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Website Privacy and cookies Policy

 

Purpose

 

 

 

    1. To provide a template Privacy Policy that KindCare at Home Ltd can adapt to use on its website. The Privacy Policy will apply to all users of the website of KindCare at Home Ltd. Following recent guidance from the Information Commissioner’s Office (ICO), the template Cookie Policy has been updated to include further detail on the cookies that KindCare at Home Ltd is required to give to users of its website. This policy is a standalone document and is intended to form part of a layered Privacy Policy.
    2. By using the template Privacy Policy provided, KindCare at Home Ltd will ensure that the policy on its website is GDPR compliant.
    3. To support KindCare at Home Ltd in meeting the following Key Lines of Enquiry:

Key Question     Key Lines of Enquiry


 

    1. To meet the legal requirements of the regulated activities that KindCare at Home Ltd is registered to provide:
      • The Privacy and Electronic Communications (EC Directive) Regulations 2003.
      • General Data Protection Regulation 2016
      • Data Protection Act 2018.

scope

  

 

    1. The following roles may be affected by this policy:
      • All staff
    1. The following Service Users may be affected by this policy:
      • Service Users
    1. The following stakeholders may be affected by this policy:
      • Family
      • Advocates
      • Representatives
      • Commissioners
      • External health professionals
      • Local Authority
      • NHS
      1.  

Objectives

  

    1.  

 

    1. To provide assurance that KindCare at Home Ltd has a Privacy Policy in place for users of its website that is GDPR compliant.
    2. This policy will assist with establishing ways of working in terms of the use, storage, retention and security of personal data and will ensure that all Data Subjects, including Service Users, understand the ways in which personal data, collected by KindCare at Home Ltd via its website, is processed.

Policy

   

 

    1. To provide assurance that KindCare at Home Ltd has a Privacy Policy in place for users of its website that is GDPR compliant.
    2. This policy will assist with establishing ways of working in terms of the use, storage, retention and security of personal data and will ensure that all Data Subjects, including Service Users, understand the ways in which personal data, collected by KindCare at Home Ltd via its website, is processed.

 

    1. KindCare at Home Ltd understands that if it operates a website, it may need to update its Privacy Policy to ensure that it is compliant with GDPR. KindCare at Home Ltd will use this Privacy Policy as a template for its updated version. KindCare at Home Ltd understands that this Privacy Policy only needs to be uploaded by KindCare at Home Ltd to its website if it collects personal data via its website. KindCare at Home Ltd will use the template Fair Processing Notice to inform all other Data Subjects, including Service Users, about how KindCare at Home Ltd processes personal data other than personal data collected via the website.
    2. KindCare at Home Ltd understands that the form attached to this policy constitutes the template Privacy Policy. KindCare at Home Ltd understands that terms in square brackets are optional (depending on whether they apply to KindCare at Home Ltd or not) or require completion by KindCare at Home Ltd. KindCare at Home Ltd will review the Privacy Policy in its entirety to determine which elements are applicable to its website, and which are not relevant.

For example:

      • If the template Privacy Policy below refers to personal data that is not collected by KindCare at Home Ltd via its website, KindCare at Home Ltd will delete references to such personal data
      • If the website of KindCare at Home Ltd does not use cookies, KindCare at Home Ltd will delete references to cookies and the Cookie Policy at KindCare at Home Ltd
      • If KindCare at Home Ltd does not transfer personal data outside of the EEA, KindCare at Home Ltd will delete the section entitled “Where we store your personal data”
      • If KindCare at Home Ltd is not required to appoint a Data Protection Officer, KindCare at Home Ltd will delete references to the Data Protection Officer or will consider replacing references to the Data Protection Officer with references to the Privacy Officer at KindCare at Home Ltd or other person nominated to have day-to-day responsibility for data protection and GDPR

If KindCare at Home Ltd uses personal data collected via its website in a way that is not described in the Privacy Policy, it will consider incorporating additional sections.

This Privacy Policy directs users to a webpage with a contact form or contact details if they wish to contact KindCare at Home Ltd. KindCare at Home Ltd will consider whether to provide an alternative contact method instead, such as an email address and/or phone number.

If KindCare at Home Ltd has any concerns or queries in respect of the template Privacy Policy, it will seek legal advice.

