Privacy Policy

This privacy policy sets out how Phoenix Private Health LTD uses and protects your personal data.

Important information and who we are

This privacy policy gives you information about how Phoenix Private Health LTD collects and uses your personal data through your use of this website https://www.phoenix-health.co.uk/ including any data you may provide when you register with us, complete a contact form on our website, sign up to our newsletter, or purchase a treatment from us.

This website is not intended for children, and we do not knowingly collect data relating to children.

Controller

Phoenix Private Health LTD is the controller and responsible for your personal data (collectively referred to as “Phoenix“, “we“, “us” or “our” in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the information set out in the contact details section below.

The types of personal data we collect about you

Personal data means any information about an individual from which that person can be identified.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes first name, last name, title, date of birth, gender and next of kin.
Lifestyle, Health and Medical History Data includes height, weight, body mass index, ethnicity, medical and medication history, eating behaviours and/or disorders, psychological health, and GP contact details.
Contact Data includes billing address, residential address, delivery address, email address and telephone numbers. We will also collect details of your insurers, where you are private patient that is claiming back the costs of the treatment from your insurance provider.
Financial Data includes bank account and payment card details and where you are obtaining finance with Chrysalis, your lending arrangements with them.
Transaction Data includes details about payments to and from you and other details of treatments you have purchased from us. Contact you have had with a hospital/surgery, i.e. appointments, who it was with and what happened during the appointment.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plugin types and versions, operating system and platform, device ID and other technology on the devices you use to access this website.
Profile Data includes purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you interact with and use our website, treatments and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals’ Usage Data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users are interacting with our website to help improve the website and our service offering.

How is your personal data collected?

We use different methods to collect data from and about you including through:

Your interactions with us. You may give us your personal data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our treatments;
- book appointments;
- have a consultation with us, our surgeons, dieticians, and psychologists;
- complete the ‘contact us’ or ‘book a consultation’ forms on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback or contact us.
Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy https://www.phoenix-health.co.uk/cookies/ for further details.
Third parties or publicly available sources. In some circumstances we may receive personal data about you from your GP, where they correspond with us in respect of your treatment and any conditions you may have. We will also receive personal data about you from consultants and psychologists engaged by us to provide the treatment or any related services to you.

How we use your personal data

Legal basis

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.
Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.

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 plan to use the various categories of 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.

Purpose/Use	Type of data	Legal basis
To register you as a new patient	(a) Identity (b) Contact (c) Lifestyle, Medical History, Health	Performance of a contract with you and provision of health. We require this information to assess your suitability to undergo a treatment.
To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us (c) Provide medical treatment, prescriptions, and referrals	(a) Identity (b) Contact (c) Financial (d) Lifestyle, Medical History, Health (e) Transaction (f) Marketing and Communications	(a) Performance of a contract with you and provision of health (b) Necessary for our legitimate interests (to recover debts due to us) We require this information to deliver your treatment and to take payment for it. We also require this information to provide our aftercare services to you. We further require this information to schedule appointments and communicate with you about your appointments and generally, about your health.
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Dealing with your requests, complaints and queries	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and manage our relationship with you).
To enable you to partake in a competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and online advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our treatments / services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, customer relationships and experiences and to measure the effectiveness of our communications and marketing	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our treatments and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To send you relevant marketing communications and make personalised suggestions and recommendations to you about goods or services that may be of interest to you based on your Profile Data	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications	Necessary for our legitimate interests (to carry out direct marketing, develop our treatments/services and grow our business).
To carry out market research through your voluntary participation in surveys	(a) Identity (b) Contact (c) Profile	Necessary for our legitimate interests (to study how customers use our treatments/services and to help us improve and develop our treatments and services).
To share information with another healthcare professional in a medical emergency	(a) Identity (b) Contact (c) Lifestyle, Medical History, Health	Vital interests to address a medical emergency, i.e. something that may arise during the course of your treatment.
Legal obligtion	(a) Identity (b) Contact (c) Technical (d) Lifestyle, Medical History, Health (e) Transaction	Legal obligation – Mandatory disclosure of information to NHS Digital and CQC, etc

Direct marketing

During the contact process, when your personal data is collected, you will be asked to indicate your preferences for receiving direct marketing communications from us via email.

We may also analyse your Identity, Health and Lifestyle Data, Contact, Technical, Usage and Profile Data to form a view which treatments, services and offers may be of interest to you so that we can then send you relevant marketing communications.

We may also from time to time use adverts on social media sites, such as Facebook, to market to you.

Third-party marketing

We will never share your personal data with any third party, for their own direct marketing purposes, without first obtaining your express consent.

Opting out of marketing

You can ask us to stop sending you marketing communications at any time by following the opt-out links within any marketing communication sent to you or by contacting us using the intercom features available on the dashboard.

If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer service purposes for example relating to order confirmations for, consultation / triage reminders, upcoming payment reminders, updates to our Terms and Conditions, checking that your contact details are correct.

