Terms of Business, Website Privacy Policy and Website Terms of Use
Terms of Business
All engagement, consultations or otherwise, with Lancefield Private Clinic is to be governed and construed in accordance with these Conditions.
If you have any questions, please contact us at enquiries@lancefieldprivateclinic.com.
1. Interpretation
1.1 Definitions:
Business
means Lancefield Private Clinic (“us” “we” “our”).
Charges
the charges payable by the Client for the supply of the Services by the Business, as set out in the preliminary email correspondence between the Client & the Business.
Client
the person who has Legal Responsibility for the Patient (“you”).
Conditions
the terms and conditions set out in this document as amended from time to time in accordance with clause 13.2.
Contract
the contract (whether in oral or in writing) between the Business and the Client for the provision of the Services in accordance with these Conditions.
Intellectual Property Rights
rights to inventions, copyright and trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), all case notes, reports, forms, paperwork, any audio and visual recordings obtained in the Businesses provision of the Services and all other intellectual property rights.
Legal Responsibility
all the rights, duties, powers, responsibilities and authority that a parent or guardian of a child has in relation to the child and the child’s property under the Children (Northern Ireland) Order 1995 (as amended from time to time) (the Order) and/or other applicable mandatory requirements of the law, which includes the concept of “parental responsibility” as defined in article 5 of the Order.
Patient
the person who is to receive the Services as a result of the Client engaging us under these terms.
Privacy Policy
the privacy policy of the Business which can be found on our Website.
Force Majeure Event
an event, circumstance or cause beyond a party's reasonable control.
Services
means amongst other things, the provision of autism diagnostic assessments, psychological and evidence-based therapies and speech and language therapy for Clients.
Website
https://www.lancefieldprivateclinic.com/
1.2 Interpretation:
1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.2 A reference to a party includes its personal representatives, successors and permitted assigns.
1.2.3 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
1.2.4 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
1.2.5 A reference to writing or written excludes fax but not email.
1.2.6 These Terms and Conditions are to be read in conjunction with the Businesses Privacy Policy.
2. Services
2.1 These Conditions apply to the Contract (whether written or oral) between us and the Client, for the provision of Services by us.
2.2 In supplying the Services, we shall:
2.2.1 use reasonable care and skill;
2.2.2 use reasonable endeavours to perform the Services in accordance with the service description set out in the preliminary email correspondence between Client & Business;
2.2.3 comply with all applicable laws, statutes, regulations from time to time in force (and we shall not be liable for any breach of the Contract as a result of such compliance).
2.3 The parties to the Contract agree and understand that we do not warrant that any particular finding, prognosis, diagnosis, result, or other outcome will be achieved or is achievable through the provision of any Services. In particular we do not warrant that the results of our Services will be the same or different to any similar services that the patient has received from (or any other assessment that the patient has had done by or through) any third party or otherwise outside the scope of our engagement and Services.
2.4 In addition, we may take enforcement action if you leave any online reviews about us which are false and lead to us suffering harm (either to our reputation or our income) or which are malicious. Such action may involve removing such reviews from the website on which they are published or obtaining a court order for their removal where we are legally permitted to do so.
2.5 As our Services are dependent on the support and information we receive from you, you must therefore:
2.5.1 fully co-operate with us in all matters relating to the Services; and
2.5.2 provide, in a timely manner, such information as we may require, and ensure that it is accurate and complete in all material respects.
2.6 If our performance of our obligations under the Contract are prevented or delayed by any of your acts or omissions, we shall:
2.6.1 not be liable for any costs, charges or losses sustained or incurred by you that arise from such prevention or delay (in accordance with clause 7);
2.6.2 be entitled to payment of the Charges despite any such prevention or delay; and
2.6.3 be entitled to recover any reasonable additional costs, charges or losses that we sustain or incur that are foreseeable (in accordance with the terms contained in clause 7) as a result of such prevention or delay.
2.7 A £100.00 non-refundable deposit must be provided before any of our Services are initiated for Clients to obtain a secure place on the Business waiting list (Non-refundable Deposit).
3. Performance
3.1 It is understood by you that the Services to be provided under the Contract are provided with the intention of benefiting the Patient.
3.2 Where we provide our Services to patients over the age of 18 for the purposes of the Contract, the Patient and Client will be one and the same and subject to these Conditions.
