Privacy

PRIVACY NOTICE

1.            INTRODUCTION

This Privacy Notice relates to the processing of personal data by brighterkind (“brighterkind”). Unless otherwise stated, all references to “we” or “our” shall imply any entities which form part of brighterkind and which process personal data.

This Privacy Notice also forms part of brighterkind’s obligations to be open and fair with all individuals whose personal data we process and to provide details around how we process such personal data and what we do with it.

We are committed to safeguarding the privacy of personal data and complying with the UK Data Protection Act 1998, the European General Data Protection Regulation 2016/679 (“GDPR”) of the European Parliament, and any future changes in data protection legislation that brighterkind is required to comply with.

None of the lists or examples provided in this Privacy Notice is intended to be exhaustive or fully representative of every individual.

2.            SCOPE

The scope of this Privacy Notice covers website visitor personal data in respect of the following:

Collecting Personal Data
Using Personal Data
Disclosing Personal Data
Retaining Personal Data
Securing Personal Data
International Data Transfers
Data Subject Rights
Updates / Amendments
Third Party Websites
Consents (“Opt-in”)
Withdrawal of Consent (“Opt-out”)
Our Details

3.            LEGAL BASIS

We are required to provide you with a legal basis for processing your personal data. We have identified Consent as the legal basis for the processing of your personal data for the purposes detailed in Section 5.

4.            COLLECTING PERSONAL DATA

We may collect and store the following kinds of personal data:

a)            Information that You provide to Us for the purpose of subscribing to our event and marketing communications.

b)            Information we collect automatically when you browse one of our websites. We may collect information about your visit to our websites, your usage of the website, and your web browsing. That information may include your IP address, your operating system, your browser ID, your browsing activity, and other information about how you interacted with our website or other websites. We may collect this information as a part of log files.

c)            We and our partners may use various technologies to collect and store information using cookies and similar tracking technologies on our website, such as pixels and web beacons, to analyse trends, administer the website, track users’ movements around the website and gather demographic information about our user base. Users can control the use of cookies at the individual browser level. For further information about cookies and how we use them please see our Cookie Notice.

d)            When we send emails to subscribers, we may track behaviour such as who opened the emails and who clicked the links. This allows us to measure the performance of our email campaigns and to improve our features for specific segments of subscribers. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details.

e)            Information to help Us comply with court orders and to exercise and defend our legal rights. Before You disclose to Us the personal information of another person, They must provide consent to both the disclosure and the processing of that personal information in accordance with this Privacy Notice.

5.            USING PERSONAL DATA

We may use your personal information to:

a)            Enable your use of any services that we may provide through our website or third-party websites.

b)            Supply You with our services and support of these services.

c)            Send You event and marketing communications.

d)            Deal with enquiries and complaints.

e)            Comply with our legal and regulatory obligations.

6.            DISCLOSING PERSONAL DATA

We only disclose your personal data in the ways set out in this Privacy Notice. The following circumstances may apply:

a)            Across our different business activities, as part of improving our existing services or as part of providing new services.

b)            To third parties who process personal data on our behalf.

c)            To third parties who process personal data on their own behalf but provide Us, or You, with a service on behalf of us.

d)            To any regulator, external auditor or applicable body or court where we are required to do so by law or regulation or as part of any investigation.

We do not sell, rent or trade any of your personal data.

We will not, without your consent, disclose or supply your personal data to any third party for their or any other third party's direct marketing.

7.            RETAINING PERSONAL DATA

Personal data that we process, for any purpose or purposes, shall not be kept for longer than is necessary. brighterkind bases its record retention on any legal, regulatory or contractual obligations.

If You have consented to other services, the personal data necessary to provide each service will be retained until You no longer require the service, or You withdraw consent.

Please note it can take up to 3 months for our scheduled archiving processes to remove your records after they have been marked for removal.

8.            SECURING PERSONAL DATA

Where brighterkind acts as the controller of personal data, it will ensure that necessary and adequate safeguards (e.g. encryption) are in place to prevent unauthorised access, loss, misuse or alteration of your personal data.

Where data is stored electronically we store all personal information on secure servers with relevant access and firewall controls.

Where data is stored on paper, or forms, all personal data is locked away when not in use and disposed of securely after use either using document shredders or third-party disposal organisations who have been contracted to dispose of documents appropriately.

Any personal data sent to Us, either in writing or email, may be insecure in transit and we cannot guarantee its delivery.

Where You use a Password to access any service provided by brighterkind this must be kept confidential and not disclosed to anyone else. brighterkind does not ask You for your password.

9.            SHARING PERSONAL DATA

To provide the services to You we share the personal data that You supply with several third parties:

  1. Customer Care team,
  2. Email marketing service
  3. Agency maintaining and managing our website

 

Data processed within our Email marketing service is stored and processed in California. Our email marketing service complies with the EU-US Privacy Shield Framework.

brighterkind agree contractual arrangements with these third-party data processors to ensure that your personal data is protected in compliance with this Privacy Notice and the data protection legislation that brighterkind is required to comply with.

Unless otherwise defined under section 9 all personal data shared with third parties is stored and processed within the EU.

