Wellola: Privacy notice for Wellola Talk users
Last updated on July 1st 2021
Wellola Talk is provided by Wellola Limited (“we”, “us”, “our” or “Wellola”), a company registered in England and Wales with company number 11899432 with registered offices at Sovereign House, 212-224 Shaftesbury Avenue, London, WC2H 8HQ, United Kingdom.
Wellola respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
This privacy notice covers the following content:
IMPORTANT INFORMATION AND WHO WE ARE
THE DATA WE COLLECT ABOUT YOU
HOW IS YOUR PERSONAL DATA COLLECTED
HOW WE USE YOUR PERSONAL DATA
DISCLOSURES OF YOUR PERSONAL DATA
YOUR LEGAL RIGHTS
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how Wellola collects and processes your personal data through your use of Wellola Talk.
It is important that you read this privacy notice 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 notice supplements other notices and is not intended to override them.
Wellola as a controller of your personal data
Wellola is a “controller” of certain types of your personal data. As such we are responsible for the following types of personal data provided in connection with your use of Wellola Talk (further information of the types of data listed below can be found in section 2 the data we collect about you):
Wellola as a processor of your personal data
Wellola considers itself to be a “processer” of the types of personal data listed below and as such we must act under the instructions provided by the “controller” of that personal data (further information of the types of data listed below can be found in section 2 the data we collect about you).
Healthcare Data – The relevant healthcare provider who is responsible for your medical data is the controller of your Healthcare Data. Examples include an NHS hospital, your GP or the provider of any private medical services.
Communications Data - The relevant healthcare Service Provider who is responsible information relating to your preferences in receiving information from them.
Transaction Data – The relevant private healthcare Service Provider is the controller of your Transaction Data.
Identity and Contract Data - If you access our service using your NHS login details, the identity verification services are managed by NHS Digital. NHS Digital is the controller for any personal data you provided to NHS Digital to get an NHS login account and verify your identity, and uses that personal data solely for that single purpose. For this personal data, our role is a processor only and we must act under the instructions provided by NHS Digital (as the controller) when verifying your identity. To see NHS Digital’s privacy notice, please click here. This restriction does not apply to the personal data you provide to us separately which is managed in accordance with this privacy notice.
We do not process your Financial Data (i.e. your bank account and payment card details). Financial Data is processed by Stripe in accordance with the terms of Stripe’s privacy notice, which can be found here.
In the event that Wellola is considered to be a controller of any of the above listed personal data this privacy notice will continue to govern how we will use your information.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice.
Questions, comments and requests regarding this privacy notice are welcomed. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our DPO in any one of the following ways:
Email address: firstname.lastname@example.org
Postal address: Wellola Limited, Sovereign House, 212-224 Shaftesbury Avenue, London, WC2H 8HQ, United Kingdom.
Telephone number: +442039661698
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 (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
We keep our privacy notice under regular review. This version was last updated on July 1st, 2021 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.
LINKS TO THIRD-PARTY WEBSITES
Our website 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 websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit. For the avoidance of doubt, your failure to comply with any third-party statements shall not result in any liability to or for us.
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 from which and individual is not identifiable (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
Identity Data including first name, last name, username or similar identifier, date of birth.
Contact Data including address, email address and telephone numbers and contact details for medical care giver.
Technical Data including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Wellola Talk via our website or app or your Service Provider’s websites.
Usage Data including information about how you use our website/app, products and services.
If you are a Patient then we may also collect, store and transfer the following:
Healthcare Data including (but not limited to) appointments, health history, diagnoses, symptoms, medications, allergies, measurements such as heart rate, laboratory test results.
Transaction Data including details about payments to and from you and a Service Provider, processed through Stripe (for private healthcare Service Providers only).
Communications Data including your preferences in receiving information from Service Providers (e.g. your healthcare provider)
If you are from a Service Provider then we may also collect, use, store and transfer the following:
Business Data including company forms, resources, branding, logo, website, employees and their contact details.
