1.IMPORTANT INFORMATION AND WHO WE ARE
This website is not intended for children.
If you wish to contact us, our full details are:
Full name of legal entity: Vaila Health Ltd (SC604967)
Name of Lead Contact for Data Privacy Team: Simon Langford
Postal address: 53/55 York Place, Perth, United Kingdom, PH2 8EH.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK’s 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.
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.
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 follows:
Identity Data includes name, title and date of birth.
Contact Data includes address, email address and telephone numbers.
Financial Data includes payment card details.
Transaction Data includes details about payments from you and other details of services you have obtained from us.
Technical Data includes internet protocol (IP) address, 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 this website.
Usage Data includes information about how you use our website and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
In order to provide the Services, we will collect your Health Data. This will contain certain Special Categories of Personal Data. Your Health Data will include your race or ethnicity; your religious or philosophical beliefs; your sex life; your sexual orientation; your medical information; information about your health; and your genetic and biometric data.
We may also collect data relating to any previous criminal convictions.
Before gaining access to the Platform you will be prompted to give your consent to the collection and processing of your Health Data and in order to gain access to the Services, you must give this consent.
We offer Face-to-Face Consultations with children under the age of 16 provided that the child is at all times accompanied by a person with parental responsibility over that child. We will gather the same Personal Data and Health Data as outlined above for any child to whom we provide a Face-to-Face Consultation. We will only provide Face-to-Face Consultations to children where consent has been explicitly provided by the person with parental responsibility to us prior to any Face-to-Face Consultations with the child.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of the Conditions and you fail to provide that data when requested, we will not be able to perform the Services. In this case, we may have to cancel the provision of the Services 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 interactions. You may give us your Identity Data, Contact Data and Special Category Data by filling in forms or by corresponding with us by post, phone, email, at any point during the provision of the Services or otherwise. This includes personal data you provide when you:
apply for our Services;
are engaged in a Consultation or use the Platform in any way;
give us feedback or contact us; or
sign up for our marketing to be sent to you.
Technical Data from analytics providers.
Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
Third parties or publicly available sources. We may receive personal data about you from third parties including:
your registered NHS GP and/or practice;
other healthcare professionals.
4.HOW WE USE YOUR PERSONAL DATA
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 Services according to the Conditions.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
With the exception of Special Category Data, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or post. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for Which We Will Use Your Personal Data
We have set out below, in the following table, a description of all the ways we plan to use your personal data, and which the lawful basis on which we rely on to do so.
Please note that we may process your personal data on more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if 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.
Type of Data
Lawful Basis for Processing
To register you as a new client
Identity and Contact
Performance of a Contract with you
To process and deliver the Order (including managing payments, fees and charges and to collect and recover money owed to us)
Identity, Contact, Transaction, Financial, Marketing and Communication
Performance of a contract with you and necessary for our Legitimate Interests (to recover debts due to us)
To administer the Services to you following the processing of the Order
Identity, Contact, Transaction, Health
Performance of a contract with you, necessary for our Legitimate Interests (to recover debts due to us), necessary for medical diagnosis and the provision of health or social care or treatment
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Identity, Contact, Usage
Marketing and Communications and Technical
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 business sale) and necessary to comply with a legal obligation
Identity, Contact and Marketing and Communications
Performance of a Contract with you and Necessary for our Legitimate Interests (to keep our records updated)
To use data analytics to improve our website, products and services, marketing, customer relationships and experiences
Marketing and Communications, Technical and Usage
Necessary for our Legitimate Interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Marketing and Promotional Offers from Us
We may use your Identity Data, Contact Data, Usage Data and Marketing and Communications Data to promote our products, services and offers which may be relevant for you or which may be of interest to you (we call this marketing).
You will receive marketing communications from us if you have provided us with your details and you have opted-in to receiving that marketing.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of products or services we provide to you or other transactions.
We will get your express opt-in consent before we share your personal data with any third parties for marketing purposes.
You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. For more information about the cookies we use, please see [LINK].
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.
5.DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
Service providers who provide services including:
analytics and search engine providers that assist us in the improvement and optimisation of our site. This may include for the avoidance of doubt, our use of Google Analytics; and
newsletter providers including MailChimp.
Your current registered NHS GP and/or medical practice, and any private medical specialists but only with your explicit consent.
Any regulatory and/or other authorities to whom we are required to report in certain circumstances.
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.
We do not transfer your personal data outside the European Economic Area (EEA).
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 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.
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.
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.
In some circumstances you can ask us to delete your data: see Request Erasure below for further information.
9.YOUR LEGAL RIGHTS
Under certain circumstances, you have 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. 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. Please 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. There may be 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of 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 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. Please 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. 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 us.
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.