It also tells you about your privacy rights and how the law protects you.
2. Our website, our clinic and the Skin&Spirit company
Our website at www.skinandspirit.co.uk sells skincare, beauty and associated holistic and healthcare products which are aimed at the general public. In addition, through our website, you can request contact, more information or request an appointment for our clinic-based treatments and services, which include advanced clinical aesthetics treatments, skincare treatments and counselling. This website is not intended for children aged under 16 and we do not knowingly collect data relating to children.
Skin&Spirit is a trading name of the legal entity BCS Clinical Consulting Limited, which is a registered Limited company in England and Wales (Company No. 07767226). The registered address (and location of the clinic) is:
· 43 Mill Street, Clowne, Chesterfield, Derbyshire, S43 4JN England, UK.
BCS Clinical Consulting Ltd is the data controller responsible for the Skin&Spirit website and any handling of personal data carried out by or on behalf of Skin&Spirit. BCS Clinical Consulting Ltd is registered with the Information Commissioner’s Office (ICO) under registration no A8298741.
3. Personal data which we collect about you
Personal data, or personal identifiable information (PII), 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 collect a variety of information about our customers and visitors to the Skin&Spirit website. This personal data falls into these categories:
Identity Data includes title, first name, last name, username or similar identifier and an encrypted version of your login/password. If you interact with us through social media, this may include your social media user name.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes PayPal username. We do not store credit card details nor do we share financial details with any 3rd parties.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Profile Data includes your username and password, purchases or orders made by you, preferences, feedback and survey responses, as well as any profile data which we have added (for example, using analytics and profiling).
Technical Data includes 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 this website.
Usage Data includes information about how you use our website, products and services.
Tracking Data includes information we or others collect about you from cookies and similar tracking technologies, such as web beacons, pixels, and mobile identifiers.
Marketing and Communications Data includes your preferences in receiving direct marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you via our website (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We do, however, collect and retain Special Categories of Personal Data about you in relation to provision of our clinic-based aesthetics, skincare, health (including mental health) and beauty services. This will include personal identifiable information about you, your health, your relevant medical, mental health, social and family history (including past and current diagnoses, conditions, medications, treatments, procedures, products, allergies, hypersensitivities), your general practitioner (GP), next of kin and may include details about your race or ethnicity. We will also complete a risk assessment with you as a standard part of your consultation and treatment; this is to ensure patient safety. We will only ever request and retain this information as part of good clinical practice and record keeping in relation to the specific Skin&Spirit treatment or service requested. We will never request this detailed information via our website www.skinandspirit.co.uk. All information requests shall be part of the patient consultation process (which may commence with an initial telephone or email contact between the Skin&Spirit clinic and you, eg. to set up an appointment, request patient specific information or begin a consultation). All person identifiable information collected as part of clinical care will be securely stored, retained and accessed according to Skin&Spirit’s IT Security Policy, which is compliant to the European Union (EU) General Data Protection Regulation (GDPR), the Data Protection Act (1998) and the Information Commissioner’s Office (ICO) codes of conduct. Although Skin&Spirit is not an NHS organisation, we also seek to be compliant to the level of standard put forward by the NHS for protection of identifiable patient data, eg. the NHS Information Governance Toolkit (IGTK) and Caldicott principles.
Sensitive personal data related to your health will only be disclosed to those involved with your treatment or care, or in accordance with UK laws and guidelines of professional bodies or for the purpose of clinical audits (unless you object). Further details on how we use health related personal data are given below. We will only use your sensitive personal data for the purposes for which you have given us your explicit consent to use it. Please note that, although we have set out the purposes for which we may use your personal data below, we will not use your sensitive personal data for those purposes unless you have given us your explicit consent to do so.
Health information collected during provision of treatment or services
External practitioners: If we refer you externally for treatment, we will share with the person or organisation that we refer you to, the clinical and administrative information we consider necessary for that referral. It will always be clear when we do this.
Your GP: If the practitioners treating you believe it to be clinically advisable, we may also share information about your treatment with your GP. You can ask us not to do this, in which case we will respect that request if we are legally permitted to do so, but you should be aware that it can be potentially very dangerous and/or detrimental to your health to deny your GP full information about your medical history, and we strongly advise against it.
Your insurer: We share with your medical insurer information about your treatment, its clinical necessity and its cost, only if they are paying for all or part of your treatment with us. We provide only the information to which they are entitled. If you raise a complaint or a claim we may be required to share personal data with your medical insurer for the purposes of investigating any complaint/claim.
