Ridout House – Privacy Policy for Residents & Applicants 

INTRODUCTION

Ridout House is owned and run by the Caesarea Association, a charity which provides residential care.

We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you contact us via the contact details on this website (regardless of where from) or via our Facebook page, and tells you about your privacy rights and how the law protects you.

You can download a pdf version of this notice here.

Please also use the Glossary (section 10 below) to understand the meaning of some of the terms used in this privacy policy.

 

1.  IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY POLICY

This privacy policy aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide via the contact details links given on this website (including our Facebook page).

Our services are not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy notice or fair processing policy 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 other notices and privacy policies and is not intended to override them.

CONTROLLER

The Caesarea Association is the controller and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy policy). The Caesarea Association is the controller and responsible for this website.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

CONTACT DETAILS

If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: The Caesarea Association

Email address:  info@ridouthouse.com

Postal address: 9 Midvale Road, St. Helier, Jersey JE2 3YR

Telephone number: 01534 730249

You have the right to make a complaint at any time to the Office of the Information Commissioner (OIC), Jersey’s supervisory authority for data protection issues (www.oicjersey.org). We would, however, appreciate the chance to deal with your concerns before you approach the OIC, so please contact us in the first instance.

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

We keep our privacy policy under regular review.

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

This website may include links to third-party websites, plug-ins and applications. Clicking on those links 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 policy 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 follows:

  • Identity Data includes first name(s), maiden name, last name, marital status, title, date of birth and gender.
  • Contact Data includes billing address details, email address and telephone numbers.
  • Financial Data includes benefit entitlement information (if your care fees will be paid in whole or part by the Department of Social Security or any other State agency).
  • Transaction Data includes details about payments from you and other details of care services provided by us, including related correspondence to or from you or with third parties responsible for your care/care fee payments.

We also collect Special Categories of Personal Data about you which includes details about your race or ethnicity or nationality, religious or philosophical beliefs, and information about your health.

Health information may include data concerning your physical and/or mental health (including day-to-day health concerns/medicinal requirements which we should be aware of as part of your care plan, dietary requirements, allergies, drug and alcohol test results and reasons for any short term or long-term treatments or hospitalisations) as well as health and safety and accident records and reports.

We do not collect any information about criminal convictions and offences in relation to residents or prospective residents. We will only collect any information about criminal convictions and offences   in relation to employees and prospective employees in accordance with our legal obligations to establish that they are suitable to work in a residential care home e.g. by carrying out DBS checks.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of an existing residential care contract we have with you (or one you have sought to enter into with us), and if 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. In this case, we may have to suspend performance of the contract with you or the steps we are taking to enter into one with you, but we will 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, Financial Data and Special Category Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This may be done on your behalf by family members or care professionals or government agencies responsible for your care needs (including, if the case, any who may be responsible for paying for our services such as the Social Security Department).

This includes personal data you (or any persons on your behalf) provide when you:

  • apply to become a resident at Ridout House or enquire about our facilities and request marketing information to be sent to you;
  • enter into a contract with us for residential care; or
  • give us feedback or contact us.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
  • government agencies responsible for your care needs (including, if the case, any who may be responsible for paying for our services such as the Social Security Department)
  • health professionals who provide you with medical care or are otherwise responsible for your wellbeing (such as your GP or social worker or any carer assigned to you)
  • your family, spouse or next of kin

 

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.
  • 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 obligation.
  • Where we need to protect your vital interests (e.g. you have a life-threatening medical condition or suffer an accident and we need to give your personal data relating to your health to medical professionals to ensure you receive appropriate treatment).

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

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before using any personal data if we do not have any other lawful basis to do so – see the table below which gives examples of how we may use your data and the lawful basis we will rely on other than consent.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

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.

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/ActivityType of dataLawful basis for processing including basis of legitimate interest
To register your interest in becoming a new resident if you have applied to become one and to register you as a resident if your application is accepted(a) Identity
(b) Contact
(c) Special category data
• Performance of a contract with you
• comply with a legal obligation as a registered residential care provider (to ascertain if your physical and mental health needs can be (and will continue to be) suitably catered for when you apply to or become a resident based on information provided by you or on your behalf for that purpose)
• consent, where you provide for registration purposes any special category data (e.g. health or nationality information)
To process and deliver our services including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(c) Cater for your health requirements (including access to treatments, health professionals and prescribed medications in accordance with any agreed care plan)
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Special Category data
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (e.g. to recover debts due to us)
(c) comply with a legal obligation as a registered residential care provider, including record keeping requirements and requirements to monitor your health needs
To manage our relationship with you which will include:(a) Identity
(b) Contact
(c) Profile
(d) Special Category data
(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)
(d) comply with a legal obligation as a registered residential care provider, including record keeping requirements and requirements to monitor your health needs
(e) protect your vital interests
(f) medical purposes

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.CHANGE OF PURPOSE

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

5.  DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in the table above: Purposes for which we will use your personal data

  • Internal Third Parties as set out in the Glossary.
  • External Third Parties as set out in the Glossary.
  • 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 privacy 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

We do not transfer your personal data outside of Jersey or the European Economic Area (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 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.

 

8.  DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

By law we must keep basic information about our residents (including Contact, Identity, Financial, Transaction Data and care plans) for ten years after they cease being a resident for legal and tax purposes.

We retain any correspondence with the States of Jersey Social Security Department relating to a resident for a period of one year before it is destroyed.

We retain award letters from the States of Jersey Social Security Department relating to a resident for a period of two months from receipt of first payment of care fees by them for that resident before it is destroyed.

We keep fee advice notes relating to a resident for a period of two months from the date of issue before it is destroyed.

In some circumstances you can ask us to delete your data: see your legal rights in section 9 below for further information.

In some circumstances we will 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.

 

9.  YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:

  • 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.

These are explained more fully in the Glossary (section 10 below).

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 could 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 four weeks. Occasionally it could take us longer than four weeks and up to eight weeks if your request is particularly complex or you have made a number of requests. In this case, we will notify you within 4 weeks of your request and keep you updated.

 

10.  GLOSSARY

LAWFUL BASIS

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.

Medical purposes means processing which is necessary and is undertaken by

(a)     a health professional; or

(b)     a person who in the circumstances owes a duty of confidentiality equivalent to that which would arise if that person were a health professional.

and “medical purposes” includes the purposes of preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of healthcare services

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.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Vital Interests means processing your personal data where it is necessary to protect your vital interests or any other natural person.

 

THIRD PARTIES

EXTERNAL THIRD PARTIES

  • Your GP, health professionals, Social Worker and state agencies responsible for your care or well-being acting as joint data controllers
  • Professional advisers acting as processors including our lawyers, bankers, auditors and insurers based in Jersey who provide consultancy, banking, legal, insurance and accounting services.
  • The Taxes Office, Social Security Department, regulators and other authorities acting as processors or joint controllers based in Jersey.

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:

  • 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.
  • 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.