Privacy Policy

What is the purpose of this notice

Clerkin Physio Ltd. is committed to offering a secure service in terms of how your data is collected, processed and stored. In order to provide you with our products and services, we require certain personal data. This policy sets out details of the information that we collect, how we process it, to whom we disclose it, and your rights under data protection law in relation to our processing of your data.

Who controls the use of your personal data

Clerkin Physio Ltd., whose registered address is 7 Townyard Lane, Malahide, K36DH70 is the company that controls and is responsible for personal data that is collected in relation to your physiotherapy treatment. We have appointed a data privacy manager, Caitriona Clerkin, who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager at info@clerkinphysio.ie. All staff of Clerkin Physio Ltd. are bound by patient confidentiality laws, the standards of conduct, performance and ethics of CORU, (Regulating Health & social care professionals) and the Irish Chartered Society of Physiotherapy (ICSP) code of conduct. Your information will not be shared outside the Clinic unless you have given consent, except when:

requested by law
in your best interests and you are unable to give consent
in the public interest to prevent serious harm to others

What personal data is collected

In order to provide our services to you we need to process certain personal data in relation to you, which includes:

Biographical data – We collect the following biographical data: name, address, phone number, email address, gender, family relationships (e.g. spouse, children), and date of birth.
Health data – We collect personal data from you in connection with the injury or illness that has brought you to Clerkin Physio Ltd., including details of your medical history and details of the treatments or services that we provide to you.
Payment data – If you pay by credit or debit card we will process your credit or debit card details in order to take payment from you. This service is offered by SumUp Limited. Details of their privacy policy can be found at https://sumup.ie/privacy/

The www.clerkinphysio.ie website is secured using a SSL certificate. Data collected through www.clerkinphysio.ie is through a third party service provider https://www.cliniko.com/. Cliniko is a widely used and trusted practice management software for clinics and allied health practitioners. Details of their privacy policy can be found at https://www.cliniko.com/policies/privacy/ Treatment notes are kept on the Cliniko practice management software, which is kept on a computer that is password protected with robust security measures to prevent loss of information. Your name, address, telephone number and e-mail are transferred onto the electronic record with Cliniko. All notes will be kept for a period of 7 years after the last treatment or date of death at which point they will be permanently destroyed.

Bookings made with Clerkin Physio Ltd. via the phone are entered into the cliniko booking system directly. Clerkin Physio Ltd. is a 100% paperless clinic. Patients presenting test results or letters from consultants etc. to Clerkin Physio Ltd. are scanned directly into the cliniko booking system before being returned to the patient. Letters received directly from medical and legal professionals are also scanned directly into the cliniko booking system and shredded immediately.

Why do you process my personal data

We process your personal data in order to provide you with our services and to assist us in the operation of our business. Under data protection law we are required to ensure that there is an appropriate basis for the processing of your personal data, and we are required to let you know what that basis is. There are various options under data protection law, but the primary basis that we use are (i) processing necessary to provide medical diagnosis and health care or treatments (ii) processing necessary for the performance of our contracts with you, (iii) processing where we have your consent, and (iv) processing that is required under applicable law. We set out further details of our processing of your personal data below, together with the basis for that processing:

Providing you with Physiotherapy services – Clerkin Physio Ltd. Ltd. offers a range of consultations and treatment services. When we process your personal data in connection with providing you with consultations and treatments services, this will be on the basis that we have entered into a contract with you to provide you with the relevant service. Your health data that is processed in connection with the services is processed because it is necessary to process such health data in order to provide you with the relevant service.

Running our business – We will process your personal data in connection with the general

administration of our business, including the generation of reports that detail how the business is functioning. We also need to process your data to meet certain regulatory and legislative obligations that apply to our business. We try to do all of the above by using aggregated or anonymous data where possible, so you won’t be identifiable from the data, but some of this work involves processing your data without anonymising it. Where we process your health data in connection with these activities it will be on the basis that the processing is necessary in order to manage the provision of Clerkin Physio Ltd. services. Where we process non-health data in connection with these activities this will be on the basis of our legitimate interest in operating our business.

