1. Introduction

1.1 Purpose of Policy

foodhugs needs to gather and use certain information about individuals. These can include clients, suppliers and other people 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

foodhugs is committed to a policy of protecting the rights and privacy of clients and others in accordance with General Data Protection Regulation and will comply with both the law and good practice, respect individuals’ rights, be open and honest with individuals whose data is held and be compliant with the Data Protection Commissioner.

1.3 Personal Data

foodhugs may hold data for the following purposes:

• Provision of direct healthcare for private nutritional therapy clients

• Marketing and newsletters

• Case histories

foodhugs does not collect the following data for any of the use outlined above; special categories of data included race, ethnic origin, politics, religion, trade union membership, genetics, biometrics (where used for ID purposes), health and sexual orientation. foodhugs may hold special category data 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. foodhugs will make every possible effort to comply with these principles at all times in our information-handling practices.

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

foodhug’s owner, Helen Cassidy, is the data controller for all personal data held by us 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

foodhugs will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We 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

foodhugs will keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, we will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third-party organisations.

3.3 Storing Data Securely

In cases when data is stored on printed paper, it will be kept in a secure place where unauthorised 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. Cloud services used to store personal data will be assessed for compliance with GDPR principles. 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

foodhugs 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

foodhugs will ensure accountability and transparency in all our use of personal data. We will keep written up-to-date records of all the data processing activities that we do and ensure that they comply with each of the GDPR principles.

5 Consent

foodhugs will ensure that consents are specific, informed and plain English so 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. We will seek explicit consent wherever possible.

We will maintain an audit trail of consent by documenting details of consent received including who consented, when, how, what, if and when they withdraw consent. We will regularly review consents and seek to refresh them regularly or if anything changes.

6 Direct Marketing

foodhugs 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.

We 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

foodhugs will provide an individual with a copy of the information requested, free of charge. This will occur within one month of receipt. We 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.

We 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 Requests

We 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. We 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, we will have written contracts in place with any third-party data controllers (and/or) data processors that we use. The contract will contain specific clauses which set out our and their liabilities, obligations and responsibilities.

As a data controller, we 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, we will only act on the documented instructions of a controller. We acknowledge our responsibilities as a data processor under GDPR and we will protect and respect the rights of data subjects.

9.2 Contracts

Our contracts will comply with the standards set out by the Data Protection Commissioner and, where possible, follow standard contractual clauses. Our 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 we become aware of a breach. foodhugs has a legal obligation to report any data breaches to Data Protection Commissioner.

11 PRIVACY NOTICE FOODHUGS

foodhugs holds some information about you. This document outlines how that information is used, who we may share that information with and how we keep it secure. This notice does not provide exhaustive detail. However, we are happy to provide any additional information or explanation needed.

Any requests for this should be sent to foodhugs@gmail.com. We keep our Privacy Notice under regular review. This Privacy Notice was last reviewed in October 2018.

What We Do

foodhugs provides Nutritional Therapy and Health Coaching services to clients to improve their health through diet and lifestyle interventions. Through Nutritional Therapy consultations, dietary and lifestyle analysis and biochemical testing, we aim to understand the underlying causes of your health issues which we will seek to address through personalised dietary therapy, nutraceutical prescription (supplements) and lifestyle advice.

Foodhugs also provides workshops, talks and presentations as well as online programmes from time to time.

How We Obtain Your Personal Data – Information provided by you

You provide us with personal data in the following ways:

• By completing a nutritional therapy questionnaire

• By signing a terms of engagement form

• During a nutritional therapy consultation

• Through email, over the telephone or by post

• By taking credit card and online payment (i.e. via PayPal)

• This may include the following information, depending on the particular service from us you engage with:

• basic details such as name, address, contact details and next of kin

• details of contact we have had with you such as referrals and appointment requests

• health information including your previous medical history, dietary, lifestyle, supplement and medicine details, biochemical test results, clinic notes and health improvement plans

• GP contact information

• Bank details

We use this information in order to provide you with direct healthcare. This means that the legal basis of our holding your personal data is for legitimate interest. Following completion of your healthcare we retain your personal data for the period defined by our professional association, NTOI. This enables us to process any complaint you may make. In this case the legal basis of our holding your personal data is for contract administration.

