Privacy Notice

Privacy Notice

1. Right to be informed-

We use your data to build a personal file this includes your name, address, telephone number, date of birth etc.

We keep data and information for the timelines set out in our GDPR and Data Protection Policy.

Type of record	Retention period
Client record	6 years after finishing service
Staff Record	6 years are ceasing employment
Unsuccessful staff applications	6 months after vacancy closing date
Timesheets and other financial documents	7 Years
Employers liability insurance	40 years

All personal data is protected from unauthorised access by appropriate organisational and technical security measures. Personal data will not be disclosed to data processors unless there is a contract or confidential agreement in place, which defines authorised users to which data can be put in. Personal data will not be disclosed to the data subject via the telephone where the authenticity of the request cannot be reliably established.

Personal data disclosed to the data subject in response to a Subject Access Request is reviewed before disclosure to ensure that it does not include any information that infringes the rights and freedoms of any third party or exempt from disclosure.

Personal data will not be disclosed to third parties where the identity of the third party cannot be reliably established.

Personal data will only be disclosed to third parties when one of the following conditions is met-

• The data subject has given Town and Country Homecare Ltd their consent to disclose information (including where there is lasting power of attorney.)
• Disclosure is essential to the lawful purpose for which the personal data is being processed
• The data subject has given the third party their consent to request the information
• The disclosure is required by law, (including the prevention or detection of crime, apprehension or prosecution of offenders and the assessment or collection of any tax or duty.)
• Disclosure is in the vital interventions of the data subject.

Sensitive personal data will only be disclosed to third parties when one of the following conditions is met –

• The data subject has given their explicit consent for the disclosure or a best interest decision has been made- see Mental Capacity and DoLs Policy.
• The data subject has given the third party their explicit consent to request information
• Disclosure is required by law ( including the prevention or detection of crime apprehension or prosecution of offenders and the assessment or collection of any tax duty)
• Disclosure is vital in the interests of the data subject.

Disclosure of such matters will be recorded in an appropriate IT system.

How to contact us –  Town and Country Homecare, Unit 3B, Pickhill Business Centre, Smallhythe Road, Tenterden TN30 7LZ. Tel: 01580 762244.

Should you have a complaint about how your data is handled please contact our Data Protection Lead – Carole Harrison at your earliest convenience.

2. Right of access-

    You have a freedom to make a subject access request to find out-

• What information we hold about you
• How we are using it
• Who we sharing  it with , and
• Where they got your data

3. Right to rectification-

You have a right to have your data corrected or deleted, in addition to asking to see the accuracy of the information we hold.

• You should state clearly what you believe is inaccurate or incomplete
• Explain how the organisation should correct it, and
• Where available, provide evidence of inaccuracies.
• We will confirm we have received your request and act accordingly
• We will respond to your request within one month

4. Right to erasure-

You have a right to ask for your data to be deleted

• If Town and County Homecare no longer needs your data for the original reason they collected or used it for
• You initially consented to Town and Country Homecare using your data, but now would like to withdraw your consent
• You have objected to the use of your data, and your interests outweigh those of Town and Country Homecare using it.
• You have objected to the use of your data for direct marketing purposes.
• We have a legal obligation to erase your date
• We have collated or used your data unlawfully.

5. Right to restrict processing –

• You can restrict the use of your data by- making a direct request to Town and Country Homecare, stating what data you would like restricted and why
• You can ask Town and Country Homecare to temporarily limit the use of your data when they are considering-

A challenge you have made to the accuracy of your data or an objection you have made to use your data.

• You can ask Town and Country Homecare to limit the use of data rather than delete it-

If Town and Country Homecare have processed your data unlawfully but you do not want it to be deleted, or we no, longer need your data but you want us to keep it in order to create, exercise or defend legal claims.

6. Right to data portability-

• You have a right to get your personal data from Town and Country Homecare in a way that is accessible and machine readable for example a PDF file.
• You have the right to ask that Town and Country Homecare transfer your data to another organisation, we will oblige to this if technically feasible.
• To exercise your right to portability you should make your request to Town and Country Homecare and state clearly what data you would like. A request can be verbally or written.
• You can make a portability request at any time, this relies on your consent to use your personal data or uses your data as part of a contract you have with them.
• If you are unhappy with how Town and Country Homecare have handled your request you should complain to Carole Harrison- Data Protection Lead.

7. Right to object/ Opt out –

• You have the right to object to Town and Country Homecare using your personal data at any time. This effectively means that you can stop or prevent Town and Country Homecare from using your data.
• You can object when a task is carried out in public interest, the exercise of an official authority, for legitimate interests, for scientific or historical research, or statistical purpose: or for direct marketing purposes.
• You have the right to object to direct marketing, if you object we are unable to refuse you request. You can make your request verbally or by written communications