The NHS: If you are referred to us for treatment by the NHS, we will share the details of your treatment with the part of the NHS that referred you to us, as necessary to perform, process and report back on that treatment.
Medical regulators: We may be requested – and in some cases can be required – to share certain information (including personal data and sensitive personal data) about you and your care with medical regulators such as the General Medical Council or the Nursing and Midwifery Council; for example, if you make a complaint, or the conduct of a medical professional involved in your treatment is alleged to have fallen below the appropriate standards and the regulator wishes to investigate. We will ensure that we do so within the framework of the law and with due respect for your privacy.
From time to time we may also make information available on the basis of necessity for the provision of healthcare, but subject always to patient confidentiality.
In an emergency and if you are incapacitated, we may also process your personal data (including sensitive personal data) or make personal data available to third parties on the basis of protecting your ‘vital interest’ (ie. your life or your health).
We will use your personal data in order to monitor the outcome of your treatment by us and any treatment associated with your care, including any NHS treatment.
We may participate in national audits and initiatives to help ensure that patients are getting the best possible outcomes from their treatment and care. The highest standards of confidentiality will be applied to your personal data in accordance with the EU GDPR and local data protection laws and confidentiality. Any publishing of this data will be in anonymised, statistical form. Anonymous or aggregated data may be used by us, or disclosed to others, for research or statistical purposes.
Remember, if you choose not to share personal data with us, or refuse certain contact permissions, we might not be able to provide the products, treatments and services you’ve asked for. Skin&Spirit will always provide you with a transparent explanation of when and how we collect, store (and in exceptional cases as outlined above), share your data in writing as part of the consultation process so that you have the opportunity to dissent or object. It is assumed that, having been provided with this information in writing, your implied consent is obtained to collect, store and share your personal identifiable data and make contact with you as outlined in this privacy notice.
4. How is your personal data collected?
We use different methods to collect data from and about you, including:
Remote and face to face interactions resulting in collection of personal data which is not classed as a ‘special category’ under Article 9 of the European Union (EU) General Data Protection Regulation (GDPR). You may give us your Identity, Contact and Financial Data by ordering products and filling in forms on our website or by corresponding with us by post, phone, email or through chat or social media.
This includes personal data you provide to:
· sign up to receive the Skin&Spirit newsletter;
· make enquiries or request information be sent to you;
· create an account on our website;
· order our products;
· book or enquire about clinic-based treatments and services;
· ask for marketing to be sent to you;
· engage with us on social media;
· enter a competition, promotion or survey;
· contact customer services; or
· leave comments or reviews on our products or services (please be kind!).
Remote and face to face interactions resulting in collection of personal data which is classed as a ‘special category’ under Article 9 of the European Union (EU) General Data Protection Regulation (GDPR). This is when we provide Skin&Spirit clinic-based treatments and associated clinical services as requested by you, including pre-treatment/service enquiries, consultations, assessments and post treatment/service follow-up. During this service, we will collect and store (ie. process) reasonable and appropriate identifiable personal data provided from you to:
· Enquire about treatments, services and products personalised to you;
· Arrange appointments;
· Conduct consultations and assessments, including risk assessments.
· Issue prescriptions and repeat prescriptions;
· Administer medications and treatments;
· Provide clinical, skincare, beauty and holistic treatments and services;
· Provide talking therapies, including counselling and life coaching;
· Provide follow up assessments and treatment;
· Report any adverse effects or allergies post treatment.
Automated technologies or interactions. As you interact with us, including via the www.skinandspirit.co.uk website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We may also collect Tracking Data when you use our website, or when you click on one of our adverts (including those shown on third party websites).
Third parties or publicly available sources. We may receive personal data about you from various types of third parties, including:
· Technical Data and/or Tracking Data from analytics providers, advertising networks and search information providers;
· Contact, Financial and Transaction Data from providers of payment and fraud prevention services;
· Identity and Contact Data from data partners; and
· Data from any third parties who are permitted by law or have your permission to share your personal data with us, such as via social media or review sites. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data as outlined in section 5 below.
5. How we use your personal data
· Where we need to perform the contract we are about to enter into or have entered into with you. For example, when you purchase our products or services, that’s a contract.
· 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 or regulatory obligation. For example, keeping records of our sales for tax compliance or keeping records for the purposes of delivering clinical services and upholding patient and public safety.