3.3 We may provide our Services to patients under the age of 18 in which case the following shall apply:
3.3.1 consent for the purposes of the Contract is to be obtained from the person with Legal Responsibility for the Patient;
3.3.2 the signature to the applicable confirmation and declaration for Legal Responsibility (in the form prescribed by us) will be obtained prior to undertaking any Services;
3.3.3 you, the Client (in this context the person with Legal Responsibility for the Patient) hereby agree and acknowledge that by engaging in the Service you accept these Conditions and have the legal right to do so and will be liable for the performance of the Patient;
3.3.4 In providing services our staff must consider the feelings of any child or young person in any decision making under the Order. If the Patient is of sufficient understanding to make informed choices, we will seek to obtain their valid consent prior to undertaking any services, irrespective of the child’s age;
3.3.5 we will ask you whom you should wish to be informed of our assessment or treatment under the Services. The Client will usually be provided with copies of any request or be given feedback so that they are kept fully informed (but any sharing of information will be done to the extent permitted by law);
3.3.6 If the Patient refuses consent or withdraws consent that was previously given (whether concerning the receipt of any Services or sharing of findings, prognosis, diagnosis, results or other information with you or any other person), that decision may be overruled by a person with Legal Responsibility who can give consent to an intervention or other applicable issue when it is deemed to be in the Patient’s best interest to do so. Where the decision is made not to overrule the lack of consent then we cannot provide the Services and the Contract will end at the time of the decision of the said parent or guardian. However, in any event, if there is a contradiction between your instructions or consent as a person with Parental Responsibility on the one hand and the instructions or consent of the child Patient on the other hand, we reserve the right to (i) honour the patient’s instructions (without informing or consulting you and without seeking your further consent to the extent we are permitted to do so by the law and our professional conduct rules), or (ii) not honour the patient’s instructions (to the extent we are permitted to do so by the law and our professional conduct rules) and terminate the Contract immediately;
3.3.7 where there is a contradiction between the instructions or consent from a person with Legal Responsibility and the instructions or consent of any other person purporting to act for the Patient, we will honour the instructions and consent of the person with Legal Responsibility to the extent that we are permitted to do so by the law and our professional conduct rules;
3.3.8 where there is more than one person with Legal Responsibility (for example, two parents that each have parental responsibility within the meaning of the Order (as amended from time to time)) and there is a contradiction between the instructions or consent from such persons, we will cease providing our Services and any sharing of information unless and until there is a joint instruction or joint consent for such persons in writing or a court order directing or authorising a course of action; and
3.3.9 In any event, where there is a contradiction between our mandatory legal obligations and/or professional conduct requirements on the one hand and your instructions and/or the Patient’s instructions on the other hand, you accept and agree that we are to comply with the mandatory requirements of the law or our professional conduct rules.
3.4 Where another person is under an obligation to make payments on your behalf under a separate payment undertaking, yours and that other person’s obligations to make payment shall be joint and several, meaning that we can pursue payment in full from either you or that other person separately or collectively. We are not obliged to consult or notify that other person, or get his, her or their consent for any dealings or arrangements between the Supplier on the one hand and the Client and/or Patient on the other hand.
4. Warranty
4.1 The Business gives no warranty or makes no representations in relation to the Services.
4.2 All warranties and conditions (including the conditions implied by ss 12–16 of the Supply of Goods and Services Act 1982 and ss 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted.
5. Disclaimer of Warranties
5.1 To the maximum extent permitted by applicable law, the Business will not be liable for any loss or damage caused by a distributed denial attack, viruses or other harmful components. The Business does not warrant or represent that the information available on or through the website will be correct, accurate, timely or otherwise reliable.
5.2 The terms implied by sections 13 to 15 of the Sale of Services Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
5.3 These Conditions shall apply to any repaired or replacement Services supplied by the Business.
6. Price and payment
6.1 In consideration for the provision of the Service, you shall pay us the Non-Refundable Deposit and the Charges and expenses set out in the particulars of the preliminary email correspondence between us. We reserve the right to amend the Charges at any time (including after the preliminary correspondence between us is issued) should the details of the Service or the matters surrounding same change, we will update you as soon as possible if any change is to occur and will issue you with correspondence detailing the change.
6.2 All undisputed amounts due under the Contract from you to us shall be paid by in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.3 In the event of a dispute over any sums or fees payable under this Contract, such sums that are not in dispute shall be payable when due irrespective of any counter claim that may be alleged.