Transaction Data including details about payments made by a Patient to the Service Provider processed through Stripe (for private healthcare Service Providers only) and other details of products and services the Service Provider has purchased from us.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and 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 cancel a service you have with us 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 or a Service Provider may give us your personal data directly.
Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
Contact and Transaction Data from providers of technical, payment and delivery services such as Stripe.
Technical Data from our public-facing website only from the following parties:
Analytics providers such as Google (based outside the EEA).
If you are a Patient, we will receive and store Healthcare Data from third parties who are not your Service Provider (for example where your hospital is the Service Provider, your GP would be a third party) where you have given your consent for us to do so. However, we do not access your Healthcare Data and all Healthcare Data is encrypted and held on secure servers. Wellola simply provides the platform through which you, as the Patient or the Service Provider, can see the Healthcare Data collected from the third party.
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 for the delivery of services 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. (The basis for our legitimate interests are set out in the table below.)
Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email, text message or via the app or obtaining medical information from third parties (e.g. your GP, hospital or other healthcare organisations who are not your Service Provider) to make this information available to you. You have the right to amend communication preferences and withdraw your consent at any time via your Wellola Talk account settings or by contacting us at email@example.com.
If you are a Patient using Wellola Talk you will be able to see some of your medical records. This is your Healthcare Data and it is visible because we have established a secure and encrypted link to your Service Providers electronic record system (and potentially other third party healthcare providers if you have given your consent for us to do so). However, we do not access your Healthcare Data and will never view the contents of your medical information.
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 might process 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 at firstname.lastname@example.org 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.
Promotional offers from us
We may use your Identity, Contact, Technical and Usage Data to form a view on what we think you may want or need or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).
We will never use your Healthcare Data for this purpose.
You will only receive marketing communications from us if you have requested information from us or used Wellola Talk and, in each case, you have opted in to receive that marketing.
You can ask us to stop sending you marketing messages at any time via your Wellola Talk account settings or by contacting us at email@example.com.
Change of purpose
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 firstname.lastname@example.org
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 have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
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 notice.
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 third parties 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.
We may also need to make disclosures in compliance with lawful requests by regulatory bodies including, for example, the Information Commissioner’s Office, the General Medical Council, MHRA, and Care Quality Commission, or as otherwise required by law or regulation.
Disclosures applicable to Patients
If you are a Patient and you have given consent for us to do so, we will send the consultation notes that Service Providers take during your use of private services to your NHS GP (for minors, we will share such notes, in line with medical guidelines, without such consent).
6. INTERNATIONAL TRANSFER
Your data will not be processed or stored outside of the UK and 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 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.
We keep basic information about our users (including Contact, Identity, Financial and Transaction Data) for six years after they cease being users for legal and tax purposes.
All Healthcare Data cached (made visible to you) from remote electronic patient record systems is deleted 14 days after your last login to Wellola Talk whilst you actively use Wellola Talk or until such time as you request deletion of your account.
Your account will be deleted within 48 hours of request.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may 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.
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. For example we will not normally delete information from medical records because this information is held on the relevant healthcare provider’s electronic patient record system.
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: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) 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. Any requests in relation to Healthcare Data should be made to the relevant healthcare provider who holds that information.
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 services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us via email@example.com.
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 may 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 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.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Consent means where you have freely given a specific, informed and unambiguous indication of your agreement, by a statement or clear affirmative action, to us processing your personal data.
External Third Parties
GPs or other NHS bodies, specialist referral services, therapists, pharmacists, hospitals, accident and emergency services, pathology service providers, diagnosis centres and other health and care bodies.
Service providers including Google, AWS and Stripe who provide IT, system administration and payment services.
Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
Regulatory bodies such as the General Medical Council, MHRA, and Care Quality Commission.
Necessary for health or social care purposes means where the processing is necessary for the purposes of:
preventive or occupational medicine
the assessment of the working capacity of an employee
the provision of health care or treatment
the provision of social care, or
the management of health care systems or services or social care systems or services.
Patient means a user of Wellola Talk where that user is not an employee or agent of a Service Provider.
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.
Service Provider means means the provider of the relevant services available to Patients via Wellola Talk.