Pharmacierge Limited Privacy Notice
(Updated August 2018)
Welcome to the PHARMACIERGE LIMITED’s privacy notice.
PHARMACIERGE LIMITED is a company registered in England and Wales under registration number 9524408 and a Pharmacy registered with the General Pharmaceutical Council (GPhC) under registration number 1093286 whose registered address is 3rd Floor, Hathaway House, Popes Drive, London, UK, N3 1QF and whose trading address is at 9 Candover Street, London, UK, W1W 7DN. We are committed to protecting and respecting your privacy.
Pharmacierge Limited (which is also referred to in the Terms as “Pharmacierge” and “we”, “us” and “our”) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or use our products and services, and tell you about your privacy rights and how the law protects you. Nothing in these terms will be construed as placing an obligation on us that we are not by law obliged to accept (and any such provision is shall be construed as a statement of current intent by us but does not create a binding obligation on us). If and to the extent that any provision of these terms contradicts applicable law, the applicable law shall apply.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY NOTICE
1.1. This privacy notice aims to give you information on how Pharmacierge collects and processes your personal data, including any data you may provide through our website, app, products or services when you sign up to accept our services, purchase a product or service or otherwise engage with us.
1.2. Our services are not intended for children and (except to the consent required by law) however where an adult provides data relating to a child we may collect and process that data as we collect and process data for any other person. If you provide us with personal data relating to a child you represent that you are authorised to provide that data and that the data is (to the best of your belief) accurate.
1.3. By submitting information to us you agree to the collection and use of this information by us.
1.4. We may use e-mail and other electronic addresses to communicate with you about your order and products purchased. Your e-mail address may be used for our marketing purposes unless you do not subscribe to receive our marketing emails, or unsubscribe. It is possible to unsubscribe at any time by contacting us or clicking an unsubscribe link on our emails. Please note that even if you unsubscribe we may be required by law to retain certain information.
1.5. It is important that you read this privacy notice 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 privacy notice supplements the other notices and is not intended to override them.
1.5.1. Pharmacierge Limited is the controller and responsible for your personal data.
1.5.2. We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
1.6. Our full details are:
Full name of legal entity: Pharmacierge Limited
Title of data privacy manager: Data Privacy Manager
Email address: firstname.lastname@example.org
Postal address: 9 Candover Street, London, UK, W1W 7DN
1.7. 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 (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
1.8. This version was last updated to take account of changes which were introduced in May 2018, and historic versions are archived and may be obtained by contacting us. We may update this policy from time to time.
1.9. 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.
1.10. Our website and app 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, we encourage you to read the privacy notice of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
2.1. 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 or pseudonymised data). Personal data is defined by the ICO (Information Commissioner’s Office in England) as follows:
“The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people. The GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria. This could include chronologically ordered sets of manual records containing personal data. Personal data that has been pseudonymised – eg key-coded – can fall within the scope of the GDPR depending on how difficult it is to attribute the pseudonym to a particular individual.”
2.2. In particular we collect data concerning health, meaning personal data related to the physical or mental health of natural persons, including the provision of health care services, which reveal information about individuals’ health status.
2.3. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
2.3.1. Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
2.3.2. Contact Data includes billing address, delivery address, email address and telephone numbers.
2.3.3. Medical Data includes details of your medical records, medical advisers and prescriptions.
2.3.4. Financial Data includes bank account and payment card details.
2.3.5. Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us or that we have delivered to you.
2.3.6. 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 website.
2.3.7. Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
2.3.8. Usage Data includes information about how you use our website, products and services.
2.3.9. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
2.4. 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. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
2.5. Except to the extent necessary to provide services to you (and provided to us by you or your medical practitioner, which may include collecting information about prescriptions from which health related information may be derived) we do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
IF YOU FAIL TO PROVIDE PERSONAL DATA
2.6. 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. You will remain responsible for all costs incurred by us in our reasonably relying on you providing the relevant information.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
3.1. We use different methods to collect data from and about you including through:
3.1.1. Direct interactions. You may give us personal information (including identity, medical, contact and financial data) by filling in forms, using electronic media and apps, authorising your medical practitioner or otherwise by corresponding with us through electronic or other media (including by post, phone, email or otherwise). This includes personal data you provide when you (or your medical practitioner acting on your behalf):
18.104.22.168.apply for our products or services;
22.214.171.124.create an account on our website;
126.96.36.199.subscribe to our service or publications;
188.8.131.52.request marketing to be sent to you;
184.108.40.206.enter a competition, promotion or survey; or
220.127.116.11.give us feedback.
3.1.2. Automated technologies or interactions. As you interact with our website, 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.
3.1.3. Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
18.104.22.168.Technical Data from the following parties:
(a) search and analytics providers, such as Google based outside the EU; and
(b) promotional networks;
22.214.171.124.Contact, Financial, Medical and Transaction Data from medical practitioners and providers of technical, payment and delivery services.
