Orchard Care Homes Privacy Notice

Protecting and accessing personal information

As part of the services Orchard Care Homes provides, it is required to process personal data about its staff, its residents and, in some instances, the friends or relatives of its residents and staff. “Processing” can mean collecting, recording, organising, storing, sharing or destroying data.

Orchard Care Homes is committed to providing transparent information on why the Company needs your personal data and what is done with it. This information is set out in this privacy notice. It will also explain your rights when it comes to your data.

If you have any concerns or questions, please contact Orchard Care Homes’ Data Protection Officer by emailing dpo@orchardcarehomes.com

Residents

What data does Orchard Care Homes collect?

So that the Company can provide a safe and professional service, Orchard Care Homes needs to keep certain records about you.

This may record the following types of data about you:

Your basic details and contact information e.g. your name, address, date of birth and next of kin
Your financial details e.g. details of how you pay us for your care, or your funding arrangements

Orchard Care Homes also records the following data, which is classified as “special category”:

Health and social care data about you, which might include both your physical and mental health data
This may also record data about your race, ethnic origin, sexual orientation or religion

Why does Orchard Care Homes have this data?

This data is required so that we can provide high-quality care and support. By law, Orchard Care Homes needs to have a lawful basis for processing your personal data.

Data is processed because:

The Company is required to do so in order to fulfil a contract that the Company has with you
The Company has a legal obligation to do so – generally under the Health and Social Care Act 2012 or Mental Capacity Act 2005
The Company is required to do so in its performance of a public task

Orchard Care Homes processes your special category data because:

It is necessary for the Company to provide and manage social care services
The company is required to provide data to the regulator, the Care Quality Commission (CQC), as part of the Company’s public interest obligations
It is necessary due to social security and social protection law

Data may also be processed with your consent. Orchard Care Homes will request permission and will offer you a clear choice and ask that you confirm to us that you consent. Orchard Care Homes will also explain clearly to you what we need the data for and how you can withdraw your consent.

Where do we process your data?

So that the Company, can provide you with high quality care and support, specific data must be used. This is collected from or
shared with:

You or your legal representative(s)
Third parties

Third parties are organisations that Orchard Care Homes has a legal reason to share your data with. These include:

Other parts of the health and social care system such as local hospitals, the GP, the pharmacy, social workers, clinical commissioning groups, and other health and care professionals
The Local Authority
Organisations we have a legal obligation to share information with i.e. for safeguarding, the CQC
The police or other law enforcement agencies if the Company has to by law or court order

The information will be kept safe and secure and is generally collected face to face, via telephone and email. It could also be collected from the Orchard Care Homes website, surveys, in the post and through application forms.

Staff

What data does Orchard Care Homes retain?

So that the Company can provide a safe and professional service, certain records need to be kept about you. Orchard Care Homes may record the following types of data about you:

Your basic details and contact information e.g. your name, address, date of birth, National Insurance number and next of kin
Your financial details e.g. details so that the Company can pay you, insurance, pension and tax information
Your training records

The following data is also recorded, which is classified as “special category”:

Health and social care data about you, which might include both your physical and mental health data – the Company will only collect this if it is necessary for us to know as your employer, e.g. fit notes or in order to claim statutory maternity pay
The Company may also record data about your race and ethnic origin

As part of your application you may – depending on your job role – be required to undergo a Disclosure and Barring Service (DBS) check (Criminal Record Check).

Why does Orchard Care Homes have this data?

Orchard Care Homes is required to retain this data so that the Company can contact you, pay you and make sure you receive the training and support you need to perform your job. By law, the Company needs to have a lawful basis for processing your personal data.

The Company processes your data because:

The Company has a legal obligation under UK employment laws
The Company has been required to do so in our performance of a public task

Orchard Care Homes processes your special category data because:

It is necessary for the Company to process requests for sick pay or maternity pay
The Company is required to provide data to the regulator, the Care Quality Commission (CQC), as part of the Company’s public interest obligations

If Orchard Care Homes requests your criminal records data, it is because there is a legal obligation to do this due to the type of work you do. This is set out in the Data Protection Act 2018 and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. The Company does not keep a record of your criminal records information (if any).

