Patient Privacy Policy

Introduction

We are committed to ensuring the security of your personal data and protecting your privacy. This policy will inform you about how we look after your personal data when you use our app and our service. It will also tell you about your privacy rights and how the law protects you.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Who we are

We are Nye Health Ltd. We are a company incorporated and registered in England and Wales. Our company number is 11211158. Our registered office address is at Unit 3, Woodgrove Farm, Fulbrook Hill, Fulbrook, Oxfordshire, OX18 4BH.

When we refer to “Nye” or "we", "us" or "our" in this policy, we are referring to Nye Health Ltd. We are the 'controller' in relation to the personal data you provide to us, which means we determine the purposes and the way in which your personal data is, or will be, processed and are responsible for it.

How to contact us

Questions, comments and requests regarding this policy are welcomed. You may either use our contact form to get in touch with us or you may write to our Data Protection Officer at:

Email: compliance@nye.health

About our service

Nye are a health tech company aiming to make compassionate health services accessible to all. We’ve designed our app with that goal in mind.

Purpose of this privacy policy

This privacy policy aims to give you information on how we collect and process your personal data so that you can be confident when you use our app that you know what your personal data is being used for and that it is being kept safe.

It is important that you read this privacy policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them. Your healthcare provider will also have a privacy policy detailing how they handle your data.

Definitions

Personal data - Personal data is information that relates to an identified or identifiable individual, including a name, a number or other identifiers such as an IP address

Medical record data - this is a special category of personal data that is more sensitive as it relates to health

Anonymised data - this is data from which information that enables the concerned individual to be identified has been removed.

Third-party links

You should be aware that our app 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 apps and are not responsible for their privacy statements. When you leave our app, we encourage you to read the privacy notice of every website or app you visit or use.

How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions

You may give us your personal data by downloading our app and registering for an account, when you report a problem with our app and by corresponding with us in person, by email, by phone, by post, by submitting an enquiry via our website, or otherwise.
You may give us data when you input health data within our Services. This includes data you provide related to health events, activity, goals and similar types of data relating to health and activity.
We collect this data in order to provide the Services and to tailor features, advertising, and services to your goals, reporting and analytics and product recommendations.

Automated technologies or interactions

As you interact with our app or website, we may automatically collect personal data. We collect this personal data by using cookies and other similar technologies. Please see below on Cookies for further information.

Third parties or publicly available sources

We may receive personal data about you from various third parties. This includes your NHS practice, GP, clinician or other practitioners.

What happens if you don't provide us with personal data we have requested?

Where we need to collect personal data by law, or under our Terms of Service (available here), and you fail to provide that data when requested, we may not be able to provide you with our service. We will notify you if this is the case at the time.

What information do we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect and process the following different kinds of personal data about you:

Identity data: includes full name, NHS number, medical records provider reference number, username or similar identifier, marital status, title, date of birth, gender
App sign-up data: includes your email address, username, password, telephone number, GP practice or other healthcare service you are using, and any other information you provide to us when you register to use our app
Location data: includes your geographical location, disclosed by GPS and other technologies when location services are enabled on your device
Contact data: includes full name, email address, telephone numbers
Correspondence data: includes information submitted to us via our app and details of any correspondence between you and us
Problem report data: includes information about technical errors you tell us about which relate to our app (e.g. that may be included within screenshots that you share with us)
Safety report data: includes reports from users of our app (i.e. patients, clinicians and other administrators) on safety issues related to the app
Feedback data: includes any feedback you provide to us about your use of the app
Marketing data: includes your preferences in receiving marketing from us and your communication preferences
Technical data: includes the type of mobile device you use, a unique device identifier (for example, your device’s IMEI number or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use

To provide you with access to your GP practice-based medical records, we will also process the following “special categories” of more sensitive personal information. These are categories of personal data that require a higher level of protection.