Information We Get From Other Sources

We may obtain sensitive medical information in the form of test results from biochemical testing companies. We use this information in order to provide you with direct healthcare. This means that the legal basis of our holding your personal data is for legitimate interest.

We may obtain sensitive information from other healthcare providers. The provision of this information is subject to you giving us your express consent. If we do not receive this consent from you, we will not be able to coordinate your healthcare with that provided by other providers which mean the healthcare provided by us may be less effective.

How We Use Your Personal Data

We act as a data controller for use of your personal data to provide direct healthcare. We also act as a controller and processor in regard to the processing of your data from third parties such as testing companies and other healthcare providers. We act as a data controller and processor in regard to the processing of credit card and online payments.

We 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. We will also take reasonable security measures to protect your personal data storage.

We 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. We may use your data for marketing purposes such as newsletters but this would be subject to you giving us your express consent.

Do you share my information with other organisations?

We will keep information about you confidential. We will only disclose your information with other third parties with your express consent with the exception of the following categories of third parties:

• Our professional body NTOI, for the processing of a complaint made by you

• Any contractors and advisors that provide a service to us or act as our agents on the understanding that they keep the information confidential

• Anyone to whom we may transfer our rights and duties under any agreement we have with you

• Any legal or crime prevention agencies and/or to satisfy any regulatory request, if we have a duty to do so or if the law allows us to do so.

• We may share your information with supplement companies and biochemical testing companies as part of providing you with direct healthcare. We will not include any sensitive information.

We will seek your express consent before sharing your information with your GP or other healthcare providers. However, if we believe that your life is in danger then we 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. We may share your case history in an anonymised form with our peers for the purpose of professional development. This may be at clinical supervision meetings, conferences, online forums, and through publishing in medical journals, trade magazines or online professional sites. We will seek your explicit consent before processing your data in this way.

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 foodhugs@gmail.com.

Under special circumstances, some information may be withheld. We shall respond within 30 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 we hold on you including:

• Sources from which we acquired the information

• The purposes of processing the information

• Persons or entities with whom we are sharing the information

You have the right, subject to exemptions, to ask to:

• Have your information deleted

• Have your information corrected or updated where it is no longer accurate

• Ask us to stop processing information about you where we are not required to do so by law or in accordance with the NTOI guidelines.

• Receive a copy of your personal data, which you have provided to us, in a structured, commonly used and machine readable format and have the right to transmit that data to another controller, without hindrance from us.

• 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 the Data Controller, Helen Cassidy, via email foodhugs@gmail.com.

What safeguards are in place to ensure data that identifies me is secure?

We 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.

Within the health sector, we also have to follow the common law duty of confidence, which means that where identifiable information about you has been given in confidence, it should be treated as confidential and only shared for the purpose of providing direct healthcare. We will protect your information, inform you of how your information will be used, and allow you to decide if and how your information can be shared.

We also ensure the information we 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 encryption (which masks data so that unauthorised users cannot see or make sense of it). We ensure external data processors that support us 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.

How long do you hold confidential information for?

All records held by the foodhugs will be kept for the duration specified by guidance from our professional association NTOI. In this case it is a minimum of 7 years.

Website Technical Details

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.

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. We make no use of personally identifiable information in any of the statistical reports we use from this package. We use an analytics package called Google Analytics who provide details of their privacy policy on the Google website.

Complaints

If you have a complaint regarding the use of your personal data then please contact us by writing to the Data Controller via email foodhugs@gmail.com.

If your complaint is not resolved to your satisfaction and you wish to make a formal complaint to the Data Protection Commissioner at www.dataprotection.ie

** This Policy was updated October 2018 **