Cookies

For more information about the cookies we use and how to change your cookie preferences, please see https://www.phoenix-health.co.uk/cookies/.

Disclosures of your personal data

We may share your personal data where necessary with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

External Third Parties such as your GP. We strongly recommend that your GP is kept informed of the specialised care we have given you and we will write to them after each clinic visit and admission. If you do not wish for us to write to your GP and inform them of the care you have received, please let us know in writing. We would be happy to send a copy of the clinical correspondence to you, and to request this please contact our DPO. Please note it is your responsibility to keep us updated of any changes in your contact details and GP, as we will correspond with you and your GP using your last known contact details. If you do not keep us updated about your correct correspondence address or GP details, there is a risk that confidential clinical information about you contained within posted mail could be unintentionally disclosed to third parties.
External third parties such as consultants and psychologists who form part of our multi-disciplinary team and will perform your treatment and/or check your suitability for the treatment. The consultants and psychologists are independent specialists engaged by us and are not, employees of Phoenix. Hospital staff and nurses at the hospital where your treatment is performed, will provide care under instruction from us and the consultant. After discharge, aftercare will be provided by the Phoenix team of consultants, senior surgical trainees, and psychologists, who are not, for the avoidance of doubt, employees of Phoenix.
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 policy.

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.

Lender funding

If you choose to obtain lender funding to pay towards the cost of your treatment, we may (at your request) refer you to Chrysalis – a third party lender.

Chrysalis provide us with access to a portal where we can keep track of any introductions we have made to them and the application stages for those applicants. We will be notified by Chrysalis if you are successful in obtaining funding from them and, in some cases, Chrysalis will directly pay that funding to us, on your behalf.

Mandatory disclosure of information

We are sometimes legally obliged to disclose information about patients to relevant authorities. In these circumstances the minimum identifiable information that is essential to serve that legal purpose will be disclosed.

The organisation will also have a professional and contractual duty of confidentiality. Data will be anonymised if possible before disclosure if this would service the purpose for which the data is required.

Organisations which we are legally obliged to release patient data to include:

NHS Digital (eg the National Diabetes Audit)
Care Quality Commission (CQC)
Driver and Vehicle Licensing Agency (DVLA)
General Medical Council (GMC)
His Majesty’s Revenue & Customs HMRC)
NHS Counter Fraud
Police (mandatory or vital interest requests)
The Courts
UK Health Security Agency and Office for Health Improvement and Disparities
Local Authorities (Social Services)
The Health Service Ombudsman
Medical defence organisation – in the event of actual or possible legal proceedings

International transfers

We do not transfer your personal data outside the European Union.

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 maintain our duty of confidentiality by conducting annual training and awareness, ensuring access to personal data is limited to the appropriate staff and information is only shared with organisations and individuals that have a legitimate and legal basis for access.

We will not disclose your information to any third party without your permission unless there are exceptional circumstances, or where the law requires information to be passed on, for example:

We believe you are putting yourself at risk of serious harm
We believe you are putting a third party (adult or child) at risk of serious harm
We have been instructed to do so via court order made against the organisation
Your information is essential for the investigation of a serious crime
You are subject to the Mental Health Act (1983)
UK Health Security Agency and Office for Health Improvement and Disparities needs to be notified of certain infectious diseases
Regulators use their legal powers to request your information as part of an investigation

Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

If after making an enquiry with us you decide not to become a patient of Phoenix, we will archive any personal information we have about you. Information will be archived 12 months from the date of our last correspondence with an NHS patient and, 12 months after the date of the enquiry, for private patients. If however you proceed to become a patient of Phoenix, we will retain your data in accordance with the terms of the paragraph below.

Once you become a patient of Phoenix, your clinical records will be retained for a period of 8 years after the conclusion of treatment. After this period, your records will be archived.

We do not keep any records of any card or BACS payments. These are taken by a WorldPay, a secure third-party provider.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we will 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.

Your legal rights

You have a number of rights under data protection laws in relation to your personal data.

You have the right to:

Request access to your personal data (commonly known as a “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 in certain circumstances. 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.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
You also have the absolute right to object any time to the processing of your personal data for direct marketing purposes (see the details above of how to object to receiving direct marketing communications).
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.
Withdraw consent at any time where we are relying on consent to process your personal data (see the table in section 4 for details of when we rely on your consent as the legal basis for using your 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.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
- If you want us to establish the data’s accuracy;
- Where our use of the data is unlawful but you do not want us to erase it;
- 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
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please contact us using the details set out in the ‘contact us’ section below.

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 could 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 could 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.

Contact details

If you have any questions about this privacy policy or about the use of your personal data or you want to exercise your privacy rights, please contact our DPO in the following ways:

Email address: dpo.healthcare@nhs.net
Telephone address: 07946593082

Complaints

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator 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 policy and your duty to inform us of changes

We keep our privacy policy under regular review.

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, for example a new address or email address.

Third-party links

This 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 policy of every website you visit.