Privacy Policy for Patients

We are committed to ensuring the security of your personal data and protecting your privacy. This policy will inform you about  how we look after your personal data when you use our app and our service. It will also tell you about your privacy rights and how the law protects you.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Who we are

We are Nye Health Ltd. We are a company incorporated and registered in England and Wales. Our company number is 11211158. Our registered office address is at First Floor, 1g Network Point Range Road, Windrush Park, Witney, Oxfordshire, England, OX29 0YN.

When we refer to “Nye” or "we", "us" or "our" in this policy, we are referring to Nye Health Ltd. We are the 'controller' in relation to the personal data you provide to us, which means we determine the purposes and the way in which your personal data is, or will be, processed and are responsible for it.

How to contact us  

Questions, comments and requests regarding this policy are welcomed. You may either use our contact form to get in touch with us or you may write to our Data Protection Officer at:

 

About our service 

Nye are a health tech company aiming to make compassionate health services accessible to all. We’ve designed our app with that goal in mind. It enables you to book and consult with your GP or clinician (who we refer to as your practitioner in these terms), to see your medical records, and to interact with your practice from the comfort of your own home. 

Purpose of this privacy policy

This privacy policy aims to give you information on how we collect and process your personal data so that you can be confident when you use our app that you know what your personal data is being used for and that it is being kept safe. 

It is important that you read this privacy 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 privacy policy supplements the other notices and is not intended to override them.

Definitions

Personal data - Personal data is information that relates to an identified or identifiable individual, including  a name, a number or other identifiers such as an IP address

Medical record data - this is a special category of personal data that is more sensitive as it relates to health

Anonymised data - this is data from which information that enables the concerned individual to be identified has been removed. 

Third-party links

You should be aware that our 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 apps and are not responsible for their privacy statements. When you leave our app, we encourage you to read the privacy notice of every website or app you visit or use.

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 personal data by downloading our app and registering for an account, when you report a problem with our app and by corresponding with us in person, by email, by phone, by post, by submitting an enquiry via our website,  or otherwise. 

Automated technologies or interactions

As you interact with our app or website, we may automatically collect personal data. We collect this personal data by using cookies and other similar technologies. Please see below on Cookies for further information.

Third parties or publicly available sources

We may receive personal data about you from various third parties and public sources. This includes your NHS practice, GP, clinician or other medical practitioner.  

What happens if you don't provide us with personal data we have requested?

Where we need to collect personal data by law, or under our Terms of Service (available here), and you fail to provide that data when requested, we may not be able to provide you with our service. We will notify you if this is the case at the time.

What information do 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 and process the following different kinds of personal data about you:

Identity data: 

includes full name, NHS number, Emis (or other records provider) number, username or similar identifier, marital status, title, date of birth, gender

App sign-up data:

includes your email address, username, password, telephone number and any other information you provide to us when you register to use our app

Location data:

includes your geographical location, disclosed by GPS and other technologies when location services are enabled on your device

Contact data:

includes full name, email address, telephone numbers

Correspondence data:

includes information submitted to us via our app and details of any correspondence between you and us

Problem report data:

includes information about technical errors you tell us about which relate to our app (e.g. that may be included within screenshots that you share with us)

Safety report data:

includes reports from users of our app (i.e. patients, clinicians and other administrators) on safety issues related to the app

Feedback data: 

includes any feedback you provide to us about your use of the app 

Marketing data: 

includes your preferences in receiving marketing from us and your communication preferences

Technical data:

includes the type of mobile device you use, a unique device identifier (for example, your device’s IMEI number or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use

 

To provide you with access to your medical records, we will also process the following “special categories” of more sensitive personal information. These are categories of personal data that require a higher level of protection.

Patient records:

includes your NHS practice, pharmacy, GP, clinician, your medical record and any other medical data about you that is shared with your practice via the app (e.g. that you submit on the app)

 

If you want any further information about how we might collect or use your personal data, please contact us.

How do 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 have entered into with you or to take steps at your request prior to entering into a contract (e.g. when you register to use our app). 

  • Where we have your prior consent to use your personal data (e.g. where you have consented to receiving marketing). 

  • Where we need to comply with a legal or regulatory obligation.

  • 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 it is necessary for the provision of health care services to you 

We have set out below, in a table format, a description of all the ways we may 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. 

We need to have further justification for collecting, storing and using special categories of personal data (i.e. patient records) and we have identified this where appropriate. 

Please 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.

 

While we do securely store personal data to enable us to support service provision, we currently do NOT store any medical data.

 

Purpose/activity

Type of data

Lawful basis for processing

To respond to an enquiry made via our website

Identity and contact data

Necessary in order to enter into a contract with you

 

To install the app and register you as a user

Identity data, app sign-up data, contact data and technical data 

Necessary in order to enter into a contract with you

 

To find your NHS practice to put you in touch with your local practitioner

Identity data and location data

Necessary in order to perform our contract with you

To provide our service :

  • To allow you to book and consult with your GP or other clinician remotely

  • To allow you to view your medical records

  • To allow you to order repeat medications and receive messages from your practice

Identity data, app sign-up data, patient records (medical data) and technical data

Necessary in order to perform our contract with you

Necessary for the provision of health care or the  management of health care systems and services

To comply with our legal obligations

 

To manage our relationship with you. This includes responding to any questions you may ask us; notifying you of changes to the app; notifying you of any updates to any contractual terms, privacy policies and other relevant information

App sign-up data and contact data

Necessary in order to perform our contract with you

To comply with our legal obligations

Necessary for our legitimate interests – to run our business 

To identify and fix problems if they arise during your use of the app

Contact data and problem report data 

Necessary in order to perform our contract with you

Necessary for our legitimate interests – to run our business

To audit our service

Safety report data. Audit logs

To comply with our legal obligations

Necessary for our legitimate interests – to run our business

Necessary for the provision of health care or the  management of health care systems and services

