Privacy Notice

CALLPLUS (Trading As BEING THERE)

Who we are and why we gather data

CALL PLUS (which operates using the brand name BEING THERE) (‘Being There’) is a charity based in Greater Manchester which supports people with cancer and other life limiting illnesses such as strokes, heart and respiratory disease. Being There also supports carers and families.

Being There provides emotional support, respite sitting, support/social groups and hospital transport.

Being There is an employer and also uses volunteers to deliver some of its services.

Being There respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

On 25thMay 2018 the General Data Protection Regulation (GDPR) (EU Regulation 2016/679) became effective. This Privacy notice has been prepared to enable Being There to meet its obligations under GDPR.

It is not intended to give a complete description or explanation of the Regulation itself which can be accessed as above on the EU Website.

1. Purpose of this Privacy Notice

This Privacy Notice aims to give you information on how Being There collects and processes your personal data. This may occur in a variety of ways: for example through your use of this website, including any data you may provide through this Website when you sign up to our Website; when you access the services of BEING THERE; if you act as a volunteer or work for us as an employee or if you serve as a trustee or director of the charity.

Our Website is not intended for children and we do not knowingly collect data relating to children under 16.

It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller
Being There is the controller and responsible for your personal data (collectively referred to as “Being There”, “we”, “us” or “our” in this Privacy Notice).

Contact details
Our full details are:
CALL PLUS (using the brand name BEING THERE) (Company No. 02709543 registered Charity No. 1016053)

Registered in England and Wales

Registered Office: 2-4 Primrose Avenue Urmston Manchester M41 0TY

Name of data privacy manager:  Karen Mercer the General Manager

Email address:k.mercer@beingthere.org.uk

Telephone number:  0345 123 23 29

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority 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 in accordance with our Complaints Procedure.

Changes to the Privacy Notice and your duty to inform us of changes
We may need to update our Privacy Notice from time to time. You can check it at any time on our Website or ask us to send you a copy by post. We will alert registered users of any significant changes.

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.

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 notice of every Website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

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

• Personal contact details – (a) for clients: name, address, telephone number, next of kin contact and relationship to client details (in case of emergency). This enables us to contact individuals to organise service provision (b) for employees: name, address, telephone number, next of kin contact and relationship to employee (in case of emergency) (c) for trustees: name, address, telephone number, next of kin contact and relationship to trustee (in case of emergency) (d) volunteers: name, address, telephone number, next of kin contact and relationship to volunteer (in case of emergency).
• Personal details – age, marital status, ethnicity, gender, sexuality, faith, employment status of clients. This enables us to monitor who is receiving services and ensure that t here is no discrimination based on any of these characteristics. Informed consent is required for Special Categories of Personal Details as stated below.
• Details about diagnosis and prognosis – illness type and stage, anything which might impact on the type of support required. This is to ensure that appropriate support is provided. This is a Special Category of Personal Details as stated below and specific consent must be sought and obtained.
• Details about frequency and type of support received. This enables us to monitor impact of support and change services if appropriate.
• Financial records – management accounts, invoices, payment details, staff and volunteer bank account details, salary details, annual leave records. This is for financial management of the business, payment of salaries and expenses and for Human Resources purposes
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
• Usage Data includes information about how you use our website, services.
• Aggregated Data such as statistical or demographic data for any purpose is also collected, used and may be shared. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
• Special Categories of Personal Data may be used (this includes details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) but only with the consent of the person concerned or from publicly available records (see clause 3  below). Generally speaking consent is not necessary when we store information unless it is classified as one of the special categories of Personal data when we will specifically ask you to give your consent.
  We do not collect any information about criminal convictions and offences.
• If you fail to provide personal data
  Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with  services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

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

• Direct. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, and email or otherwise. This includes personal data you provide when you :
  • apply for our services;
  • take up employment with us;
  • subscribe to our service or publications;
  • provide us with historical information or submissions for our records;
  • enter a competition, promotion or survey; or
  • give us some feedback.
• Automated technologies or interactions. As you interact with our website, we may 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.
• Cookies. Being There does not use first-party cookies on its web site and does not collect, store or distribute either internally or to others any details of the users of its web site. However our Website uses small files called “cookies” to improve your experience of the site, and enable us to distinguish you from other users. The cookieswe use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our Website works. Specifically, the following cookies are in use:
  • Google Analytics (3rd party). We use this to see how many visitors we are getting, and how they found us. You can find out more about Google Analytics’ cookies here: http://www.google.com/policies/privacy/ads/#toc-analytics
  • We also sometimes use video embedding, like YouTube (3rd party) to enhance your experience of content on our site. YouTube’s privacy notice including cookie policy is available at: https://policies.google.com/privacy?hl=en-GB&gl=uk
    You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Website may become inaccessible or not function properly.
    We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy as set out on our website for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:
    (i) analytics providers such as Google based outside the EU;
    (ii) advertising networks based inside or outside the EU and
    (iii) search information providers based inside or outside the EU.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside or outside the EU.
  • Identity and Contact Data from publicly availably sources such as Companies House, the Charities Commission, the Electoral Register, the General Registry Office, the Court Service and the Information Commissioner’s Office.
  • Identity and Contact Data from committee members or officers of BEING THERE.

4. How we use your personal data

Legitimate Interest: Legitimate Interest’ means the interest of our company in conducting and managing our business to enable us to give the best service. We balance this with any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests so your interests and fundamental rights do not override those interests.

We collect and use personal information for the legitimate interests of our charity, in order to perform a contract, and/or because we have a legal obligation to keep certain records.