10.          INTERNATIONAL DATA TRANSFERS

Personal data that we collect, is predominantly stored and processed in the UK and the European Union, but for specific services may be transferred, stored, processed outside of the EU (designated under GDPR as “Third Countries”).

As part of providing our services to You, we will use third party data processors from Third Countries as outlined below:

a)            Act-on (trading as Act-on Software Limited in the UK) stores and processes data on its servers in California.

brighterkind has agreed contractual agreements with these third-party data processors to safeguard your personal data as required by GDPR when transfers are undertaken to Third Countries. If You wish to know more about the safeguards that are in place, please contact brighterkind as outlined in Section 17.

11.          DATA SUBJECT RIGHTS

Subject Access Requests

You may instruct Us to provide You with any personal data we hold about You as part of a Subject Access Request. The provision of such information will be provided to You free of charge, within one month of verifying your identity, and subject to:

a)            Appropriate evidence of your identity, such as a passport, driving licence, a recent bank statement or utility bill.

b)            The request not being excessive in which case we will notify You within one month on when the request can be completed. For repetitive requests we may leverage a charge which we will agree with You in advance.

In certain instances, where exemptions exist, we may withhold personal data that You request, and which is permissible by law.

Right to Rectification

You may wish to contact Us if the personal data that we hold about You needs to be corrected or updated.

Right to Erasure (Right to be forgotten)

You can contact us if You wish to have your information erased to exercise your right to be forgotten.

Right to Object (including withdrawal of consent)

For any services that You have consented to receive, including for event or marketing and communications purposes You may instruct Us at any time not to process your personal data for each purpose by means of withdrawing consent (‘opting-out’).

Right to Restriction of Processing

If You contest the accuracy of your personal data or consider that the processing is unlawful and You do not want Us to erase your personal data, or we no longer need this data for the purpose of the services we provide, You may instruct Us to restrict processing of this data.

Automated Decisions

In supplying You with our services we do not make decisions affecting you solely by automated means.

12.          UPDATES / AMENDMENTS

To remain compliant with any legal and regulatory obligations, or as part of our evolving business practices, we may update this Privacy Notice from time to time by publishing a new version on our website.

13.          THIRD PARTY WEBSITES

We are not responsible for the practices employed by Third Party Websites linked to or from our Website nor the information or content contained therein. Often links to other websites are provided solely as reference points to information on topics that may be useful to the users of our Website. Please remember that when You use a link to go from our Website to a Third-Party Website, our Privacy Notice will no longer apply. Your browsing and interaction on any other Website, including Third Party Websites, which have a link on our Website, are subject to that Website's own Privacy Notice.

14.          CONSENTS (“OPT-IN”)

brighterkind would like to keep You informed about brighterkind services which You can elect to, or decline from, receiving. As part of the subscription process for each of these services you will be asked to consent to your data being processed to provide that service.

15.          WITHDRAWAL OF CONSENT (“OPT-OUT”)

You have the right, at any time, to ask Us not to process your personal data for marketing purposes and any additional services that You have consented to receive. You can opt-out of receiving any of these services and communications simply by clicking the unsubscribe link on any emails You receive or contacting Us.

Please note it can take up to 30 days for a request to be fulfilled for general Brighterkind communications because of pre-planned or ongoing activity.

16.          DATA PROTECTION REGISTRATION

Brighterkind is registered as a data controller with the UK Information Commissioner's Office. Our data protection registration numbers are in Appendix 1. at the end of this document.

17.          OUR DETAILS

brighterkind (“brighterkind’’) is registered in England and Wales under company number 09414383.

Our registered office is at Norcliffe House, Station Road, Wilmslow, Cheshire SK9 1BU.

You can contact us as follows:

EMAIL:  DPO@BRIGHTERKIND.COM

TELEPHONE:       +44 (0) 330 660 9997

IN WRITING:       Data Protection Officer, Brighterkind, Norcliffe House, Station Road, Wilmslow, Cheshire SK9 1BU

Location and providee id details of all companies registered to Norcliffe House can be found in Appendix 1.

18.          COMPLAINTS

If you are unhappy with the way in which brighterkind uses and processes your personal data, you can complain to the Information Commissioners Office (the supervisory authority that enforces data protection regulations in the UK).

The ICO can be contacted on 0303 123 1113 or you can contact by referring to their website at https://ico.org.uk.

