prOKare

Data Protection Compliance Statement for Potential Clients

This document demonstrates our commitment to protect the privacy and security of your personal information. It contains information regarding how we collect and use personal data or personal information about you in advance of any employment relationship in accordance with the General Data Protection Regulation (GDPR) and all other data protection legislation currently in force. 

Pursuant to that legislation, when processing data we will:

  • process it fairly, lawfully and in a clear, transparent way

  • collect your data only for reasons that we find proper for the course of your employment in ways that have been explained to you

  • only use it in the way that we have told you about

  • ensure it is correct and up to date

  • keep your data for only as long as we need it

  • process it in a way that ensures it will not be lost or destroyed or used for anything that you are not aware of or have consented to (as appropriate).

prOKare is a “data controller”. This means that we are responsible for determining the purpose and means of processing personal data relating to you.

Personal data”, or “personal information”, means any information relating to an identified, or identifiable individual in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

There are “special categories” of sensitive personal data, meaning data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health conditions, sex life or sexual orientation, genetic data, and biometric data which require a higher level of protection.

We reserve the right to make changes to this statement at any time.

DETAILS OF INFORMATION WE WILL HOLD ABOUT YOU  

The list below identifies the kind of data that we will process about you:

  • personal contact details such as name, title, addresses, telephone numbers, and personal email addresses

  • date of birth

  • gender

  • your photograph

  • marital status and dependents

  • national Insurance number

The following list identifies the kind of data that we will process and which falls within the scope of “special categories” of more sensitive personal information:

  • information relating to your race or ethnicity, religious beliefs and sexual orientation;

  • information about your health, including any medical conditions and disabilities;

  • information about criminal convictions and offences

HOW WE COLLECT YOUR PERSONAL AND “SPECIAL CATEGORIES” OF SENSITIVE INFORMATION

Personal and sensitive information is obtained through the application process for residential care, assessment for admission, and on-going assessments during placement. We may occasionally request further information from third parties including, but not limited to, previous placements, representatives of the purchasing authority, pertinent health and social care professionals, family and relatives. And any further personal and sensitive information that may be collected in the course of your living in a prOKare home.

PROCESSING INFORMATION ABOUT YOU  

We will only administer personal information in accordance with the lawful bases for processing. At least one of the following will apply when we process personal data:

  • consent: You have given clear consent for us to process your personal data for a specific purpose.

  • contract: The processing is necessary for a contract we have with you, or because we have asked you to take specific steps before entering into a contract.

  • legal obligation: The processing is necessary for us to comply with the law (not including contractual obligations).

  • vital interests: the processing is necessary to protect someone’s life.

  • public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.

  • legitimate interests: the processing is necessary for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect your personal data which overrides those legitimate interests.

LAWFUL BASIS FOR PROCESSING YOUR PERSONAL AND “SPECIAL CATEGORIES” OF SENSITIVE INFORMATION

We consider that the basis for which we will process the data contained in the list above is to enable us to consider whether we may wish to/prepare for entering into a contract or agreement with you and to enable us to comply with our legal obligations. Occasionally, we may process personal and special category sensitive information about you to pursue legitimate interests of our own or those of third parties, provided there is no good reason to protect your interests and your fundamental rights do not override those interests. Occasionally, special categories of data may be processed where you are not capable of giving your consent, where you have already made the information public or in the course of legitimate business activities or legal obligations and in line with the appropriate safeguards.

The circumstances in which we will process your personal information are listed below:

  • making a decision about your suitability for admission to a prOKare home

  • assessing your physical, psychological and social needs

  • developing care and rehabilitation plans

  • where applicable opening a personal bank account for you

  • where applicable, information pertaining to personal benefits

  • complying with health and safety obligations

  • addressing your personal needs in relation EDHR

  • to determine adaptations to the living environment for your safety, care and mobility

There may be more than one reason to validate the reason for processing your personal information.

Where appropriate, we may seek your written authorisation to process special categories of data. Upon such an occasion we will endeavor to provide full and clear reasons at that time in order for you to make an informed decision. In any situation where consent is sought, please be advised that you are under no obligation to comply with a request.

SHARING DATA  

Your data will be shared with individuals within the Company where it is necessary for them to undertake their duties. This includes those who are responsible for screening your application for residential care and assessing you.

