About Oviva

Company name: Oviva UK Limited
Registered Number: 9667784
Registered Office Address: Ground Floor, 3 Risborough Street, London, SE1 0HF, United Kingdom
Company Registration: England and Wales

Privacy Notice for the Healthier You National Diabetes Prevention Programme Digital Service

Scope and overview

This privacy notice applies to you when you chose to enroll with the Healthier You National Diabetes Prevention Programme via the digital programme.

This is joint privacy notice issued on behalf of the controllers Pulse Healthcare Limited trading as Health and Wellbeing and Oviva Uk Limited.

When we mention “we”, “us” or “our” in this privacy notice, we are referring to Pulse Healthcare Limited and/or Oviva Uk Limited

Please contact us using the details below if you have any questions about this privacy notice or personal data we use about you:

It has been agreed that Pulse Healthcare Limited will be your point of contact. Please contact us using the details below if you have any questions about this privacy notice or personal data we use about you:

  • – by email to: dpo@ukics.com; or
  • – by writing to: Data Protection Officer, ICSG Ltd, 223 Pentonville Road, London, N1 9NG

If you have any concerns about the personal data we use about you, 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, by contacting them at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please feel free to contact us in the first instance.

We regularly review this privacy notice and will update it where necessary. We will notify you of any significant changes and provide you with a copy. This privacy notice was last updated on 26/07/2019.

1. When will this privacy notice apply?

This privacy notice will apply when you decline the face-to -face Healthier You programme and wish to join the digital Healthier You programme.

We are committed to ensuring that your privacy is protected. If you provide us with personal data, you can be assured that it will only be used in accordance with this privacy notice.

2. What is the lawful basis for using your personal data?

As joint controllers it means that Pulse Healthcare Limited and Oviva Uk Limited will both use your personal data and will jointly determine how is it is used.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data for purposes below. These are called the lawful basis for processing.

  • – Processing is necessary for the performance of a public task carried out in the public interest or in the exercise of official authority vested in the controller – by processing your data we are able to provide the public task of health promotion and disease prevention under the Social Care Act 2012
  • – Legitimate Interests – processing is necessary for the purpose of the legitimate interests pursued by us or a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data

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 in this privacy notice.

The table below sets out the personal data that we collect and use about you and the lawful basis we will rely on as set out above.

 

Personal data we obtain Purpose for processing Lawful basis
Basic contact details: 

full legal name;

telephone number; 

email address; and 

postal address*

  • To be enable you to have a preference as to how we contact you
  • To enable us to communicate and manage our relationship with you while we deliver the programme to you 
The performance of a public task carried out in the public interest or in the exercise of official authority vested in the controller  
NHS Number *
  • To ensure eligibility to the programme 
  • To have a unique identifier for yourself when we communicate with you
The performance of a public task carried out in the public interest or in the exercise of official authority vested in the controller  
Date of birth*
  • To ensure eligibility to the programme, as you must be over the age of 18
The performance of a public task carried out in the public interest or in the exercise of official authority vested in the controller  
Preferred Language*
  • To ensure that we can communicate with you effectively while we deliver the programme to you 
The performance of a public task carried out in the public interest or in the exercise of official authority vested in the controller  
Gender 
  • To monitor results for demographics and improve our services in the future   
Legitimate Interests 
Employment status 
  • To monitor results for demographics and improve our services in the future   
Legitimate Interests
Martial status 
  • To monitor results for demographics and improve our services in the future   
Legitimate Interests
Accommodation status  
  • To monitor results for demographics and improve our services in the future   
Legitimate Interests
Activity information (if you choose to share it with us.  This could be shared manually or from connected external apps, e.g. Fitbit, Apple HealthKit, Google Fit)
  • To enable us to present information to you on your progress against activity related goals
  • To support you in achieving your activity related goals set with your health coach
  • To inform your health coach of your progress against activity related goals discussed during your coaching appointments
The performance of a public task carried out in the public interest or in the exercise of official authority vested in the controller  
3. What personal data must you provide to us as part of a statutory/regulatory or contractual requirement?

In certain circumstances you may be obliged to provide us with personal data for us to be able to enrol and maintain you on the programme. Where this is the case we have identified these instances in the table above with an “*.” If you fail to provide the personal data when requested, we may not be able to accept you onto the programme or continue to offer the service once you are enrolled.

4. What special category data do we process about you?

Throughout your initial referral and throughout the programme, it will be necessary for us to collect and use personal data about your medical history, details relating to the programme, such as your weight and details of your ethnic origin. This information is called “special category data.” We will only process special category data when necessary for the provision or the treatment of health or social care.

5. How long do we keep your personal data for?

We will only keep your personal data for as long as is necessary for the purposes for which it was collected. In order to determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of your personal data. We will also consider legal and regulatory requirements. Under the Record Management Code of Practice for Health and Social Care 2016, we may keep your data for up to thirty years post discharge of the programme.

6. Will we share your data with third parties?

As well as your data being shared between Pulse Healthcare Limited and Oviva UK limited we will also share your personal data with the below third parties:

  • – Your GP, who made the original referral to us;
  • – NHS England, who have commissioned the Healthier You service. Our professional advisors including solicitors, insurers;
  • – Auditors;
  • – Third parties who provide operational services for us, online platform providers; or
  • – 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.

We require all third parties to respect the security of your personal data and to treat it in accordance with data protection laws. Where we share your personal data with third parties who provide operational services to us, we only permit them to process your personal data for specified purposes in accordance with our instructions.

7. Will we transfer your data outside of the European Economic Area?

Your data will be processed, via Oviva Uk Limited, in Switzerland. Though Switzerland is outside of the European Economic Area it has been deemed to provide an adequate level of protection for personal data by the European Commission.

8. How do we safeguard your personal data?

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, altered, disclosed, used or accessed in an unauthorised way.

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.

In addition, we limit access to your personal data to only those who have a business need to know and they will only process your personal data on our instructions and they are subject to a duty of confidentiality.

9. What rights do you have in relation to your personal data?

You have the following data protection rights when we use your personal data:

a) Your right to request access to your personal data – this enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

b) Your right to request correction of the personal data that we hold about you – this enables you to have any incomplete or inaccurate personal data we hold about you corrected, though we may need to verify the accuracy of the new personal data you provide to us.

c) Your right to 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 under Section (d) 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.

d) Your right to object to processing of your personal data – this enables you to object to the processing of your personal data where we are relying on the performance of a public task carried out in the public interest or in the exercise of official authority vested in the controller or Legitimate Interests and there is something about your 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.

e) Your right to 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 personal data is unlawful but you do not want us to erase it; (c) where you need us to hold the personal 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 personal data but we need to verify whether we have overriding legitimate grounds to use it.

f) Your right to withdraw consent – this right arises 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.

If you would like to exercise any of these rights, please email dpo@ukics.com. In most cases we will deal with your request as soon as possible and at the latest within one calendar month of the request. If we need to extend the time period for responding to your request, we will let you know within the one-month period. We do not charge a fee for any such requests, unless there are exceptional circumstances.