6.4 Where there is an additional element required for us to provide the Service (including but not limited to, requiring an interpreter or a sign language interpreter), we are under no obligation to provide same for the Client, nor will we be held liable for failure to provide these services are not provided by the Business and must be arranged prior t any meeting or consultation by or on behalf of the the Client. The cost of any additional elements required for the Service must be covered by the Client. The Business is happy to reasonably assist in arranging same, however the full cost of any additional requirement will be paid in full by the Client.
7. Limitation of liability
7.1 References to liability in this clause 7 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
7.2 In no event shall the Business be liable for any damages whatsoever (including without limitation, those resulting from lost profits, lost opportunity, lost data or business interruption) arising from the performance of the Services, including any direct, indirect, special, incidental, consequential or punitive damages whether or not advised of the possibility of such damages. In no event shall the Business’ total liability for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by the Client.
7.3 We provide information and advice when providing the Services. Such information and advice will be based upon information available to us at the time. We are not responsible for the accuracy, incompleteness or misleading nature of information provided to us by you and/or the Patient. You agree and understand that we are not responsible for the consequences of anything resulting from the provision of inaccurate, incomplete or misleading information provided to us and you shall be responsible for any loss or damage resulting therefrom.
7.4 It is your decision whether or not you accept any advice given by us. We accept no liability for any unforeseeable loss or damage sustained by you which is consequent upon any use made by you of any information, opinions and advice given by us.
7.5 Nothing in these Conditions shall restrict or exclude liability for death or personal injury caused by our negligence or for anything else where we cannot exclude or limit our liability under the law. Where you are a consumer, your statutory rights as a consumer shall also not be affected by anything in these Conditions.
7.6 This clause 7 shall survive termination of the Contract.
8. Intellectual Property
8.1 The Supplier shall at all times retain ownership of all Intellectual Property Rights.
9. Privacy
9.1 The Business respects the privacy concerns of Clients. The Business collects certain personal information about Clients in accordance with the privacy policy. By using the Business’ website, the Client agrees to the Business collecting this personal information and confirms that any data which the Client provides is accurate, pursuant to our privacy policy which can be found on our Website.
10. Termination
10.1 We may (without affecting any other rights or remedies which we may have against the you) end the Contract straight away if:
10.1.1 you commit a breach so serious to justify the ending of this Contract and you have failed to remedy that breach (if capable of remedy) within 14 days after receiving written notice of such breach (examples of a serious breach under this clause include, but are not limited to situations whereby):
10.1.2 you do not make any payment to us when it is due;
10.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
10.1.4 you or anyone accompanying you is behaving or has behaved in a threatening or abusive manner to our employees, agents or any third-party contractors;
10.1.5 our performance of the Services could cause a breach of any statutory or regulatory requirements;
10.1.6 you become bankrupt or if you enter into any formal or informal agreement with your creditors (including an individual voluntary arrangement) or we find out that you are unable to pay your debts as and when they fall due, or you enter into any arrangement for the benefit of or composition with your creditors;
10.1.7 your conduct or behaviour (or the conduct or behaviour of the Patient) is such that we are of the reasonable opinion that Services should stop for the protection and wellbeing of our staff or consultants, or the protection of our property; or
10.1.8 any combination of the above applies.
10.2 Where consent is necessary for the provision of the service to you that is not obtained from you or is withdrawn then for as long as the absence of consent continues, we shall be under no duty to provide the Services. For the avoidance of doubt in such a case no breach of the Contract will have occurred.
10.3 In the continuing absence of the necessary consent or information we shall be entitled to terminate the Contract by notice in writing to you. The Contract shall terminate on delivery of that notice.
10.4 Where you have failed to obtain any permissions or authorisations as may be necessary for the carrying out of the service or where you have failed to make available any data or information as may be deemed by us to be necessary to provide the Service then without liability to you our obligations under the Contract shall be suspended for the duration of such default.
11. Force majeure
We shall not be considered in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event. On the occurrence of a Force Majeure Event will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can request that the Contract be terminated and receive a refund for any Services you have paid for in advance, but not received, less reasonable costs we have already incurred.