Data sharing may arise due to a legal obligation, as part of the performance of a contract or in situations where there is another legitimate interest (including a legitimate interest of a third party) to do so.

The list below identifies which activities are carried out by third parties on our behalf:

  • health and social care professionals who are involved in your care, welfare and rehabilitation

  • professionals involved in serving your educational and vocational needs and wants

  • staff involved in the administration process relating to your residence

Data may be shared with 3rd parties in the following circumstances:

  • in relation to the maintenance support and/or hosting of data

  • to adhere with a legal obligation

  • in the process of obtaining advice and help in order to adhere with legal obligations.

If data is shared, we expect third parties to adhere and comply with the GDPR and protect any data of yours that they process. We do not permit any third parties to process personal data for their own reasons. Where they process your data it is for a specific purpose according to our instructions.

We do not anticipate that we will transfer data to other countries.

DATA SECURITY

As part of our commitment to protecting the security of any data we process, we have put in place measures to protect the security of your information to prevent it from being, damaged, interfered with, accidentally lost, stolen, compromised used, accessed and used in an unauthorized way, altered or disclosed. We limit access to your personal information to those persons who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. If you would like further details please contact Head Office email: enquiries@prOKare.co.uk or write to The Administrator, prOKare Ltd, P.O. Box 2595, Bewdley, Worcs. DY12 2SA.

In cases of a breach, or suspected breach, of data security you will be informed, as will any appropriate regulator, in accordance with our legal obligations.

DATA RETENTION

We anticipate that we will retain your data for no longer than is necessary for the purpose for which it was collected.

We have given consideration to the following in order to decide the appropriate retention period:

  • quantity

  • nature

  • sensitivity

  • risk of harm

  • purpose for processing

  • legal obligations

If your application is not successful, we will keep your data for no longer than six months.

If your application for residential care is successful, your data will be kept and transferred to the systems we administer for our clients.

YOUR RIGHTS IN RELATION TO YOUR DATA  

We commit to ensure that any data we process is correct and up to date. It is your obligation to make us aware of any changes to your personal information.

In some situations, you may have the:

  • Right to be informed. This means that we must tell you how we use your data, and this is the purpose of this privacy notice.

  • Right to request access. You have the right to access the data that we hold on you. To do so, you should make a subject access request.

  • Right to request correction. If any data that we hold about you is incomplete or inaccurate, you are able to require us to correct it.

  • Right to request erasure. If you would like us to stop processing your data, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue processing it.

  • Right to object to the inclusion of any information. In situations where we are relying on a legitimate interest (or those of a third party) you have the right to object to the way we use your data where we are using it.

  • Right to request the restriction of processing. You have the right to ask us to stop the processing of data of your personal information. We will stop processing the data (whilst still holding it) until we have ensured that the data is correct.

  • Right to portability. You may transfer the data that we hold on you for your own purposes.

  • Right to request the transfer. You have the right to request the transfer of your personal information to another party.

Where you have provided consent to our use of your data, you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so.

If you wish to exercise any of the rights explained above, please contact Head Office email: enquiries@prokare.co.uk or write to The Administrator, prOKare Ltd, P.O. Box 2595, Bewdley, Worcs. DY12 2SA. 

Consequences of failure to provide personal information

If certain personal information is not provided when requested, it may affect our ability to enter into a contract with you, and it may prevent us from complying with our legal obligations.

Change of purpose for processing data

We commit to only process your personal information for the purposes for which it was collected, except where we reasonably consider that the reason for processing changes to another reason and that reason is consistent with the original basis for processing. Should we need to process personal information for another reason, we will inform you of this and advise you of the lawful basis upon which we will process.

Important note: We may process your personal information without your knowledge or consent, in compliance with the above rules (see above section – lawful basis for processing your personal and sensitive information).

In the event that you admitted to a prOKare home, any information already collected may be processed further in accordance with our data protection policy.

QUESTIONS OR COMPLAINTS

Should you have any questions regarding this statement, please contact prOKare Head Office: enquiries@prokare.co.uk, call 01299 404929, or write to The Administrator, prOKare Ltd, P.O. Box 2595, Bewdley, Worcs. DY12 2SA.

The supervisory authority in the UK for data protection matters is the Information Commissioner (ICO). If you think your data protection rights have been breached in any way by us, you are able to make a complaint to the ICO.