Orchard Care Homes may process your data with your consent. If the Company needs to do this, Orchard Care Homes will ask for your permission, and offer you a clear choice and ask that you confirm with the Company that you consent. A clear explanation will be given to you on what the Company will need the data for and how you can withdraw your consent.

Where does Orchard Care Homes process your data?

As your employer we need specific data. This is collected from or shared with:

You or your legal representative(s)
Third parties

Orchard Care Homes does this face to face, via phone, via email, via our website, via post and via application forms and via applications.

Third parties are organisations that the Company has a legal reason to share your data with. These include:
Her Majesty’s Revenue and Customs (HMRC)
Pension and healthcare schemes
External payroll provider
Organisations the Company has a legal obligation to share information with i.e. for safeguarding, the CQC
The police or other law enforcement agencies if the Company has to by law or court order
The DBS Service

Friends/relatives

What data does the Company hold?

As part of Orchard Care Homes’ work providing high-quality care and support, it might be necessary that the Company holds the
following information on you:

Your basic details and contact information e.g. your name and address

Why has the Company got this data?

By law, Orchard Care Homes needs to have a lawful basis for processing your personal data.

The Company processes your data because we have a legitimate business interest in holding next of kin and lasting power of attorney information about the individuals who use the Company’s service and keeping emergency contact details for Orchard Care Homes staff.

Orchard Care Homes may also process your data with your consent. If the Company needs to ask for your permission, the Company will offer you a clear choice and ask that you confirm to us that you consent. There will be a clear explanation provided as to what the Company needs your data for and how you can withdraw your consent.

Where does Orchard Care Homes process your data?

So that we can provide high quality care and support the Company needs specific data. This is collected from or shared with:

You or your legal representative(s)
Third parties.

This is done face to face, via telephone, via email, via our website, via post, via application forms.

Third parties are organisations that the Company has a legal reason to share your data with. These may include:

Other parts of the health and care system such as local hospitals, the GP, the pharmacy, social workers, clinical commissioning groups, and other health and care professionals
The Local Authority
The police or other law enforcement agencies if the Company has to by law or court order

Orchard Care Homes website

In order to provide you with the best experience while using the Orchard Care Homes website, the Company might process some data about you.

Please refer to the Website Privacy Policy in order to understand further how Orchard Care Homes collects your information on the website and any cookies that are used.

Your rights

The data that Orchard Care Homes keeps about you is your data and the Company ensures that we keep it confidential and that it is used appropriately. You have the following rights when it comes to your data:

You have the right to request a copy of all of the data that Orchard Care Homes keeps about you. Generally, the Company will not charge for this service
You have the right to ask to correct any data that the Company has which you believe to be inaccurate or incomplete. You can also request that the Company restricts all processing of your data while Orchard Care Homes considers your rectification request
You have the right to request that the Company erases any of your personal data which is no longer necessary for the purpose the Company originally collected it for. Orchard Care Homes retains its data in line with the Information Governance Alliance’s guidelines
You may also request that Orchard Care Homes restricts processing if the Company no longer requires your personal data for the purpose it was originally collected it for, but you do not wish for it to be erased
You can ask for your data to be erased if Orchard Care Homes has asked for your consent to process your data. You can withdraw consent at any time – please contact the Company to do so
If the Company is processing your data as part of Orchard Care Homes’ legitimate interests as an organisation or in order to complete a task in the public interest, you have the right to object to that processing. The Company will restrict all processing of this data while your objection is investigated
You may need to provide adequate information for Orchard Care Homes staff to be able to identify you, for example, a passport or driver’s licence. This is to make sure that data is not shared with the wrong person inappropriately. The Company will always respond to your request as soon as possible and at the latest within one month.

If you would like to complain about how Orchard Care Homes has dealt with your request, please contact:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
https://ico.org.uk/global/contact-us/