Data protection and Privacy policy for Karen Lordan
Data Protection Policy
1. Introduction
1.1 Purpose of Policy
Karen Lordan (Personal Growth Therapist) needs to gather and use certain information about individuals.
These can include:
Clients
Other people that the organisation has a relationship with or may need to contact
This policy describes how this personal data will be collected, handled and stored to comply with the General Data Protection Regulation.
1.2 Policy Statement
Karen Lordan is committed to a policy of protecting the rights and privacy of clients and others in accordance with General Data Protection Regulation.
Karen Lordan commits to:
· comply with both the law and good practice
· respect individuals’ rights
· be open and honest with individuals whose data is held
· comply with the Data Protection Commissioner
1.3 Personal Data
Karen Lordan may hold data for the following purposes:
- Provision of direct healthcare
- Marketing and newsletters
Special categories of data included race, ethnic origin, politics, religion, trade union membership, genetics, biometrics (where used for ID purposes), health and sexual orientation.
Karen Lordan may hold special category data for the for the following purposes:
- Provision of direct healthcare
1.4 Data Protection Principles
There are six data protection principles that are core to the General Data Protection Regulation. Karen Lordan will make every possible effort to comply with these principles at all times in our information-handling practices. The principles are:
1) Lawful, fair and transparent
Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.
2) Limited for its purpose
Data can only be collected for a specific purpose.
3) Data minimisation
Any data collected must be necessary and not excessive for its purpose.
4) Accurate
The data we hold must be accurate and kept up to date.
5) Retention
We cannot store data longer than necessary.
6) Integrity and confidentiality
The data we hold must be kept safe and secure.
1.5 Key risks
The main risks are in two key areas:
· information about individuals getting into the wrong hands, through poor security or inappropriate disclosure of information
· individuals being harmed through data being inaccurate or insufficient
2 Responsibilities
Karen Lordan is the data controller for all personal data held and is responsible for:
• Analysing and documenting the type of personal data held
• Checking procedures to ensure they cover all the rights of the individual
• Identifying the lawful basis for processing data
• Ensuring consent procedures are lawful
• Implementing and reviewing procedures to detect, report and investigate personal data breaches
• Storing data in safe and secure ways
• Assessing the risk that could be posed to individual rights and freedoms should data be compromised
3 Data Recording, Security and Storage
3.1 Data accuracy and relevance
Karen Lordan will ensure that any personal data I process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. I will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
3.2 Data security
Karen Lordan will keep personal data secure against loss or misuse.
3.3 Storing data securely
• In cases when data is stored on printed paper, it will be kept in a secure place where unauthorized personnel cannot access it
• Printed data will be shredded when it is no longer needed
• Data stored on a computer will be protected by strong passwords that are changed regularly.
• Data stored on memory sticks will be encrypted or password protected and locked away securely when they are not being used
• Servers containing personal data must be kept in a secure location, away from general office space
• Data will be regularly backed up.
• All servers containing sensitive data must be protected by security software.
• All possible technical measures will be put in place to keep data secure
3.4 Data retention
Karen Lordan will retain personal data for no longer than is necessary. This shall be in accordance with the guidelines of our professional association, NTOI.
4 Accountability and Transparency
Karen Lordan will ensure accountability and transparency in all my use of personal data. I will keep written up-to-date records of all the data processing activities that I do and ensure that they comply with each of the GDPR principles.
5 Consent
Karen Lordan will ensure that consents are specific, informed and plain English such that individuals clearly understand why their information will be collected, who it will be shared with, and the possible consequences of them agreeing or refusing the proposed use of the data. Consents will be granular to provide choice as to which data will be collected and for what purpose. I will seek explicit consent wherever possible.
I will regularly review consents and seek to refresh them regularly or if anything changes.
6 Direct Marketing
Karen Lordan will comply with both data protection law and Privacy and Electronic Communication Regulations 2003 (PECR) when sending electronic marketing messages. PECR restricts the circumstances in which we can market people and other organisations by phone, text, email or other electronic means.
