When you use So To Speak Ltd you trust us with your information. This privacy policy is meant to help you understand what data we collect, why we collect it, and what we do with it. We have tried to make it as simple as possible but if you have any questions please contact us.

Laura Elwell, Founder and Principal Therapist, assumes the function of data controller and supervises the compliance with General Data Protection Regulation (GDPR) within the business.

1. Information we collect

2. Where we get our information

3. How we use the information we collect

4. Information we share

5. How and when consent is obtained

6. How we protect your data

7. Protecting your rights to data

8. Security of your personal data

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1 Information we collect

So To Speak Ltd holds personal data as part of conducting a professional service. The data follows under the following headings: healthcare records, educational records, clinical records, and financial records.

1.1 Contact and healthcare records

A healthcare record refers to all information collected, processed and held both in manual and electronic formats pertaining to the service user and their care. Speech and language difficulties can be complex, and a wide range of information may be collected in order to best meet the needs of the client, and to maintain a high quality service which meets best practice requirements. In order to provide a high quality service, a range of information may be collected.

Examples of data collected and held on all current and active clients include the following:

• Contact details: Name, address, phone numbers, e-mail address
• Personal details: date of birth
• Other contacts: name and contact details of GP and any other relevant healthcare professionals involved.

For child services:

• Parent/guardian details
• Description of family
• Educational placements
• Pre- and post-natal history: This can include information relating to mother’s pregnancy, and child’s birth
• Developmental data: developmental milestones, feeding history, audiology history
• Medical details: such as any relevant illnesses, medications, and relevant family history. Reports from other relevant allied health professionals such as: Audiology, Psychology, CAMHS (Child & Adolescent Mental Health Services), Occupational therapy, Physiotherapy, Ophthalmology

1.2 Educational records

Relevant Educational, Health and Care Plans (EHCPs), progress notes from educational staff and school reports may be held.

1.3 Clinical records

Specific data in relation to communication skills may be collected and held, such as assessment forms, reports, case notes, e-mails, text messages and transcripts of phone. Audio and video files may also be collected and stored.

1.4 Financial records

A financial record pertains to all financial information concerning the practice, e.g. invoices, receipts, information for Revenue. So To Speak Ltd may hold data in relation to: on-line purchasing history, card payments, bank details, receipts and invoices. Information will include name of bill payer, client name, address and record of invoices and payments made.

2 Where we get our information

Personal data will be provided by the client, or in the case of a child (under 16 years), their parent(s)/guardian(s). This information will be collected as part of a case history form prior to, or on the date of first contact.

Information may also be provided directly from relevant third parties such as schools, medical professionals and allied health professionals, with prior consent from the parent(s)/ guardian(s).

3 How we use the information that we collect

We use the information we collect to provide assessment and therapy as per the relevant professional guidelines, as well as to maintain the general running of the business, such as running our electronic booking system, keeping our accounts and updating you of any changes in policies or fees.

Information may also be used for research purposes, with the written consent of the client or parent/guardian.

3.1 Data retention periods

The retention periods are the suggested time periods for which the records should be held based on the organisation’s needs, legal and/or fiscal precedence or historical purposes. Following the retention deadline, all data will be destroyed under confidential means.

3.2 Client Records

3.2.1 Clinical Records

So To Speak Ltd keeps electronic records of clinical data in order to provide a service.

• The preferred format for clinical data is electronic
• So To Speak complies with Health and Care Professionals Council (HCPC) guidelines and must securely store the records until 7 years after treatment OR in the case of a paediatric client, the client reaches the age of 25. Following this period the records will be deleted
• Clinical data used for research purposes, may be kept for longer than 7 years
• Video records/ voice recordings relating to client care/videoconferencing records may be recorded with consent, analysed and kept for clinical reasons. If written consent is provided to use recordings for training purposes, the client will have the option to withdraw consent at any time

3.2.2 Financial Records

So To Speak Ltd keeps electronic records of financial data from those who use our services.

Revenue Commissioners require records to be retained for a minimum period of seven years after the completion of the transactions, acts or operations to which they relate. These requirements apply to manual and electronic records equally.

• Financial Data is kept for 7 years to adhere to Revenue guidelines
• Financial Data (including non-payment of bills) can be given to Revenue at Revenue’s request

3.2.3 Contact Data

Contact Data is kept for 7 years to allow processing of Financial Data if required. (This may be retained for longer for safety, legal request, or child protection reasons.)

3.3 Exceptions

If under investigation or if litigation is likely, files must be held in original form indefinitely, otherwise files are held for the minimum periods set out above.

4 Information we share

We do not share personal information with companies, organisations and individuals outside So To Speak Ltd unless one of the following circumstances apply:

4.1 With your consent:

We will only share your Personal Identifying Information (PII) to third parties when we have consent to do so. I require opt-in consent for the sharing of any sensitive information.

Third parties may include: hospitals, GPs, other allied health professionals, educational facilities.

4.2 For legal reasons:

We will share personal information with companies or organisations outside of So To Speak Ltd if disclosure of the information is reasonably necessary to:

• Meet any applicable law, regulation, legal process or enforceable governmental request
• Meet the requirements of the Children and Social Work Act 2017
• To protect against harm to the rights, property or safely of So To Speak Ltd, our service users or the public as required or permitted by law.

4.3 To meet financial requirements:

So To Speak Ltd also is required to share Financial data with our financial and legal advisors in order to comply with local tax laws.