For non-Article 9 interactions, generally, we do not rely on consent as a legal basis for processing your personal data, other than where the law requires it, for example in relation to sending certain direct marketing communications. However, for all Article 9 interactions, our legal basis is explicit consent, prior to opting in for our clinical services. Where our legal basis is consent, you have the right to withdraw consent and/or object at any time.
See ‘Explaining the legal bases we rely on to process personal data’ to find out more about the types of lawful basis that we will rely on to process your personal data.
6. Explaining the legal bases we rely on to process personal data
The list below outlines the legal bases which we rely on to collect, process and store your personal data:
· Delivery of a contract with you;
· Necessary for our legitimate interests;
· Necessary to comply with a legal obligation;
· Consent obtained for direct marketing and communications.
Remember that if you request further information from us or request a call back/contact via our website, email, social media, telephone, text or messaging and, in doing so, you provide us with some of your (non-Article 9) personal or company details, we do not need explicit consent from you to process this data, as your consent is implied when you request the service or contact. However, we do need your explicit consent for us to use that information to subsequently send you certain direct marketing communications (outside of the original purpose you contacted for). Skin&Spirit will ask you at the point of subscribing to opt in or out to receive direct marketing, advertising or promotions. You will be able to change your preferences at any time.
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.
We do not carry out any automated decision making.
If you ever have any questions about this, all you have to do is ask. See ‘How to contact Skin&Spirit about privacy’ below.
7. Advertising, marketing and your communications preferences
We may use your Identity, Contact, Technical, Tracking, Usage and Profile Data to form a picture of what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you and tell you about them. This is what we call direct marketing.
We may carry out direct marketing by email, phone, text or post. For example, you might have the Skin&Spirit newsletter hit your inbox or a promotion land on your door mat.
On our website, we always try hard to make it really clear what we are doing and what communications you will be sent, whether it’s you deciding to sign up to the Skin&Spirit newsletter or as part of creating an account or the purchase journey – and you have a right at any time to change your mind and say no thank you and opt out (but we’d be really sorry to see you go, so please gives us a chance by fine tuning your preferences before really leaving us!).
Of course, there are lots of different ways you’ll see adverts for Skin&Spirit out and about, and not all of these are based on using personal data – sometimes we just buy good old-fashioned advertising space in the real world and websites and social media. If you see Skin&Spirit’s adverts on websites and in social media, these may not be directed specifically at you, we might just have bid for the space. But here’s some things we may do that may be specifically directed at you:
· emails, for example the Skin&Spirit newsletter;
· text messages, for example, with discount codes;
· promotions by post, such as great money off shipping offers, or from our trusted retail partners; and/or
· phone calls, to tell you something that might be relevant to you.
Cookies can tell us if you have seen a specific advert, and how long it has been since you have seen it. This is helpful, because it means we can control the effectiveness of our adverts and control the number of times people might be shown our adverts (you know, before we risk become annoying). Cookies also help us understand if you’ve opened a marketing email because we don’t want to send you things you don’t read.
If you want more information about Tracking Data, in particular cookies, see Cookies below.
Almost all the cookies that relate to advertising are part of third party online advertising networks. If you’d like to read about how you can control which adverts you see online, see opt-out programs established by the Digital Advertising Alliance (United States), the Digital Advertising Alliance of Canada and the European Interactive Digital Advertising Alliance. We do not control cookies which are set by advertising networks.
You can see from ‘Advertising, marketing and your communications preferences’ above, that cookies are a tool which we (and everyone one else who operates online) uses for advertising. That is just part of why cookies are used. Generally, they are pretty clever.
Cookies help www.skinandspirit.co.uk work better and provide lots of help in the background to make the process of being a www.skinandspirit.co.uk customer a lot easier. You’d miss a lot of these things if they were gone – like it being easy to log in and move from page to page, and things staying in your cart while you go off and look at other pages.
Other cookies collect information about how visitors use www.skinandspirit.co.uk, for instance, which pages visitors go to most often, and if they get error messages from web pages. These cookies don't collect information that identifies a visitor. All information these cookies collect is aggregated and used to improve how www.skinandspirit.co.uk works.
There are also cookies that allow www.skinandspirit.co.uk to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. They may be used to provide services you have asked for, such as watching a video or commenting on a blog.
