Introduction
Ashdale Care Ireland Limited (“Ashdale Care”) fully respects your right to privacy and we are committed to ensuring that your privacy is protected. Whether you deal with Ashdale Care as a resident, family member, employee, external professional or otherwise, you are entitled to the protection of your personal information. This personal data may relate to your name, telephone number, email address or any other information relating to you. This policy outlines how your personal data is collected, handled and stored in line with this Policy and applicable data protection legislation.
Who is responsible for the processing of your Personal Data?
For the purpose of the EU General Data Protection Regulation 2016/679 (“GDPR”), the data controller is Ashdale Care Ireland Limited whose registered office is Huguenot House, 35-38 Saint Stephen’s Green, Dublin 2.
Who can you contact if you have Questions or Requests?
Our Data Protection Manager can handle your questions or requests relating to this Policy or your personal data. For any questions or requests or complaints concerning the application of this Policy or to exercise your rights, as described in this Policy, you may contact us at the Data Protection Manager at: dataprotectionmanager@ashdalecare.com
Data Protection Law
The GDPR dictates how personal data must be collected, handled and stored. This Regulation applies to data stored electronically, on paper or otherwise. To comply with the legislation, personal data must be collected and used fairly, stored safely and not disclosed unlawfully. We value your personal data entrusted to us and we are committed to processing your personal data in a fair, transparent and secure way. The key principles that Ashdale Care applies are as follows:
- Lawfulness: we will only collect your Personal Data in a fair, lawful and transparent manner.
- Data minimisation: we will limit the collection of your Personal Data to what is directly relevant and necessary for the purposes for which they have been collected.
- Purpose limitation: we will only collect your Personal Data for specified, explicit and legitimate purposes and not process your Personal Data further in a way incompatible with those purposes.
- Accuracy: we will keep your Personal Data accurate and up to date.
- Data security and protection: we will implement technical and organisational measures to ensure an appropriate level of data security and protection considering, among others, the nature of your Personal Data to be protected. Such measures provide for the prevention of any unauthorised disclosure or access, accidental or unlawful destruction or accidental loss, or alteration and any other unlawful form of Processing.
- Access and rectification: we will process your Personal Data in line with your legal rights.
- Retention limitation: we will retain your Personal Data in a manner consistent with the applicable data protection laws and regulations and for no longer than is necessary for the purposes for which it has been collected.
- Protection for international transfers: we will ensure that any of your Personal Data transferred outside the EEA is adequately protected.
- Safeguards re third parties: we will ensure that Personal Data access by (and transfers to) third parties are carried out in accordance with applicable law and with suitable contractual safeguards.
- Lawfulness of direct marketing and cookies: if we send you promotional materials or place cookies on your computer, we will ensure that we do so in accordance with applicable law.
What information do we Collect?
We receive and store information that you provide directly to us that is necessary in the provision of the Services. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Names of individual(s)
- Postal addresses
- Email addresses
- Telephone numbers
- Medical records
- Education records
- Any other information relating to individual(s)
How do we use the information?
We will only process your Personal Data for specified, explicit and legitimate purposes and we will not process your Personal Data further in a way that is incompatible with those purposes.
The purposes for which we process your personal data are the provision of specialist therapeutic residential services for young people with complex, emotional and behavioural problems who cannot be adequately cared for in a mainstream setting (the “Services”).
Legal Basis for Processing your Data
The legal basis for the processing of your Personal Data is (i) our legitimate interest in the provision of the Services, (ii) the processing is necessary for the performance of a contract for the provision of the Services and (iii) in some cases to protect the vital interests of the data subjects.
The legal basis for the processing of your special category data is (i) it is necessary for the purposes of carrying out our obligations in the field of social protection law and (ii) in some cases to protect the vital interests of the data subjects.
Is my Personal Data secure?
We use appropriate technical, organisational and administrative security measures to protect any information we hold in our records from loss, misuse, and unauthorized access, disclosure, alteration and destruction.
These measures have been designed taking into account our IT infrastructure, the potential impact on your privacy and the costs involved and in accordance with current industry standards and practice.
Your Personal Data will only be processed by a third-party data processor if that data processor agrees to comply with those technical and organisational data security measures.