4.4 For processing by third parties/external processing

4.4.1 Transfer of personal data outside the European Economic Area (EEA):

In certain instances, personal data may be transferred outside the EEA, e.g. to the US or other countries. This would be for specific purposes such as web-based appointment scheduling. In such instances, So To Speak Ltd will use third parties which meet the privacy standards of GDPR.

Companies which So To Speak Ltd uses are:

Pathway Software (UK) Limited - WriteUpp

• Client contact details, appointment scheduling, session notes, assessments, reports
• To accurately document the status and progress of clients

Xero

• Client contact address / name and financial/billing information
• Accounting and billing

5 How and when we obtain consent

A consent form will be issued via email. Users will be directed to read the privacy statement and to tick to agree to the terms. Services cannot be initiated without ticked consent to our set privacy policy.

Should a client wish to withdraw their consent for data to be processed, they can do so by contacting So To Speak Ltd.

6 How we protect your data

In accordance with the General Data Protection Regulation (GDPR), we will endeavour to protect your personal data in a number of ways:

6.1 By limiting the data that we collect in the first instance

All data collected by us will be collected solely for the purposes set out at 1 above and will be collected for specified, explicit and legitimate purposes. The data will not be processed any further in a manner that is incompatible with those purposes save in the special circumstances referred to in section 4. Furthermore, all data collected by us will be adequate, relevant and limited to what is necessary in relation to the purposes for which it is collected which include, the assessment, diagnosis and treatment of speech, language and communication disorders.

6.2 By transmitting the data in certain specified circumstances only

Data will only be shared and transmitted, be it on paper or electronically only as is required, and as set out in section 3.

6.3 By keeping only the data that is required

When it is required and by limiting its accessibility to any other third parties.

6.4 By disposing of/destroying the data once the individual has ceased receiving treatment

Within 7 years of the completion of this treatment apart from the special categories of personal data as set out at 1.1 above. Where data is required to be held by us for longer than the period of 7 years we will put in place appropriate technical and organisational measures to ensure a level of security appropriate to the risk. These may include measures such as the encryption of electronic devices, pseudonymisation of personal data, and/or safe and secure storage facilities for paper/electronic records.

6.5 By retaining the data for only as long as is required

Which in this case is 6 years except for circumstances in which retention of data is required in circumstances set out at part 1.1 above or in certain specific circumstances as set out at Article 23(1) of the GDPR.

6.6 By destroying the data securely and confidentially after the period of retention has elapsed.

This could include the use of confidential shredding facilities or, if requested by the individual, the return of personal records to the individual.

6.7 By ensuring that any personal data collected and retained is both accurate and up-to-date.

7 Protecting your Rights to Data

7.1 Adult clients

Adults have the right to request data held on them as per article 15 of GDPR. A request must be made in writing. Further information regarding accessing your personal data are available in the document ‘Rights of Individuals under the General Data Protection Regulation’, downloadable from: https://ico.org.uk/

7.2 Children

For children under the age of 16, data access requests are made by their guardians. When a child turns 16, then they may make a request for their personal data.

8 Security

So To Speak Ltd as with most providers of healthcare services is aware of the need for privacy. As such, we aim to practice privacy by design as a default approach, and only obtain and retain the information needed to provide you with the best possible service.

All persons working in, and with So To Speak Ltd in a professional capacity are briefed on the proper management, storage and safekeeping of data.

All data used by So To Speak Ltd, including personal data may be retained in any of the following formats:

1. Electronic Data

2. Physical Files (which will be scanned, uploaded and then shredded)

The type of format for storing the data is decided based on the format the data exists in.

8.1 Data Security

So To Speak Ltd understands that the personal data used in order to provide a service belongs to the individuals involved. The following outlines the steps which So To Speak Ltd use to ensure that the data is kept safe.

8.1.1 Electronic Data

All electronic data is contained in the following systems:

WriteUpp:
- This system is physically located in the European Union.

• This system provider is aware of their requirements for GDPR compliance
• The system has an internal administrator / Database owner
• This system has a Live Update for security enabled
• All persons working in So To Speak Ltd have read/write access only to records appropriate to the role that they are carrying out
• All persons require a Log on and Password in order to access the records
• A copy of the files are not made on the users’ computer when in use
• The data controller in So To Speak Ltd can remove or delete users
• The data controller in So To Speak Ltd can change users passwords

Xero:
- This system is physically located in the US.

• This system provider is aware of their requirements for GDPR compliance
• The system has an internal administrator / Database owner
• This system has a Live Update for security enabled
• Only administrative staff and professional advisors have access to this information
• All persons require a Log on and Password in order to access the records
• A copy of the files are not made on the users’ computer when in use
• The data controller in So To Speak Ltd can remove or delete users
• The data controller in So To Speak Ltd can change users passwords

8.2 Security Policy

8.2.1 So To Speak Ltd understands that requirements for electronic and physical storage may change with time and the state of the art. As such, the data controller in So To Speak Ltd reviews the electronic and physical storage options available to So To Speak Ltd every 12 months.

8.2.2 All persons working in So To Speak Ltd are aware and briefed on and refresh the requirements for good data hygiene every 12 months. This briefing compliance is monitored by the So To Speak Ltd data controller and includes, but is not limited to:

• Awareness of client conversations in unsecure locations
• Enabling auto-lock on devices when leaving them unattended, even within So To Speak Ltd locations
• Use of non-identifiable note taking options
• The awareness of So To Speak Ltd procedure should a possible data breach occur, either through malicious (theft) or accident (loss) of devices or physical files

Date of document: 17th May 2020