I will seek explicit consent for direct marketing. We will provide a simple way to opt out of marketing messages and be able to respond to any complaints.
7 Subject Access Requests
7.1 What is a subject access request?
An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice.
7.2 How to deal with subject access requests
Karen Lordan will provide an individual with a copy of the information requested, free of charge. This will occur within one month of receipt. I endeavour to provide data subjects access to their information in commonly used electronic formats.
If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual will be informed within one month.
I can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting.
Once a subject access request has been made, we will not change or amend any of the data that has been requested. Doing so is a criminal offence
7.3 Data portability request
I will provide the data requested in a structured, commonly used and machine-readable format. This would normally be a PDF file, although other formats are acceptable. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to within one month.
8 Transferring data internationally
There are restrictions on international transfers of personal data. I will not transfer personal data abroad without express consent.
9 Third Parties
9.1 Using third party controllers and processors
As a data controller and/or data processor, I will have written contracts in place with any third-party data controllers (and/or) data processors that I use. The contract will contain specific clauses which set out our and their liabilities, obligations and responsibilities.
As a data controller, I will only appoint processors who can provide sufficient guarantees under GDPR and that the rights of data subjects will be respected and protected.
As a data processor, I will only act on the documented instructions of a controller. I acknowledge my responsibilities as a data processor under GDPR and I will protect and respect the rights of data subjects.
9.2 Contracts
My contracts will comply with the standards set out by the Data Protection Commissioner and, where possible, follow standard contractual clauses. My contracts with data controllers (and/or) data processors will set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.
10 Reporting breaches
Any breach of this policy or of data protection laws will be reported as soon as practically possible. This means as soon as I become aware of a breach.
Karen Lordan has a legal obligation to report any data breaches to Data Protection Commissioner.
Privacy policy for Karen Lordan
Karen Lordan holds some information about you. This document outlines how that information is used, who I may share that information with and how I keep it secure. This notice does not provide exhaustive detail. However, I am happy to provide any additional information or explanation as needed. Any requests for this should be sent to the karen@karenlordan.com. I keep my Privacy Notice under regular review. This Privacy Notice was last reviewed in July 2020
1. What I Do
Karen Lordan is a Personal Growth Therapist. I provide a 1-1 program over 6 months called ‘Freedom to live your dream life’. I help women who are stuck, overwhelmed or sick of dieting to connect to their power and live the life they always dreamed of. In this program I use the following modalities including intuitive eating, mindful self compassion, polyvagal theory, chakra balance and Australian bush flower essences.
2. How I Obtain Your Personal Data
Information provided by you
You provide me with personal data in the following ways:
By completing an intake form, questionnaires, daily life logs,workbooks and worksheets
By signing a terms of engagement form and consent form
During the 6 month 1-1 program on line (via zoom) or in person
Through email
By making payment through paypal
This may include the following information:
details such as name, address, contact details and next of kin
details of contact I have had with you such as referrals and appointment requests
health information including your previous medical history, dietary, lifestyle, supplement and medicine details, notes taken at each session
GP contact information
I use this information in order to provide you with direct healthcare. This means that the legal basis for me holding your personal data is for legitimate interest.
Following completion of the 6 month program I will retain your personal data for the period defined by our professional association, NTOI which is at least 7 years. This enables me to process any follow up you may make. In this case the legal basis for me holding your personal data is to facilitate our terms of engagement.
Information we get from other sources
I may obtain sensitive information from other healthcare providers. The provision of this information is subject to you giving me your express consent. If I do not receive this consent from you, I will not be able to coordinate your healthcare with that provider which means the healthcare provided by me may be less effective.
3. How I use your personal data
I act as a data controller for use of your personal data to provide direct healthcare. I also act as a controller and processor in regard to the processing of your data from third parties such as other healthcare providers.
I undertake at all times to protect your personal data, including any health and contact details, in a manner which is consistent with our duty of professional confidence and the requirements of the General Data Protection Regulation (GDPR) concerning data protection.