There are cookies that collect information about your browsing habits in order to make advertising delivered to you more relevant to you and your interests (see Advertising, marketing and your communications preferences above). They are usually placed by advertising networks with our permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
When you use www.skinandspirit.co.uk, your device or browser may be sent cookies from third parties, for example when using embedded content and social network links. It's important for you to know that we have no access to or control over cookies used by these companies or third-party websites. We suggest you check the third-party websites for more information about their cookies and how to manage them.
9. Disclosures of your personal data
We may share personal data with the following category third parties:
· Suppliers and service providers to Skin&Spirit (such as technology, software as a service and data hosting providers, payment processing and fraud prevention providers, manufacturers and post and courier services);
· Auditors, compliance organisations and professional advisers like bankers, lawyers, accountants, standards auditors, accreditation and certification framework organisations and insurers; and
· Government, regulators, and law enforcement.
For personal identifiable information which is classed as a ‘special category’ under Article 9 of the EU GDPR, we will only ever share data with third-parties where there is a serious or urgent patient or public safety reason to do so (ie. duty of care) or if the law otherwise demands it. In this event, the third-party will be a government funded body, eg. healthcare provider, public health body, social care provider or the police.
We do not currently share personal data of any type with third parties connected to advertising, retargeting and analytics, other than our website and online store provider (which has inbuilt analytics services).
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.
10. Payment information
Skin&Spirit uses third party payment processor PayPal to process payments made for products and services via the www.skinandspirit.co.uk website and in our clinic. All online payments will be conducted in accordance with Payment Card Industry (PCI) data security standards (which are high!) and your billing information (which is only used by these payment processors for the purpose of performing fraud protection) is encrypted before being communicated to them. Subject to the below exceptions, your credit card details are communicated directly from your browser to these payment processors - Skin&Spirit never (ever!) sees your full Permanent Account Number (PAN). This means that the payment form is either off-site or displayed in a frame on the payment page. For PayPal, we only store the tokens required to identify the transaction with PayPal, issue refunds and identify transactions made using PayPal.
11. International transfers
Whenever we transfer your personal data out of the EEA, we will comply with applicable data protection law. This will only apply to personal data which is not classed as a ‘special category’ under Article 9 of the EU GDPR.
Some of the mechanisms we may choose to use when undertaking an international transfer are:
· The transfer of your personal data is to a country that has officially been deemed to provide an adequate level of protection for personal data by the European Commission.
· We may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe (called the “EU Model Clauses”).
· Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. If the provider is not EU-US Privacy Shield certified, we may use the EU Model Clauses.
Some of our external third-party providers are based outside the EEA, so their processing of your personal data will involve a transfer of data outside the EEA.
Note that this does not apply to personal identifiable information which is classed as a ‘special category’ under Article 9 of the EU GDPR. We will never transfer this type of data outside of the EEA.
12. 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. This is outlined in our IT Security Policy. 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.
13. Third-party links
14. Data retention
We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, healthcare, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the type, 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.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers for tax purposes.
By UK law we have to keep health records (GDPR Article 9) for eight years after the conclusion of treatment or death.
We also make a promise to you that you can come back at any time in the future and re-print products you have ordered from us in the past. So, unless you actively delete this information, we keep it, so we can keep our promise to you.
In some circumstances you can ask us to delete your data; see ‘Your legal rights’ 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.
15. Your legal rights
If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection laws in relation to your personal data:
· The right of access – that’s a right to make what’s known as a ‘data subject access request’ for copy of the personal data we hold about you;
· The right to rectification – that’s a right to make us correct personal data about you that may be incomplete or inaccurate;
· The right to erasure – that’s also known as the ‘right to be forgotten’ where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);
· The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal data;
· The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);
· The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and
· Rights in relation to automated decision making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision making.
These rights are subject to certain rules around when you can exercise them. You can see a lot more information on them, if you are interested, on the UK Information Commissioner’s Office website.
If you wish to exercise any of the rights set out above, please contact us (see ‘How to contact Skin&Spirit about privacy’).
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.
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.
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.
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.
16. How to contact Skin&Spirit about privacy
If you need help about our products and services, or our website generally, please contact us using the same email address.
17. A small request from Skin&Spirit to you
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. You can do this by updating your account. Thank you.
19. Cancellations and Refunds
If you would like to cancel an online order or clinic booking, please do so by contacting firstname.lastname@example.org or ring us on 01246 570170. A full refund will be made within 3 - 5 working days.
© 2019 Skin&Spirit.
(Skin&Spirit is a trading name of BCS Clinical Consulting Ltd – Company No. 07767226).