Maintaining data security means protecting the confidentiality, integrity and availability of your Personal Data:
- a) Confidentiality: we will protect your Personal Data from unwanted disclosure to third parties.
- b) Integrity: we will protect your Personal Data from being modified by unauthorised third parties.
- c) Availability: we will ensure that authorized parties are able to access your Personal Data when needed.
Our data security procedures include: access security, backup systems, monitoring, review and maintenance, management of security incidents and continuity, etc.
How long will we use your 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.
Data in relation to young people resident will be held for the duration of their care by Ashdale Care.
Ashdale Care is required to retain specific personal data in relation to residents, ex-residents, employees and others in line with legislation and requirements of Tusla the Child Care Governing Body, RoI and the Health and Social Care Trusts, NI. The length of time data is held varies in relation to specific documentation.
Cookies and other tracking technologies
A “cookie” is a bite-sized piece of data that is stored on your computer’s hard drive. They are used by nearly all websites and do not harm your system. We use them to track your activity to help ensure you get the smoothest possible experience when visiting our website. We can use the information from cookies to ensure we present you with options tailored to your preferences on your next visit. We can also use cookies to analyse traffic and for advertising purposes.
If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. Please consult our Cookie Policy for more information about the type of cookies and tracking technologies that we use on this Website and why, and how to accept and reject them.
Disclosure of Personal Data
Depending on the purposes for which we collect your Personal Data, we may disclose it to the following categories of recipients, which will then process your Personal Data only for one of the following purposes:
- a) Within our organisations:
– Our authorised staff members;
– Our affiliates and subsidiary companies;
- b) Third parties
– (Tusla, Health and Social Care Trust, Inspectorate, Guardian ad Litems, Social Workers, Health Care Professionals, Legal Professionals, Agents processing Police/Garda clearance, Education Professionals & Police):
– when required by law or as lawfully necessary to protect Ashdale Care:
– to comply with the law, requests from authorities, court orders, legal procedures, obligations related to the reporting and filing of information with authorities, etc.;
– to verify or enforce compliance with Ashdale Care’s policies and agreements;
– to protect the rights, property or safety of Ashdale Care and/or its customers; and
– in connection with corporate transactions: in the context of a transfer or divestiture of all or a portion of its business, or otherwise in connection with a merger, consolidation, change in control, reorganisation or liquidation of all or part of Ashdale Care’s business.
How can I Exercise my Data Subject Rights?
Under the General Data Protection Regulation, you have the following rights:
Right to object: If we are using your data because we deem it necessary for our legitimate interests to do so, and you do not agree, you have the right to object. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases). Generally, we will only disagree with you if certain limited conditions apply.
Right to withdraw consent: Where we have obtained your consent to process your Personal Data for certain activities, or consent to market to you, you may withdraw your consent at any time.
Right to Rectification: If your Personal Data that we hold is inaccurate or incomplete, you have the right to request the rectification of your Personal Data.
Data Subject Access Requests: Just so it’s clear, you have the right to ask us to confirm what information we hold about you at any time, and to provide you with copies of that information. We will respond to your request within 30 days. At this point we may comply with your request or, additionally do one of the following:
– we may ask you to verify your identity, or ask for more information about your request; and
– where we are legally permitted to do so, we may decline your request, but we will explain why if we do so.
Right to erasure: In certain situations (for example, where we have processed your data unlawfully), you have the right to request us to “erase” your Personal Data. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases) and will only disagree with you if certain limited conditions apply. If we do agree to your request, we will delete your data.
Right of data portability: If you wish, you have the right to transfer your data from us to another data controller. We will help with this – either by directly transferring your data for you, or by providing you with a copy in a commonly used machine-readable format.
Right to lodge a complaint with a supervisory authority: You also have the right to lodge a complaint with the Office of the Data Protection Commissioner.
If your interests or requirements change, you can unsubscribe from part or all of our marketing content (for example job role emails or Ashdale Care newsletters) by clicking the unsubscribe link in the email, or by sending us a request via email).
Changing this Policy
We may need to change this Privacy Statement from time to time. We will alert you to material changes by, for example, placing a notice on our websites and/or by sending you an email (if you have registered your e-mail details with us) when we are required to do so by applicable law. You are responsible for periodically reviewing this Privacy Statement.