4. HOW WE USE YOUR PERSONAL DATA
4.1. 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:
4.1.1. Where we need to perform the contract we are about to enter into or have entered into with you.
4.1.2. 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.
4.1.3. Where we need to comply with a legal or regulatory obligation.
4.2. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
4.3. We collect and process data for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services pursuant to contracts with us or others as health professionals (or pursuant to applicable law). Where necessary processing of data is undertaken by a healthcare professional (such as a pharmacist or a pharmacy technician subject to registration and applicable regulatory oversight, for example in accordance with the Pharmacy Order 2010), or other person with a duty of confidentiality under a legal provision.
4.4. We have set out below, in a table format, a description of all 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 (this is in addition to the explanation in paragraph 4.3).
4.5. 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.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity
|Performance of a contract with you|
|To process and deliver your order including:
(a) collecting information relating to your demographic, health and well-being
(b) manage payments, fees and charges
(c) collect and recover money owed to us
(f) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:
(b) asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To administer and protect our business and this website, our products and services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) 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)
(b) Necessary to comply with a legal obligation
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
4.6. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
PROMOTIONAL OFFERS FROM US
4.7. 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).
4.8. You may receive promotional, marketing or health related communications from us if you have requested information from us or purchased goods or services from us or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
4.9. We will get your express opt-in consent before we share your personal data with any company outside the Pharmacierge group of companies for marketing purposes.
4.10. You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
4.11. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, interaction with a medical practitioner that may later be required to be produced, product/service experience or other transactions.
CHANGE OF PURPOSE
4.13. 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.
4.14. 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.
4.15. 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.
5. DISCLOSURES OF YOUR PERSONAL DATA
5.1. 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 and also with:
5.1.1. Medical practitioners (which expression includes pharmacists) who have indicated that they are providing medical advice to you in their capacity as a registered and qualified regulated practitioner;
5.1.2. Couriers and other delivery services or agents where we consider that it is necessary to provide such information to provide services to you or to protect the health, safety or well-being of any individual (for example if a medication is incorrectly delivered and action is required to protect any person from resulting confusion).
5.1.3. Third Parties as set out in Section 10.
5.2. We may disclose personal information to 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 such a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
5.3. 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
6.1. We do not expect to transfer your personal data outside the European Economic Area (EEA). If and to the extent that your data is transferred by us outside the EEA we shall use our reasonable endeavours to ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
6.1.1. It is transferred to a country that has been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
6.1.2. We have implemented specific contracts approved by the European Commission which gives 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.
6.1.3. If we transfer it to providers based in the US, we may transfer data 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.
6.2. 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
7.1. We have put in place appropriate security measures designed 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 and they are subject to a duty of confidentiality.
7.2. We have put in place procedures designed 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.
7.3. If these data security measures and policies appear to us to have failed we shall notify you accordingly, and take such reasonable action as we are able to limit the loss to you.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
8.1. 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. These may require us to retain your personal data for many years.
8.2. 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.
8.3. Details of retention periods for different aspects of your personal data are available on request (please contact us).
8.4. In some circumstances you may ask us to delete your data: see section 10.8.3 below for further information.
8.5. In some circumstances we may anonymise or pseudonymise 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.
9. YOUR LEGAL RIGHTS
9.1. Under certain circumstances, you have rights under data protection laws in relation to your personal data. These are explained in this and the following section (see in particular section 10.8.
9.2. If you wish to exercise any of the rights referred to above, please contact us.
NO FEE USUALLY REQUIRED
9.3. 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
9.4. 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
9.5. 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.
10.1. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
10.2. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
10.3. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
10.4. Service providers acting as processors based in the UK, Europe or the USA who provide IT financial, communication and system administration services.
10.5. Professional advisers acting as processors or joint controllers including medical experts, lawyers, bankers, auditors and insurers who provide consultancy, medical, banking, legal, insurance and accounting services.
10.6. The General Pharmaceutical Council, HM Revenue & Customs and other competent regulators and authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
10.7. Medical Suppliers and or research organisations.
YOUR LEGAL RIGHTS
10.8. You have the right to:
10.8.1. 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. The request must be made in writing. We must respond to your request within one calendar month. There will be no charge to have a printed copy of the information. You will need to give enough information for our staff to identify you (for example, your full name, address and date of birth). You will need to provide a government issued ID (for example, your passport, full driving license in addition to any credit card or debit card) before any information is released to you.
10.8.2. 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.
10.8.3. 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 as a Pharmacy registered with the General Pharmaceutical Council (GPhC) it is likely we will not 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.
10.8.4. 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.
10.8.5. 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.
10.8.6. 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.
10.8.7. 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.