Patient records: includes your NHS practice, pharmacy, GP, clinician, your medical record and any other medical data about you that is shared with your practice via the app (e.g. that you submit on the app)

Please note: Your clinician may find it helpful to take a “screenshot”(image) of you during your consultation eg to keep a record of a rash or injury in your medical record. They should request your consent for this, and tell you where this will be stored (usually in your medical record). They should tell you if they plan to share it with anyone, such as a specialist. You should feel able to decline consent, if this is your preference. Such images are not processed or stored by Nye

If you want any further information about how we might collect or use your personal data, please contact us

How do we use your personal data?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we have entered into with you or to take steps at your request prior to entering into a contract (e.g. when you register to use our app).
Where we have your prior consent to use your personal data (e.g. to provide you with access to your medical records from your GP surgery, or for marketing).
Where we need to comply with a legal or regulatory obligation.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where it is necessary for the provision of health care services to you

We have set out below, in a table format, a description of all the ways we may use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

We need to have further justification for collecting, storing and using special categories of personal data (i.e. patient records) and we have identified this where appropriate.

Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

While we do securely store personal data to enable us to support service provision, we currently do NOT store any medical data on Nye servers. Your medical data is held, encrypted, on your device whilst you are logged into the Nye app. Only you have access to this through the app. We advise that you log out after accessing your records.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to receive an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the lawful basis which allows us to do so.

Please note that if you access our service using your NHS login details, the identity verification services are managed by NHS England. NHS England is the controller for any personal information you provided to NHS England to get an NHS login account and verify your identity, and uses that personal information solely for that single purpose. For this personal information, our role is a “processor” only and we must act under the instructions provided by NHS England (as the “controller”) when verifying your identity. To see NHS England’s Privacy Notice and Terms and Conditions, please click here. This restriction does not apply to the personal information you provide to us separately.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosure of your information

For the purposes set out above, we may share your personal information with the following third parties:

NHS practice
- includes your NHS practice (or the NHS service looking after you) and your GP, clinician or other medical practitioner.

Service providers
- including those who provide:
  - Webhosting, IT and system administration services
  - Call handling
  - Metrics and analytics
  - Marketing services

Authorities
- including regulators and other authorities who require reporting of processing activities in certain circumstances.
Corporate partners
- includes third parties who may invest in our business or to whom we may choose to sell, transfer, or merge parts of our business or our assets. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
Research partners
- includes universities and other research institutions we may partner with to carry out research.

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.

International transfers

Your data will primarily be handled and stored within the UK. On occasions, data may be transferred outside of the UK, for example, if we use a cloud service that has host servers located in another country. If your data is transferred in this way, it is done so under contract, ensuring it is afforded the same degree of protection as under UK law, that is:

(i) HM Government’s decision regarding adequate levels of protection;

(ii) application of standard contract clauses for transfers to third parties;

(iv) other applicable safeguards in order to fulfil applicable data protection legislation.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

Data Security

We have put in place appropriate security measures in accordance with industry best practice 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.

All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access our app, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

When you have accessed your medical records via the app, we advise that you then logout of the app, to keep your data secure.

How long we store 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.

Below we set out the key retention periods. Further details can be obtained by contacting us.

How long will you keep my data?

Identity data, app sign-up data, contact data
- We will cease processing your data when you cancel your contract with us, or when you request us to stop processing your data. If your account is inactive for a period of 5 years, we will contact you to ask you whether you would like to keep your account active. If we don’t hear back from you within 30 days your account will be closed. We do not store patient records (medical data)
Problem report data
- 1 years after you tell us about the issue

Where we anonymise your personal data (i.e. so that it can no longer be associated with you) for further research or statistical purposes, then we may use this information indefinitely without further notice to you.

Cookies

Our website uses cookies to help it function and to improve it. Cookies are small files saved to the user's device that track, save and store information about the user's interactions and usage of the app. For information about the cookies we use, please see our Cookies Policy.

Your rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please read through the table below to find out more about these rights.

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 may refuse to comply with your request in these circumstances.

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.

We try to respond to all legitimate requests within one month. Occasionally it may 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.

Changes to our Patient privacy policy

Version 5.1

This version was last updated on 19.06.23 by Bill Edwards