To send you promotional or marketing materials and contact you about informative and/or commercial content (e.g. new features and services)

Contact data and marketing data

Consent

To send you information about health care services that might be of interest to you or allow our third party research partners to do so (e.g. if your records indicate that you have diabetes, we may let you know about available diabetes services) 

Contact data, patient records, technical data and marketing data

Necessary for the provision of health care or the  management of health care systems and services

Consent

To contact you to ask you to provide feedback, complete surveys or for other market research purposes and to use such information to improve our service

Contact and feedback data

Necessary for our legitimate interest – to analyse and improve our service

Consent

To use cookies to operate and customise our  website, including to:  

  • identify when you use our website

  • recognise you when you return to our website (e.g. we may show you relevant content or provide functionality you used previously)

  • store information about your  preferences 

Technical data

Consent

To share your data with our research partners to assist with carrying out trials and other research projects. 

Patient records

Consent

 

To anonymise (i.e.; remove any personal identifiers) your patient records and share the anonymised data with our research partners. 

Patient records

Consent

 

 

We also act as data processors on behalf of your GP practice:

 

Purpose/ Activity

Type of data

Lawful Basis for processing

To enable the practice to send you an SMS to invite you to use the Nye app, and to provide you with a link for downloading the app

Identity data, Contact data

Necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

To enable the practice to use software supporting audio and video consultations

Identity data, Contact data

Necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller


 

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 receive 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 lawful 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.

Disclosure of your information  

For the purposes set out above, we may share your personal information with the following third parties:

Third party

Detail

NHS practice:

includes your NHS practice (or the NHS practice delivering the service to you) and your GP, clinician or other medical practitioner.

Service providers:

including those who provide:

  • Webhosting, IT and system administration services 

  • VOIP, SMS and other communications services

  • Metrics and analytics

  • Marketing services

Authorities: 

including regulators and other authorities who require reporting of processing activities in certain circumstances. 

Corporate partners:

includes third parties who may invest in our business or to whom we may choose to sell, transfer, or merge parts of our business or our assets. 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 privacy notice.

Research partners:

includes universities and other research institutions we may partner with to carry out research.

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.

International transfers

Your data will primarily be handled and stored within the European Union/European Economic Area (EU/EEA). On occasions, data may be transferred outside of the EU/EEA, for example, if we use a cloud service that has host servers located in another country. If your data is transferred in this way, it is done so under contract, ensuring it is afforded the same degree of protection as under EU law, that is: 

(i) the EU Commission’s decision regarding adequate levels of protection; 

(ii) application of the EU Commission’s standard contract clauses for transfers to third parties;

(iii) that the recipient is covered by the Privacy Shield rules and thus the requirement of an adequate level of protection (applies to transfers to the United States); or 

(iv) other applicable safeguards in order to fulfil applicable data protection legislation.

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

Data Security

We have put in place appropriate security measures in accordance with industry best practice 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. 

All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access our app, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

How long we store your 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.

Below we set out the key retention periods. Further details can be obtained by contacting us.

Data type

How long will you keep my data?

Identity data, app sign-up data, contact data

We will cease processing your data when you cancel your contract with us, or when you request us to stop processing your data. If your account is inactive for a period of 10 years, we will contact you to ask you whether you would like to keep your account active. If we don’t hear back from you within 30 days your account will be closed.  We do not store patient records (medical data)

Problem report data

10 years after you tell us about the issue

Safety report data

10 years after receipt of report

Where we anonymise your personal data (i.e. so that it can no longer be associated with you) for further research or statistical purposes, then we may use this information indefinitely without further notice to you.

Cookies

Our website uses cookies to help it function and to improve it. Cookies are small files saved to the user's device that track, save and store information about the user's interactions and usage of the app. For information about the cookies we use, please see our [Cookie Policy].

Your rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please read through the table below to find out more about these rights.

Your right

What this means

Access to your information 

You have the right to ask for a copy of the information which we hold on you (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.

Correcting personal data

You have the right to request that we correct personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold corrected, though we may need to verify the accuracy of the new data that you provide to us.

It is important that the personal data we hold about you is accurate and current, so please keep us informed if your personal data changes during your relationship with us.

Deleting personal data

You may ask us to delete or remove personal data where there is no good reason for us continuing to process it. This is more commonly known as the 'right to be forgotten'. 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. 

Please note, however, that we may not always be able to comply with your request to delete or remove personal data for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Objecting to processing

You have the right to stop us processing your personal data for direct marketing purposes. We will always inform you if we intend to use your personal data for such purposes, or if we intend to disclose your information to any third party for such purposes. You can usually exercise your right to prevent such marketing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us.

You may also object to us processing 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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Restriction of processing

This enables you to ask us to suspend the processing of your personal data in the following scenarios: 

  • if you want us to establish the data's accuracy; 

  • where our use of the data is unlawful but you do not want us to erase it; 

  • 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 

  • you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Transferring your personal data

In certain circumstances, you may 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. 

Please 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.

Withdrawing consent

Where we are relying on consent to process your personal data you can withdraw your consent at any time. Please note that this will not affect the lawfulness of any processing carried out before you withdraw your consent. 

Review by an independent authority

You will always have the right to lodge a complaint with a supervisory body. The relevant authority in the UK is the Information Commissioner's Office. If you do have a complaint, we would appreciate the chance to deal with your concerns before you approach the ICO, so please do contact us in the first instance if possible.

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

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.

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.

Changes to our privacy policy

Version 2.0

This version was last updated on 18.3.20 by Blythe Wilkinson

Historic versions of this policy can be obtained by contacting us.

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© 2020 by Nye Health Ltd.

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