonshospitalpharmacy.com

CHANGES TO THE POLICY AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated in July 2019 and may be subject to further revisions.

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.

THIRD-PARTY LINKS

Our website or online services may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website or online services, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT ABOUT 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).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as

• Identity Data includes: first name, last name, maiden name, username or similar identifier used by our pharmacy or online services, title, passport or national insurance or NHS number, photos or other images.
• Contact Data includes: address, email address and telephone numbers, any social media accounts used to contact us or submitted used via our websites or our online services.
• Technical Data includes: device ID, 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 website.
• Profile Data includes: any username and password to access our pharmacy or online services, preferences, feedback and survey responses.
• Usage Data includes: information about how you use our services and websites.
• Special Category Data includes: health, biometric or genetic data, as well as the contact details of healthcare professionals and healthcare providers you are registered with or in contact with for any diagnostics, care or treatments, or the details of which you provide to us or explicitly allow us to share, including:
  
  • records of medicines you have been prescribed by your doctor or another qualified prescriber, and which have been supplied by Ashtons Hospital Pharmacy Services;
  • details of medicines purchased from Ashtons without a prescription (over the counter medicines);
  • other details and notes about your health and medical treatment;
  • Information relevant to your continued care provided by relatives, carers and healthcare professionals, and
  any other services we provide to you, for example, a flu vaccination.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract (i.e. online service end user licence) we have with you, or we have legitimate interest in collecting because of a service offered, and you fail to provide that data when requested, we may not be able to perform the contract or service we have or are trying to enter into with you. In this case, we may have to cancel a registration or service you have with us but we will endeavour to notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact, Profile and Special Category data by using our website or registering to use our pharmacy or online services, or by corresponding with us by post, phone, email, social media or otherwise. This includes personal data you provide when you:
  • make a general enquiry about our services; or
  • register or activate an account registered with one of our pharmacy or online services;
  • give us feedback.
• Automated technologies or interactions. As you interact with our website, online services or social media accounts, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical or Contact Data from the following parties:
    1. analytics providers such as Google based inside or outside the EU;
    2. website or online service hosting platforms such as Iomart or CNC.
• Special Category data provided from permitted and authorised carers, healthcare professionals or healthcare providers (including in the UK via the NHS).
• Technology providers
• we use based inside or outside the EU.
• Identity and Contact Data from publicly available sources.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you, one of our clients or one of our providers.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation or where we are acting in the vital interests of a person, if the processing needs to be done to protect someone’s life, for instance.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for 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 in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new client or user of our pharmacy or online services	Identity Contact Profile Special Category	Performance of a contract with you or a client organisation to whom you are connected Consent to process Special Category data
To process and deliver a service, including: Pass your details to a permitted and authorised provider or healthcare professional or institution To inform of developments or updates in relation to the services we provide to you or provided by an authorised provider or healthcare professional or institution. Connect you to a third party administrative or technology provider in order to perform our services.	Identity Contact Profile Special Category	Performance of a contract with you or a client organisation to whom you are connected Consent to process Special Category data Necessary to comply with a legal obligation Necessary for our legitimate interests (including for tax and legal liability purposes)
To manage our relationship with you which will include: Notifying you about changes to our terms or privacy policy If you have some other form of contractual relationship with us Asking you for feedback	Identity Contact Profile Special Category	Performance of a contract with you or a client organisation to whom you are connected Consent to process Special Category data Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated, to comply with our legal and tax obligations, or to study how customers services)
To administer and protect our business, our websites and online services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Identity Contact Technical	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) Necessary to comply with a legal obligation
To deliver relevant website content and measure or understand the effectiveness of the advertising we serve to you	Identity Contact Profile Usage Technical	Necessary for our legitimate interests (to study how clients use our products/services)
To use data analytics to improve our website, services, customer relationships and experiences	Technical Usage	Necessary for our legitimate interests (to define types of clients for our services, to keep our websites and online services updated and relevant, to develop our business and to inform our marketing strategy)

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 (except in the case of Special Category data) in compliance with the above rules, or where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties as set out in the Glossary here.
• External Third Parties as set out in the Glossary here.
• Specific third parties listed in the Glossary or elsewhere in this Policy.
• 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. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. 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.

6. INTERNATIONAL TRANSFERS

In order to perform our services we may transfer your personal data outside the European Economic Area (EEA).

Some of our External Third Parties may be based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we seek to ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to third parties that have signed our own terms and conditions or supply, or separate data processing agreement to safeguard and secure your personal data, or which are located in countries deemed to provide an adequate level of protection by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use international service providers, we are invariably bound by their own data processing agreements, usually in a form approved by the European Commission, and which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use service providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please Contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. DATA SECURITY

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 or medical need to know. They will only process your personal data on our instructions and they are subject to a duty of 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.

We seek to use third party technology providers that are ISO27001 certified or equivalent (SOC II) where practical and as a business we have achieved Cyber Essentials Plus accreditation.

8. DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

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, accounting, or reporting requirements.

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.

For example, Ashtons will only process personal data relating to healthcare patients (Contact, Identity, Profile and Special Category data) for the period during which they are provided with healthcare by one of our client institutions, but we will store the relevant data for eight years starting from when the patient is discharged or last seen (or 20 years in the case of mental health records) and in line with current NHS retention guidance. After this period of time, the personal data will be destroyed.

By law we also have to keep basic information about our clients and employees (including Contact, Identity and any financial data) for six years after they cease being clients or employees for tax and legal liability purpose, but we also keep this information to make it easier for users to process new, follow-on or repeat service requests.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

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. Logs will be kept of all records destroyed.

9. 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 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.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please Contact us.

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 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.

10. GLOSSARY

THIRD PARTIES

INTERNAL THIRD PARTIES

Other companies in the Ashtons group acting as joint controllers or processors and which provide IT and system administration services and undertake leadership reporting.

EXTERNAL THIRD PARTIES

• Healthcare service providers acting as processors (including the NHS or charitable or private healthcare institutions who you have given consent to share or provide us with your Identity, Contact or Special Category) based in the UK or EU and third parties who provide IT and system administration services based in or outside the UK or EU.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based within the EU who provide consultancy, banking, legal, insurance and accounting services to us.
• HM Revenue & Customs, regulators and other competent authorities acting as processors or joint controllers based in the UK or EU who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• 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 (see below), 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.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• 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 data is unlawful but you do not want us to erase it; (c) where you need us to hold the 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 data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent 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.

11. COOKIE POLICY

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the memory of your computer or device if you agree. Cookies contain information that is transferred to your computer's memory.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences.
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.