If you are unhappy with the way in which brighterkind uses and processes your personal data in Jersey, you can complain to the Officer of the Information Commissioner for Jersey can be contacted on 01534 716530  or you can contact by referring to their website at https://oicjersey.org/

Last updated 29  May 2018

Appendix 1

Jersey, English and Scottish Homes Location and Provider ID

(all companies registered to Norcliffe House apart from Whitefield Nursing Home Ltd which is registered to First Floor,Suite 2,Clydesdale House, 300 Springhill Parkway, Glasgow Business Park, Glasgow, G69 6GA)

 

Jersey Homes Company name Company Number OIC Registration
Silver Springs Silver Springs Ltd 1847 58158
La Haule Silver Springs Ltd 1847 58158
HIghlands Silver Springs Ltd 1847 58158

English Homes

Company name

Company Number

ICO registration

Albany

brighterkind (Loyds) Ltd

09696576

ZA179141

Ashbourne Court

brighterkind (Blair) Ltd

09696280

ZA179152

Ashurst Park (CRH)

brighterkind (Quercus) Ltd

09696573

ZA179146

Avery House

Avery House Healthcare Ltd

06347827

Z3300649

Avery Lodge

Avery Lodge Ltd

06342636

Z3300652

Avery Mews

Avery Mews Ltd

06294563

ZA345723

Bamfield Lodge

Bamfield Lodge Ltd

06088065

Z3300712

Begbrook House (CRH)

Acegold Ltd

03484784

Z5508964

Birkin Lodge

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Boroughbridge Manor

Boroughbridge Manor Ltd

07277635

Z3300726

Brampton View

Brampton View Ltd

06088220

ZA177466

Branksome (CRH)

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Broadway Halls

Broadway Halls Care Services Ltd

06591849

ZA345704

Carlton Mansions (CRH)

Acegold Ltd

03484784

Z5508964

Cedars Salisbury

Alphacare Holdings Ltd

04233912

Z8200318

Cepen Lodge

Cepen Lodge Ltd

06596889

Z3300788

Charlotte House

brighterkind (KS) Ltd

09696272

ZA179149

Claremont Parkway

Crabwall Claremont Ltd

05562716

ZA174784

Cookridge Court

Cookridge Court Ltd

07277633

ZA177469

Cossins House (CRH)

Acegold Ltd

03484784

Z5508964

Crabwell Hall

Crabwall Claremont Ltd

05562716

ZA174784

Elm Bank

Elm Bank Healthcare Ltd

06556372

ZA174792

Emberbrook (CRH)

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Flowerdown (CRH)

Tamhealth Ltd

03655610

Z704630X

Glebefields

Lawton Group Ltd

03942148

ZA013323

Granby (The)

brighterkind (Granby Care) Ltd

05840179

Z998680X

Hall Park

Hall Park Healthcare Ltd

06347829

Z3300848

Hamilton House (CRH)

Acegold Ltd

03484784

Z5508964

Hempton Fields

Lawton Group Ltd

03942148

ZA013323

Henleigh Hall (CRH)

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Highfields (CRH) Ware

Tamhealth Ltd

03655610

Z704630X

Highfields Newark

Highfields Care Home Ltd

04456496

Z2191328

Houndswood House (CRH)

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Hungerford

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Ivybank House (CRH)

brighterkind Healthcare Group Ltd

06428613

ZA177474

Kingston (CRH)

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Lawton Manor

Lawton Manor Care Home Ltd

02183667

ZA013328

Lawton Rise

Lawton Rise Care Home Ltd

02914069

ZA013330

Leeming Bar Grange

Leeming Bar Ltd

07277651

Z3300956

Meyrick Rise

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Mill House

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Oakfield (CRH)

Acegold Ltd

03484784

Z5508964

Ross Court

Lawton Group Ltd

03942148

ZA013323

Scarborough Hall

Scarborough Hall Ltd

07277854

Z3300990

Springfield House (Nursing) (CRH)

Springfield House (Oaken) 2001 Ltd

04167221

Z5509237

Springfield House (Residential) (CRH)

Springfield House (Oaken) 2001 Ltd

04167221

Z5509237

St Oswalds

brighterkind (Domo) Ltd

09696275

ZA179147

Sutton Valence (CRH)

Tamhealth Ltd

03655610

Z704630X

Tewksbury Fields

Tewkesbury Care Home Ltd

04833623

ZA013320

The Berkshire (CRH)

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

The Cedars (Bourne)

Cedars Health Care Ltd

03449912

Z7273369

The Grange (CRH)

Alliance Care (Dales Homes) Ltd

03691542

Z8861715

The Lawns (CRH)

brighterkind Health Care Ltd

06428613

ZA177475

The Wimborne (CRH)

Acegold Ltd

03484784

Z5508964

Uplands (CRH)

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Westbury Court

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Wheaton Aston (CRH)

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

Woodbury House

Alliance Care (Dales Homes) Ltd

03691542

Z8861713

 

Scottish Homes

Angusfield House

Whitefield Nursing Home Ltd

SC157455

ZA177477

Buchanan House

Tamhealth Ltd

03655610

Z704630X

Buchanan Lodge

Tamhealth Ltd

03655610

Z704630X

Buchanan Nursery

Tamhealth Ltd

03655610

Z704630X

Clarence Court

brighterkind (Domo) Ltd

09696275

ZA179147

Colinton

Whitefield Nursing Home Ltd

SC157455

ZA177477

Garioch

Tamhealth Ltd

03655610

Z704630X

Hallhouse

Acegold Ltd

03484784

Z5508964

Kingsmills

brighterkind (Quercus) Ltd

09696573

ZA179146

Maryfield West

Acegold Ltd

03484784

Z5508964

St Margarets

Whitefield Nursing Home Ltd

SC157455

ZA177477