In order to best support clients Being There gathers personal data with informed consent. This data allows us to contact individuals and their families and provide the right type of service for each individual. We will ask clients for your consent to us holding and using Special Categories of Personal Data (see clause 2 above).

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests in conducting and managing our business (or those of a third party).
• Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to Special Categories of Personal Data or sending third party direct communications including information of public interest to you via email or text message. You have the right to withdraw consent to receiving such information at any time by contacting us.

Being There collates all its personal data on a secure database called Views which is provided and maintained by Substance, Ground Floor, Canada House, Chepstow Street, Manchester. The data is stored off site on one of their servers and is accessed by our staff over the internet on computers owned and maintained by Being There. Access to the data is by a username and password and is limited to relevant employees of Being There and technical support staff of Substance.

The data we use is for internal use only and is not sold or shared with other organisations unless, for example it is to refer a client to another service. This would only been done with consent and only basic data such as name, contact number and reason for referral would be shared.

Data is collated anonymously to provide internal feedback to staff and trustees about the service and the people it supports. This data may be shared with the NHS and funding bodies to demonstrate the impact of the service.

Staff and volunteer data are stored on Views and financial details on payroll software, SAGE and HR Toolkit. As an employer we process data on individuals to perform our statutory duties in regard to employees and volunteers.

The trustees, employees and  general manager store data on Dropbox for ease of administration of the charity.

5. 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 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.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact usif you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register and deal with you as a member, an officer, committee member or authorised representative of Being There when your details are supplied to enable us to communicate with you To deal with you as a client or volunteer of Being There, when your details are supplied to enable us to communicate with you.	(a) Identity (b) Contact	(a) Performance of a contract with you (b) Necessary for our legitimate interests (for running our business, provision of administration and IT services to keep our records updated and (c) Compliance with company and charity law (legal obligation)
To process and deliver your requests including: (a) Manage payments, fees charges and expenses (b) Collect and recover money owed to us (c) Manage information requests	(a) Identity (b) Contact (c) Financial (d) Transaction	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us or to pay expenses incurred by you)
To manage our relationship with you and  which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey or give us feedback	(a) Identity (b) Contact (c) Profile	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (for running our charity, provision of administration and IT services to keep our records updated and to study how clients  use our services) (c) anonymised data following review, survey  or feedback.
To enable you to partake in a prize draw, competition or complete a survey or feedback	(a) Identity (b) Contact (c) Profile (d) Usage	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how clients  use our services, to develop them and grow our business) (c) anonymised data
To administer and protect our charity  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 charity, provision of administration and IT services, network security, to prevent fraud and in the context of a charity reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To provide historical information of interest to our members and to measure the effectiveness of that information	(a) Identity (b) Profile (c) Usage (d) Marketing and  communications	Necessary for our legitimate interests (to define types of clients  for our  services, to keep our Website updated and relevant, to develop Being There )
To use data analytics to improve our website,services, marketing, client and volunteer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of clients  for our services, to keep our Website updated and relevant, to develop our charity)
To make suggestions and recommendations to you about our services or information that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to develop our services and grow our charity)

Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6. Disclosures of your personal data

In order to carry out the purposes set out in the table above, we may have to share your personal data with the following parties:

• Service providers acting as processors based in the UK who provide administration services.
• Service providers acting as processors based outside the EEA who provide analytical services.
• Professional advisers acting as processors including lawyers, bankers, accountants, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer, or merge parts of our charity’s undertaking or our assets. Alternatively, we may seek to acquire other charities or organisations or merge with them. If a change happens, then the new owners may use your personal data in the same way as set out in this privacy notice. 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.

7. International transfers

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.We use Dropbox for cloud storage of data and management information.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield. Dropbox has Privacy Shield recognition.

Please contact usif you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

8. 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 officers, society trustees, employees, agents, contractors and other third parties who have a need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Data is kept in order to manage contact with our staff, clients and volunteers. It is also anonymously used to produce statistics about the effectiveness of the service and the composition of our clients’ and volunteers’ race, ethnicity and health to satisfy funders, CCGs, NHS and public bodies.

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 requirements.

A record containing personal data on a client is marked as discontinued and archived when we cease to work with them. The record is then deleted at the end of the financial year immediately following.

Data is kept for the financial year. In the case of clients, if services are continued the client’s data will remain on the database until services cease and stored as described above until deletion.

By law we have to keep basic information about employees (including Contact, Identity, Financial and Transaction Data) for six years after they cease being employees  for tax purposes.We retain similar data regarding trustees after they cease to be trustees without limit, the information being in the public domain with the Charity Commission and Companies House. Volunteer records are retained for 6 years after they cease to be a volunteer.

Records are archived for the relevant period stated above and then physically and confidentially destroyed, files being marked for destruction.

Computer records are ‘shredded’

10. Your legal rights

Under certain circumstances, you have rights under GDPR in relation to your personal data. These are the right to:

• Request access to your personal data. 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 your personal data. This enables you to have any incomplete or inaccurate data we hold about you corrected.
• Request erasure of your personal data. 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 have 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) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request to suspend and the restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request transfer of your personal datato 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.
• Right to withdraw consentwhere we are relying on consent to process your personal 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.

If you wish to exercise any of the rights set out above, please contact our data privacy manager.

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 may 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 may 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. Requests for access should be made to the Data Privacy Manager. The request should be made in writing and the data may be provided by us on paper or electronic pdf format.

APPROVED as the charity’s privacy policy by the trustees of Callplus (Being There) on 7th  June 2018

David Lambert (chair of trustees)