The Purpose of this privacy statement is to explain how Trouble Sleeping processes personal data to fulfil its data protection responsibilities. This statement will be supplemented by ‘specific to client’ privacy notices if needed. The scope of this statement covers all related activities by the staff of Trouble Sleeping referred to as TS hereafter.

The Role of TS in data protection terms is that of a data controller where it determines the purpose and use of personal data collected. Once received it becomes the responsibility of the privacy manager (PM) to ensure that it is processed in accordance with the UK data protection legislation. The PM can be contacted by email using info@troublesleeping.co.uk.

The personal data processed by TS will be basic contact information for the purposes of responding to general enquiries, business development, preparing contracts and setting up invoices. Due to the nature of the services being offered, it will also be necessary to collect and process health related data. If TS is not given all of the requested information, it may result in an incomplete service being provided.

TS’ duty of confidentiality means that we will treat your personal data with due respect and in confidence. TS also expects the same duty of confidentiality of all third parties with whom it shares your personal data. It will only be disclosed when legal and ethical circumstances apply as set out in this statement, either with or without your prior knowledge. Such circumstances include the following:

• When there is risk of imminent danger to you and when you are not in a position to provide your consent appropriate to the situation
• When there is suspicion that a child or elder is being sexually or physically abused or at risk of such abuse
• When a court order is issued to us to disclose your personal data to an authorised body

TS will process your personal data in the UK, and it is backed up using iCloud. TS uses Zoho and Microsoft Forms to collect your personal data and Zoho to store it. Email is processed using a reputable web-based provider and mobile phone contacts are stored on both office IT equipment and mobile phones. TS uses reasonable organisational and technical measures to ensure personal data is kept secure.

TS will routinely process your personal data against a lawful basis as described below:

• To fulfil our contractual obligations to you including contract preparation. These include the processing of special category data when it is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of employees, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services
• When processing is necessary for the purposes of our legitimate interests which includes:
  • Responding to your general enquiries
  • When we need to disclose your personal data to other health professionals, including the NHS to extend your treatment plan, if needed

• To comply with our legal obligations
• To act in your vital interests in emergency situations
• When processing against a pre-defined purpose for which your consent has been sought and recorded prior to that processing commencing, for example if you ask for free monthly sleep tips via the website or if referring you directly to another health professional that may be more suitable for your needs

In all cases the processing of personal data by us shall be done in accordance with the principles of data protection. Please note that you can withdraw your consent at any time by asking the privacy manager.

TS will share your personal data, only when necessary, with some or all of the following third parties:

• Emergency services
• The Inland Revenue (HMRC)
• Mailchimp for the ‘Monthly Sleep Tips’ newsletter only
• Microsoft for appointment scheduling (email address only)
• Other health professionals for referral purposes but only with your permission
• Administrative support where personnel are bound by a data processing agreement

TS follows a retention schedule to determine the length of time it holds different types of personal data. The retention schedule is shown below:

• Routine correspondence for casual enquiries in hard copy or in emails will be stored for one year
• Contract related data will be retained throughout the life of the contract plus another 7 years following the conclusion of the treatment provided
• Contact data is stored indefinitely unless a valid request to erasure is received from the interested data subject
• Financial records and invoices, which may include personal data, will be retained for 6 years after the end of the current tax year of processing
• By exception, documentation that includes personal data may be retained by TS beyond the schedule, but only for a specific purpose and only when TS believes there is a legitimate interest or a legal obligation to do so

At the end of the retention schedule TS will either return, destroy or delete your personal data and any associated emails or relevant documentation. If it is technically impractical to delete electronic copies of personal data, it will put it beyond operational use. It should be noted that TS allows up to 3 months after the end of the retention schedule to complete the action.

The TS website uses cookies but new visitors to the website are asked to consent to non-essential cookies before these are dropped. Our website also links to others that may be of interest to you. If these are used, you should be aware that TS has no responsibility for the control, content or handling of your personal data by such websites.

The General Data Protection Regulation defines the rights that you have (although these do not apply in all situations), For convenience, these rights are shown below:

• Right to be informed as to how your personal data is being processed by us – this is done through this statement or specific to client privacy notices
• Right to access your personal data held by us which is done by making a ‘Data Subject Access Request’ (DSAR) to the privacy manager
• Right to rectification of your personal data if you believe we have collected it incorrectly or it needs to be updated
• Right to erasure of your personal data for which we no longer have a legitimate purpose to process
• Right to restrict processing under certain circumstances, during which time your personal data but will be out of operational use until the related matter is resolved;
• Right to data portability of your personal data in a machine-readable version, as you have provided but only applicable to data provided with your consent or under contract
• Right to object to us processing your personal data for which we do not have a legal or contractual obligation
• Rights related to automated decision making and profiling (however we do not use these techniques in its decision making)

Further details on data subjects’ rights can be found on the Information Commissioner’s Office (ICO) website: https://ico.org.uk.

Raising concerns, exercising rights or making queries about our processing of your personal data can be done by contacting the privacy manager. Please be aware that we will need to verify your identity before responding fully. For that reason, we may ask you for proof of ID or other material that, in context, will enable us to confirm your identity. Alternatively, you may contact the ICO directly, using the details provided above.