I will also take reasonable security measures to protect your personal data storage.
I may use your personal data where there is an overriding public interest in using the information e.g. in order to safeguard an individual, or to prevent a serious crime. Also where there is a legal requirement such as a formal court order as per Law of Irish Republic.
4. Do you share my information with other organisations?
I will keep information about you confidential. I will only disclose your information with other third parties with your express consent with the exception of the following categories of third parties:
- For the processing of a complaint made by you
- Anyone to whom I may transfer my rights and duties under any agreement I have with you
- Any legal or crime prevention agencies and/or to satisfy any regulatory request. Where there is a legal requirement to do so
I will seek your express consent before sharing your information with your GP or other healthcare providers. However if I believe that your life is in danger then I may pass your information onto an appropriate authority (such as the police, social services in the case of a child or vulnerable adult, or GP in case of self-harm) using the legal basis of vital interests.
5. What are your rights?
Every individual has the right to see, amend, delete or have a copy, of data held that can identify you, with some exceptions. You do not need to give a reason to see your data.
If you want to access your data you must make a subject access request in writing to karen@karenlordan.com. Under special circumstances (specific regulatory), some information may be withheld. I shall respond within 20 working days from the point of receiving the request and all necessary information from you. Our response will include the details of the personal data I hold on you including:
- Sources from which I acquired your information
- The purposes of processing the information
- Persons or entities with whom I shared your information, with your consent.
You have the right, subject to legal exemptions, to ask to:
· Have your information deleted
· Have your information corrected or updated where it is no longer accurate
· Ask me to stop processing information about you where I am not required to do so by law.
· Receive a copy of your personal data, which you have provided to me, in a structured, commonly used and machine readable format and have the right to transmit that data to another controller, without hindrance from me.
· Object at any time to the processing of personal data concerning you
We do not carry out any automated processing, which may lead to automated decision based on your personal data.
If you would like to invoke any of the above rights then please write to Karen Lordan at the following email address(karen@karenlordan.com)
6. What safeguards are in place to ensure data that identifies me is secure?
I only use information that may identify you in accordance with GDPR. This requires us to process personal data only if there is a legitimate basis for doing so and that any processing must be fair and lawful.
I also ensure the information I hold is kept in secure locations, restrict access to information to authorised personnel only, protect personal and confidential information held on equipment such as laptops with strong passwords. I ensure external data processors that support me are legally and contractually bound to operate and prove security arrangements are in place where data that could or does identify a person are processed (see data protection section 3.3)
7. How long do you hold confidential information for?
All records held by Karen Lordan will be kept for at least 7 years as per guidance from NTOI. The NTOI (Nutritional Therapists of Ireland) is a professional association of which I am a member.
8. Website communication
a. Forms
We do use electronic forms on our website making use of an available ‘forms module’ which has a number of built-in features to help ensure privacy. We also aim to use secure forms where appropriate.
b. In compliance with EU legislation, the following list uses cookies on this website:
Google analytics
On my website I have enabled cookies.
Cookies are small. We do not make use of cookies to collect any private or personally identifiable information. The technical platform of this website uses cookies solely to aid the proper technical functioning of the website. The cookies used contain random strings of characters alongside minimal information about the state and session of the website – which in no way collects or discloses any personal information about you as a visitor.
Advanced areas of this site may use cookies to store your presentation preferences in a purely technical fashion with no individually identifiable information. Note also our statement on analytics software below – as analytics software also uses cookies to function.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout
9. Analytics
Like most websites, we make use of analytics software in order to help us understand the trends in popularity of our website and of different sections. I make no use of personally identifiable information in any of the statistical reports we use from this package. I use an analytics package called Google Analytics who provide details of their privacy policy on the Google website.
10. Complaints
If you have a complaint regarding the use of your personal data then please contact Karen Lordan at the following email address karen@karenlordan.com and I will do my best to help you.
If your complaint is not resolved to your satisfaction and you wish to make a formal complaint then contact the Data Protection Commissioner at www.dataprotection.ie