12. Confidentiality
12.1 “Confidential Information” means any of the following information howsoever created, communicated, stored, recorded, or preserved:
12.1.1 contents of the Contract (or its previous drafts/versions);
12.1.2 contents of any letter, email, SMS text message, instant message or other communication of any kind concerning the Contract;
12.1.3 any information created or established under the Contract which is expressly agreed by the parties or can reasonably concluded to be imparted/shared in confidence;
12.1.4 any grievance, complaint, concern, or dispute in any way concerning the Contract;
12.1.5 any information concerning the business, affairs, suppliers, patients, clients, employees, consultants, distributors, representatives, advisers, sub-contractors, products, assessments, treatments, services, assets, liabilities, finances, accounts, communications, records, plans, processes, procedures, know-how, trade secrets or other unregistered intellectual property rights, rights, entitlements, obligations, commitments, disputes, claims, settlements, strengths, weaknesses, opportunities and threats of or concerning the other party;
12.1.6 all information to the extent that it has been or may be derived or obtained from any of the above information; or
12.1.7 any combination of the above.
12.2 We will only make keep and disclose information in accordance with any legislation and the policies, procedures and regulations that our staff and practice is bound by.
12.3 Where we believe on good and proper grounds that we are not empowered or entitled to disclose any report or case notes or communications then this shall not constitute a breach of the Contract. When or if the impediment to disclose cease to have effect then we shall disclose any report or case notes or communications on request and without undue delay.
12.4 We shall not disclose any Confidential Information to any third party unless such disclosure is in accordance with the performance of our duties and/or in our discretion is reasonably believed to be in your best interests (for example, disclosing to your GP or teaching authority), unless you have notified us in writing otherwise.
12.5 Where you are in breach of any conditions of payment under the Contract, we shall have the right to retain any report, case notes or communications so long as the contracting party remains in default.
12.6 Where the terms of any Contract are that any report prepared by us is to be owned by another person or entity ownership shall not pass unless or until payment in full or other settlement of all fees, disbursements and expenses has been made.
12.7 Neither party shall use any other party’s Confidential Information for any purpose other than to perform its obligations under the Contract.
13. General
13.1 Entire agreement.
13.1.1 The Contract constitutes the entire agreement between the parties.
13.1.2 Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
13.2 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
13.3 Waiver.
13.3.1 A waiver of any right or remedy is only effective if given in writing.
13.3.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
13.4 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause 13.4 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
13.5 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of Northern Ireland.
13.6 Jurisdiction. Each party irrevocably agrees that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
13.7 Concerns about our Service. If you think there is something wrong with our Service or you have any concerns, you must contact us promptly by emailing enquiries@lancefieldprivateclinic.com.
Website Privacy Policy
Your privacy is important to us. To better protect your privacy, we provide this privacy policy explaining our online information practices and the choices available to you as to how your personal information is collected and used. This privacy policy gives you information about how Lancefield Private Clinic collects and uses your personal data through your use of this website, including any data you may provide when you use our Services, governed pursuant to our Terms of Business.
Controller
Lancefield Private Clinic is the controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this privacy policy).
If you have any questions about this privacy policy, including any requests to exercise your legal rights (paragraph 8), please contact us using the information set out in the contact details section (paragraph 9).
1. The types of personal data we collect about you
Personal data means any information about an individual from which that person can be identified.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
· Identity Data includes first name, last name, any previous names, username or similar identifier, marital status, title, date of birth, gender, next of kin and family details such as dependents and online identifiers.
· Health Data (including sensitive data) includes genetic data, biometric data, sex life, details relating to any previous, current or planned treatment and care, including all notes and reports relating to your health, all healthcare results such as x-ray, CT or MRI results (as applicable), whether you have a disability or other health conditions, whether you have a disability and vaccination status.
· Contact Data includes billing address, delivery address, email address and telephone numbers.
· Financial Data includes bank account and payment card details.
· Response Data includes responses to surveys, where individuals have responded to surveys about healthcare issues, service levels, training courses or other business activities and any other information you choose to tell us.
· Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
· Visual Data includes visual images and recordings or personal appearance and behaviour, for example if CCTC images are used as part of building security or if we require imaging as part of any diagnosis or treatment.
· Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, device ID and other technology on the devices you use to access this website.
· Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
· Usage Data includes information about how you interact with and use our website, products and services.
· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals' Usage Data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users are interacting with our website to help improve the website and our service offering.
2. How is your personal data collected?
We use different methods to collect data from and about you including through:
· Your interactions with us. You may give us your personal data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
· sign up for our products or services via out ‘Get in Touch’ service;
· request marketing to be sent to you;
· enter a competition, promotion or survey; or
· give us feedback or contact us.
· Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about you, your browsing actions and patterns.
· Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
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Technical Data is collected from the following parties:
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analytics providers such as Google based outside the UK;
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advertising networks; and
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search information providers.