Marketing and Surveys – If you provide us with your consent to send you marketing messages we will process your personal data in order to make sure that any marketing messages that we send you are relevant to you. We may undertake annual patient satisfaction surveys for feedback purposes in order to assist us in improving our services. We may also provide you with an optional user survey, each time you visit our facilities. Surveys will be offered to persons aged 18 or over. By entering into a contract with Clerkin Physio Ltd. you are agreeing to the processing of your personal data in relation to marketing and market research.

Legal Actions – If you require us to provide you or a third party with details of your treatment in connection with a personal injuries action against a third party, we will do so on the basis of your consent or where otherwise required by law.

Information you are obliged to provide

We require certain information from you in order to be able to treat you and to provide you with our service. Where this is the case we will indicate on relevant consent forms what personal data is required in order to enter into the contract with you. If you do not provide the information, we will not be able to provide you with our services.

Categories of recipients of your personal data

We share your personal data with the following trusted third parties:

Your Referring Consultant/GP – We may send your consultant/GP via encrypted email or through the postal service a report of your visit to Clerkin Physio Ltd. For children aged under 16 years of age, a chaperone/legal guardian is required to avail of the services of Clerkin Physio Ltd.

Retention of personal data

Clerkin Physio Ltd. will retain your personal data in accordance with GDPR guidelines which state that we keep personal data for no longer than is necessary for the purpose for which we collected it, and in accordance with any requirements that are imposed on us by law. This means that the retention period for your personal data will vary depending on the type of personal data.

For further information about the criteria that we apply to determine retention periods please see below:

Statutory and regulatory obligations – As we work in a highly regulated industry, we have certain statutory and regulatory obligations to retain personal data for set periods of time.
Managing legal claims – When we assess how long we keep personal data we take into account whether that data may be required in order to defend any legal claims which may be made.
If such data is required, we may keep it until the statute of limitations runs out in relation to the type of claim that can be made (which varies from 2 to 12 years).
Business requirements – As we only collect personal data for defined purposes, we assess how long we need to keep personal data for in order to meet our reasonable business purposes.

Your rights

You have various rights under data protection law, subject to certain exemptions, in connection with our processing of your personal data:

Right to access the data – You have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data.
Right to rectification – You have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that it is complete.
Right to erasure – You have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten.
Right to restriction of processing or to object to processing – You have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.
Right to data portability – You have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine readable format.

In order to exercise any of the above rights, please contact us using the contact details set out below.

Changes to this privacy policy

Clerkin Physio Ltd. reserves the right to modify this Privacy Policy at any time. Any material changes to this policy will be posted to our website, and we will revise the date underneath accordingly. It is the user’s responsibility to review this privacy policy periodically and become aware of modifications.

Web browser cookies

Our Site may use “cookies” to enhance the user experience. The user’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. The user may choose to set their web browser to refuse cookies, or to alert them when cookies are being sent. If they do so, note that some parts of the website may not function properly.

Questions and complaints

If you have any queries or complaints in connection with our processing of your personal data, you can get in touch with us using the following contact details:

Post: Clerkin Physio Ltd., 7 Townyard Lane, Malahide,Co.Dublin, K36DH70
E-Mail: info@clerkinphysio.ie

You also have the right to lodge a complaint with the Data Protection Commission (DPC) if you are unhappy with our processing of your personal data. We would, however, appreciate the opportunity to deal with your concerns before you approach the Data Protection Commissioner’s Office so please contact our data privacy manager, Caitriona Clerkin at info@clerkinphysio.ie. Details of how to lodge a complaint can be found on the dataprotection.ie website by selecting the appropriate webform, or by writing to the DPC at – Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2. DO2, RD28, Ireland.

Updated 28/08/2022

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