The Legal Bit

Legal information regarding Home Visit Physiotherapy Services

No warranties

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This website is provided “as is” without any representations or warranties, express or implied.  Penguin Pace Physio makes no representations or warranties in relation to this website or the information and materials provided on this website.  

 

Without prejudice to the generality of the foregoing paragraph, Penguin Pace Physio does not warrant that:

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate or non-misleading.

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Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

Penguin Pace Physio will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• [to the extent that the website is provided free-of-charge, for any direct loss;]

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Penguin Pace Physio has been expressly advised of the potential loss.

 

Exceptions​

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Penguin Pace Physio liability in respect of any:

• death or personal injury caused by Penguin Pace Physio negligence;

• fraud or fraudulent misrepresentation on the part of Penguin Pace Physio; or

• matter which it would be illegal or unlawful for Penguin Pace Physio to exclude or limit, or to attempt or purport to exclude or limit, it's liability. 

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Reasonableness​

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

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If you do not think they are reasonable, you must not use this website.

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Other parties​

[You accept that, as a sole trader entity, Penguin Pace Physio has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Penguin Pace Physio officers or employees in respect of any losses you suffer in connection with the website.]

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[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Penguin Pace Physio officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Penguin Pace Physio. 

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Unenforceable provisions​

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Privacy Policy

Penguin Pace Physio is committed to ensuring the privacy and confidentiality of your personal data, and to protect it from unauthorised access and disclosure. This policy explains how we collect, process and use your personal data, in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act.

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Name and contact details of our organisation

This privacy policy applies to Penguin Pace Physio based in Epping Forest, contactable by email at emma.ppphysio@gmail.com or phone by 07756979452.

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Penguin Pace Physio provide an outpatient home visit Physiotherapy service, which involves assessing, diagnosing and treating a range of health conditions. Our Physiotherapists who provide treatment are registered with the Health and Care Professions Council (HCPC) and the Chartered Society of Physiotherapy (CSP).

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Any enquiry about how we collect or process your data should be addressed to Mrs Emma Hannibal-Smith, by email: emma.ppphysio@gmail.com or phone on 07756979452.

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Website

Penguin Pace Physio is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.  

 

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

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Purpose of data processing

For the purpose of providing treatment, Penguin Pace Physio may require detailed medical information. We will only collect information that is relevant and necessary for your treatment. When you visit us, we will record notes that may include details regarding your medication, treatment and other health conditions. The data is always kept securely, and is not shared with anyone not involved in your treatment at Penguin Pace Physio. However, for data storage purposes, the data may be handled by administration staff who have signed a confidentiality agreement. We require your explicit consent to allow Penguin Pace Physio to document and process your medical data. Contact details that you provide, including telephone numbers, email and postal address, may be used to remind you of future appointments and provide reports or other information regarding your treatment.

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For marketing purposes, Penguin Pace Physio may also use the contact details supplied by you when using the contact form or in person, to respond to your enquiries, including making telephone contact and emailing information to you that we believe may be of interest to you.

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We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

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Through making initial contact with Penguin Pace Physio, you consent to Penguin Pace Physio continuing a marketing dialogue with you until you opt out, which you can do at any time by emailing us at emma.ppphysio@gmail.com

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We may also at times promote services that are provided by other practitioners at our premises, who may not be employed by us. If you would like to be removed from our marketing database, you can email or write to the practice using the email address provided above, and we will remove you from the marketing database immediately.

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Penguin Pace Physio will only collect the information needed so that we can provide you with the service you require.

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Lawful basis for processing any personal data​

To meet our contractual obligations from explicit patient consent and legitimate interest to respond to enquiries regarding the services provided.

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Legitimate interests for the processing of personal data

To provide safe treatments for patients with musculoskeletal, neurlogical and respiratory health conditions indicated for Physiotherapy assessment and intervention.

 

The recipients of personal data

There may be circumstances where we are obliged to share your medical records or information related to your diagnosis, treatment or ongoing care. This may be with third parties or other healthcare professionals including GP’s, consultants, medical insurance companies and solicitors. If this is required we will inform you first, unless we are under a legal obligation to comply.

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All personal data is held in the United Kingdom. The data stored on our cloud based practice management system, Cliniko, is securely stored on servers in Australia. We have agreed Cliniko’s terms, conditions and policies, which are GDPR compliant.

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Personal data collected for the purposes of payment for services rendered are kept securely with Square, Block. Inc, and their affiliates, for further information on their GDPR and Privacy Policy please refer to the following website: https://squareup.com/gb/en/legal/general/privacy-no-account?country_redirection=true

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Data retention period

Penguin Pace Physio will process your personal data for the duration of your treatment, and are legally obliged to store the personal data for adults for eight years after the last treatment session. After eight years, all personal data will be deleted. Personal data for children who have received treatment, will be stored until the child is 25 years old.

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Individual rights

​While we hold or process your personal data, you have the following rights at any time:

• The right to be informed​ - You have the right to be informed about how we collect and use your personal data.

• The right of access ​- You have the right to request a copy of the personal data records that we hold about you. This is referred to as a subject access request. You can make this request verbally or in writing, and we will respond without undue delay within one month of the request.

• The right to rectification -​ you have the right to correct any personal data that we hold about you that is inaccurate or incomplete.

• The right to erasure ​– this right applies in certain circumstances, where you can request to have your personal data erased from our records.

• The right to restrict processing ​– In certain circumstances, you have a right to request the restriction of processing of your personal data.

• The right to data portability ​– You have the right to obtain and use your personal data with other services or organisations.

• The right to object ​– In certain circumstances, such as direct marketing, you have the right to object to the processing of your personal data.

• The right to object to automated processing, including profiling​ – you also have the right not to be subject to the legal effects of automated processing or profiling.

 

Consent

By agreeing to this privacy policy, you are consenting to Penguin Pace Physio processing your personal data for the purposes outlined above. You are able to withdraw consent at any time, by telephone 07756979452, email emma.ppphysio@gmail.com

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Concerns or complaints

If you have any concerns, queries or complaints in relation to the collection, use and storage of your data or you wish to make Subject Access Request, please contact our Physiotherapist Emma Hannibal-Smith, by telephone 07756979452 or email emma.ppphysio@gmail.com using the subject heading GDPR Complaint or Subject Access Request. For any complaints regarding your treatment use the subject heading Treatment Complaint.

If we cannot solve your query, you have the right to lodge a complaint with the Information Commissioner’s Office or another supervisory authority.

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Disclosure

Penguin Pace Physio will keep your personal data safe and secure, and only team members who are involved in providing your treatment will have access to your patient records. However, our administration team will have access to your contact details so they can manage your account and make appointments for you on our management system. Penguin Pace Physio will not share your personal information unless legally obliged to, or due to regulations or governmental requests.

If we plan to use personal data for a new purpose, we will update our privacy information accordingly and communicate the changes to individuals before starting any new processing.

Changes to the information - We regularly review and, where necessary, update our privacy information.