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Contact, Financial and Transaction Data is collected from providers of technical, payment and delivery services.
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Identity and Contact Data is collected from data brokers or aggregators.
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Identity and Contact Data is collected from publicly available sources.
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Certain data may also be provided via education authorities, psychologists, GP, physiotherapist, information received from Northern Ireland Health and Social Care trust (NHS/HSE).
· CCTV. We may use CCTV in various parts of our facilities. CCTV is used for the safety and security of our patients, health assessment clients, visitors, and staff.
3. How we use your personal data
Legal basis
The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:
· Performance of a contract with you: Where we need to perform the Contract (as defined in our Terms of Business, also contained on our website) we are about to enter into or have entered into with you.
· Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) 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).
· Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
· Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter, or you speak to us for advice, arrange a consultation with us or enter into a Contract for Services with us pursuant to our Terms of Business.
Purposes for which we will use your personal data
We have set out below, the ways we may use the various categories of your personal data, and the legal basis of performing any Contract entered into with you (as set out in our Terms of Business) and for our legitimate interests, which we rely on to do so.
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To ensure that you receive safe, effective and appropriate treatment.
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To assist in decision making surrounding your care.
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To ensure effective working with other organisations e.g. the Health and Social Care Trusts, who may be involved in your care.
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To ensure that our services meet your current and any future needs.
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To ensure that the care we provide is to the highest standard and can be reviewed as necessary.
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To provide you with any goods and/or services that have been ordered (if applicable).
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To contact you with regards to any enquires that have been made.
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Marketing activities for example to send you other Lancefield Private Clinic information such as courses, newsletters or product releases that we feel may be of interest to you.
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For research and audit purposes.
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To prepare statistics on performance.
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In order to train healthcare professionals and support staff.
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To help us to establish, exercise, or defend legal claims.
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To collect payment.
4. Disclosures of your personal data
To enable us to fulfil our duties and ensure that the best care possible is provide we will need to share information about you with others. We may need to share your information with a range of other parties including Health and Social care organisations and regulatory bodies. You may be contacted by any one of these organisations for a specific reason, the organisation will have a duty to be able to tell you why they are contacting you.
Where appropriate and in accordance with local laws and requirements, we may share your personal data, in various ways and for various reasons, with the following categories of organisations (if applicable):
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Commissioning bodies – NHS, HSE, or any other relevant healthcare organisation
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Government agencies – DVLA, HMRC, PSNI
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External companies necessary for the delivery of health assessment, treatment and care
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Other third-party service providers who perform functions and tasks on our behalf (including debt collection, external consultants, transcription services, business associates and professional advisers such as lawyers, auditors and accountants, technical support functions and IT consultants)
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Card payment processing
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Third-party outsourced IT and document storage providers
We will share your medical information with those involved in your health assessment, care or treatment (such as other therapists, doctors and nurses) for medical purposes (including the provision of health assessments). Some of our staff may be provided by specialist staffing agencies. Consultants and their medical secretaries (not employees of Lancefield Private Clinic). We try to ensure there is a single patient record for each patient who is seen at one of our facilities, whether as an inpatient, outpatient or day case and we ask consultants working at our facilities to ensure a copy of their records, including consultation records, is included in each patient's records at the hospital.
We may also share relevant parts of your medical information with your GP, NHS hospitals, other private hospitals and the organisation paying for your treatment (for example your insurance company, embassy, employer or NHS commissioner). For our health assessment clients who come to us through their employer's health assessment benefit scheme, please be assured that we will not share your medical information with your employer.
We may share information about you with anyone you have asked us to communicate with or whose details you have provided as an emergency contact (such as your next of kin).
Where sharing patient information is shared with other organisations, an information sharing agreement will be drawn up to ensure that all information that is shared is done so in a way which complies with all relevant legislation.
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.
5. International transfers
We may transfer your data outside of the UK to the Republic of Ireland, depending on your specific case and location of professionals.
6. Data security
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.
7. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for twenty five years after they cease being customers, or such other time as legislation may so require.
In some circumstances you can ask us to delete your data: see paragraph 8 below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
8. Your legal rights
You have a number of 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 in certain circumstances. 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. 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 (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
· 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. 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.
· Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
· If you want us to establish the data's accuracy;
· Where our use of the data is unlawful but you do not want us to erase it;
· 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
· You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
If you wish to exercise any of the rights set out above, please contact us.