    1. GDPR has changed the way cookies should be incorporated into websites which means that KindCare at Home Ltd must explain what cookies will be set and what the cookies will do to the users of its website. KindCare at Home Ltd must obtain consent from individuals to store certain cookies on devices. Cookies that are not strictly necessary need consent which is GDPR compliant which means that KindCare at Home Ltd can no longer rely on implied consent. KindCare at Home Ltd will ensure that it uses a cookie banner on its website to obtain consent to the use of cookies in line with this policy and that if no consent is obtained, no cookies will be set.
    2. KindCare at Home Ltd must, therefore, update its processes for collecting consent for cookies. In practice, this means:
      • Users must take a clear and positive action to consent to non-essential cookies
      • The websites and apps of KindCare at Home Ltd must tell users clearly what cookies will be set and what they do, including any third-party cookies
      • Pre-ticked boxes or any equivalents, such as sliders defaulted to “on”, cannot be used for non- essential cookies
      • The users at KindCare at Home Ltd must have control over any non-essential cookies
      • Non-essential cookies must not be set on landing pages before you gain the user’s consent Consent is not required for cookies that are defined as “strictly necessary” or that fall within the

communication exemption. “Strictly necessary” cookies are those that are essential to providing the service

requested by the user. Such cookies must be essential to fulfil their request. Those that are simply helpful or convenient, but not essential, or that are essential for the purposes of KindCare at Home Ltd, will still require consent. The communication exemption is about the transmission of a communication over an electronic communications network. For the exemption to apply, the transmission of the communication must be impossible without the use of the cookie. Simply using a cookie to assist the communication is insufficient for the exemption to apply.

KindCare at Home Ltd must note, in particular, that cookies used for analytical purposes or those used for marketing and advertising will always need consent as they are considered to be non-essential. This guidance may change as the latest draft legislation is subject to some challenges on this point.

KindCare at Home Ltd must read the ICO’s cookie guidance available at: https://ico.org.uk/for- organisations/guide-to-pecr/cookies-and-similar-technologies/ for further information on the types of cookie that require consent.

Definitions

   

 

  • Data Subject

      • The individual about whom KindCare at Home Ltd has collected personal data

  • Data Protection Act 2018

        • The Data Protection Act 2018 is a United Kingdom Act of Parliament that updates data protection laws in the UK. It sits alongside the General Data Protection Regulation and implements the EU’s Law Enforcement Directive

  • GDPR

        • General Data Protection Regulation (GDPR) (EU) 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union. It was adopted on 14 April 2016 and after a two-year transition period became enforceable on 25 May 2018

  • Personal Data

        • Any information about a living person including but not limited to names, email addresses, postal addresses, job roles, photographs, CCTV and special categories of data, as defined below

  • Process or Processing

        • Doing anything with personal data, including but not limited to collecting, storing, holding, using, amending or transferring it. KindCare at Home Ltd does not need to be doing anything actively with personal data – at the point KindCare at Home Ltd collects it, it is processing it

  • Special Categories of Data

        • Has an equivalent meaning to “Sensitive Personal Data” under the Data Protection Act 2018. Special categories of data include but are not limited to medical and health records (including information collected as a result of providing health care services), Care Plans and information about a person’s religious beliefs, ethnic origin and race, sexual orientation and political views

  • Cookies

        • Cookies are small files which are stored on a user’s computer. They are designed to hold a modest amount of data specific to a particular client and website and can be accessed either by the web server or the client’s computer

  • The Information Commissioner’s Office (ICO)

      • The ICO is the UK’s independent body set up to uphold information rights.

Further Reading

    

 

As well as the information in the ‘underpinning knowledge’ section of the review sheet we recommend that you add to your understanding in this policy area by considering the following materials:

What are cookies? http://www.bbc.co.uk/webwise/guides/about-cookies ICO cookie guidance:

https://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies/

It is important for KindCare at Home Ltd to note that the ePrivacy Regulation which is currently in the draft stage may change the way that consent is required for certain cookies, including analytic cookies. At the time of updating this policy, the draft suggests that using analytic cookies as a simple first-party data analytics tool to learn about website audiences in a non-intrusive way may not require explicit consent. The proposal suggests that cookie consent can be exempted when the data tracked is purely for analytical purposes and the data collected cannot identify an individual. However, it is yet unclear whether external services, such as Google Analytics, will benefit from this exemption.

If KindCare at Home Ltd only uses analytical cookies for the purpose of learning about website audiences and its website is low risk, we suggest that KindCare at Home Ltd may want to wait until the final draft of the ePrivacy Regulation is adopted, further guidance is issued, and website developers have the tools required before updating its cookie banner to seek explicit consent for analytic cookies.

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