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 could 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 could 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.
9. Contact details
If you have any questions about this privacy policy or about the use of your personal data or you want to exercise your privacy rights, please contact us in the following ways:
· Email address: enquiries@lancefieldprivateclinic.com
· Postal address: 1A Lancefield Rd, Belfast BT9 6LL, Northern Ireland
10. Complaints
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator 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.
11. Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review.
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, for example a new address or email address.
12. Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
Website Terms of Use
Lancefield Private Clinic
Please read these terms of service carefully before using this site
What's in these terms?
These terms tell you the rules for using our website Autism Assessment | Lancefield Private Clinic | Northern Ireland(our site).
Who we are and how to contact us
Autism Assessment | Lancefield Private Clinic | Northern Ireland is a site operated by Lancefield Private Clinic (We). Our main business address is 1A Lancefield Rd, Belfast BT9 6LL, Northern Ireland.
To contact us, please email enquiries@lancefieldprivateclinic.com.
This website is a service made available by Lancefield Private Clinic and all content, information and software provided on and through the website may be used solely under the following terms and conditions (Terms of Use).
By using our site, you accept the Terms of Use
By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to the Terms of Use, you must not use our site.
There are other terms that may apply to you
These Terms of Use refer to the following additional terms, which also apply to your use of our site:
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Our Privacy Policy which explains how we collect, use and store your personal data.
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Our Terms of Business which you agree to render our services in accordance with.
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Our Data Protection Policy.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of service and other applicable terms of service, and that they comply with them.
We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
Where applicable, we have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.
If you know or suspect that anyone other than you is aware of your user identification code or password, you must promptly notify us at enquiries@lancefieldprivateclinic.com.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
As a user of this website, you are granted a non-exclusive, non-transferrable, revocable and limited licence to access and use the website and content in accordance with these Terms of Use. We may terminate this license at any time for any reason.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our site in breach of these terms of service, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of service).
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
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Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
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Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
You shall not use, and we do not consent to the use of, our site, or any data published by, or contained in, or accessible via, our site or any services provided via, or in relation to, our site for the purposes of developing, training, fine-tuning or validating any AI system or model.
This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Our site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in Northern Ireland (Permitted Territory). By continuing to access, view or make use of our site and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in the Permitted Territory, you must immediately discontinue use of our site and any related content and services.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects our Data Privacy and GDPR Policies.
If you wish to link to or make any use of content on our site other than that set out above, please contact enquiries@lancefieldprivateclinic.com.
User-generated content is not approved by us
Our site may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Do not rely on information on this site
Content contained on or made available through the website is not intended to and does not constitute medical advice, nor does any response from Lancefield Private Clinic to create a patient relationship or constitute the practice of medicine. Anything submitted to this website will be subject to the Privacy Policy but may not be treated as confidential. The information available on this website should not be used as a substitute or supplement for professional medical advice. The accuracy, completeness, adequacy or currency of the content of the website is not warranted or guaranteed. Your use of information on the website or materials linked from the website is at your own risk. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Errors and Corrections
We do not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the website will be correct, accurate, timely or otherwise reliable. We may make improvements and/or changes to its features, functionality or content at any time.
Disclaimer
The website is provided on an ‘as is’ basis. We expressly disclaim all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim all responsibility for any loss, injury, claim, liability or damage of any kind resulting from or arising out of or any way related to (a) any errors in or omissions from this website and the content, including but not limited to technical inaccuracies and typographical errors, (b) any third patty websites or content therein directly or indirectly accessed through links in the website, including but not limited to, any errors in or omissions therefrom, (c) the unavailability of the website or any portion thereof, (d) your use of the website, or (e) your use of any equipment or software in connection with the website.
Limitation of Liability
We shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from your use of the website. We shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from or arising in connection with the use of or inability to use the website or the content.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
We are not responsible for viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not introduce viruses
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
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We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
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Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Supply.
If you are a business user:
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We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
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We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
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use of, or inability to use, our site; or
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use of or reliance on any content displayed on our site.
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In particular, we will not be liable for:
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loss of profits, sales, business, or revenue;
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business interruption;
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loss of anticipated savings;
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loss of business opportunity, goodwill or reputation; or
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any indirect or consequential loss or damage.
If you are a consumer user:
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We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by Northern Irish law. We both agree that the courts of Northern Ireland will have exclusive jurisdiction.
If you are a business, these terms of service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Northern Irish law. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.
