Privacy Policy

Welcome to S12 Solutions' privacy notice.

This privacy notice applies to your use of the S12 Solutions website and to any of the services accessible on or through the website.

S12 Solutions respects your privacy and is committed to protecting your personal data. This privacy notice tells you how we look after your personal data when you visit our website (regardless of where you visit it from), your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. GLOSSARY

1 Important information and who we are

Purpose of this privacy notice

We want to let you know how S12 Solutions collects and processes your personal data when you use our website.
Our website is not intended for children and must not be used by them.
It is important that you read this privacy notice and any other privacy notice or fair processing notice we give you so that you are fully aware of how and why we are using your data.

Controller

S12 Solutions Limited is the controller and responsible for your personal data (referred to as “S12 Solutions”, “we”, “us” or “our” in this privacy notice).

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our data privacy manager using the details set out below.

Contact details

Our full details are:

Full name of legal entity: S12 Solutions Limited FAO Data Privacy Manager

Email address: s12solutions-support@vitalhub.com.

Business address: 5 Kelso Place, Bath BA1 3AU

Registered address: 2 Stone Buildings, Lincoln’s Inn, London, England, WC2A 3TH

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the United Kingdom’s supervisory authority 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.

Changes to the privacy notice and your duty to inform us of changes

Any changes we make to this privacy notice will be posted on this page and, where appropriate, notified to you. The new privacy notice may be displayed on-screen and you may be required to read and accept it to continue your use of the website.

We want to make sure the personal data we hold about you is accurate and current so please keep us informed if that data changes during your relationship with us.

You must stop using the website if you are no longer professionally qualified to use it (for example if you are no longer an approved mental health professional or no longer a section 12 approved doctor or are subject to conditions, suspension or erasure imposed by your regulatory authority).

2 The data we collect about you

Personal data, or personal information, is 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, use, store and transfer different kinds of personal data about you:

• Identity Data includes first name, maiden name, last name, username or similar identifier, title, employer, line manager/responsible officer, GMC number, electronic signature, identity of mental health assessment team and gender (if you are a section 12 approved doctor).
• Contact Data includes email address and telephone numbers.
• Location Data includes the first four digits of your postcode when you request a location check (you can control when this information is provided and your location is not continuously monitored), the location, date and time at which mental health assessments take place.
• Availability for Work Data includes the information submitted by you regarding your availability for work.
• Transaction Data includes details about the submission and processing of your payment claim forms including mileage, billing entity and address, VAT registration number (if you are a section 12 approved doctor) and details related to coordination of the mental health assessment team making assessments.
• 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 and other technology on the devices you use to access this website, information collected through cookies.
• Profile Data includes your username and password, preferences, languages spoken, specialisms, qualifications, status on the Mental Health Act Register Database, personal description, feedback and survey responses.
• Usage Data includes information about how you use our website and services including, but not limited to traffic data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
• Video Calling Data includes the video and audio data created during a video call, a list of participants’ names on screen, log data and analytics data for video meetings including who joined a meeting, the associated assessment ID, and the timestamp (NB no video or audio data is recorded or viewed by us or any other party and no such data is stored, captured or transferred outside of the United Kingdom).
• Bank account data (if you have agreed to use the claim form payments function) includes your bank name, account number and sort code).

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

We may collect, use, store and transfer different kinds of personal data about the subjects of mental health assessments that you coordinate and/or carry out:

• Mental Health Assessment Data includes the location, date and time of the mental health assessment, the subject’s NHS number, name, address (home and place of the mental health assessment) and GP practice.
• Statutory Form Data includes the date a subject was last examined by a doctor, date and time an approved mental health professional last saw the subject, whether the hospital admission is in an emergency or for an assessment and or treatment of mental disorder, name and address of the subject’s relatives/person authorised to act on their behalf, doctors’ opinion on why the subject should be detained, reasons why a medical practitioner with prior knowledge of the subject is not providing an opinion (if relevant), name and address of person(s) completing the form. If you enter Statutory Form Data onto the website you acknowledge that it will be automatically deleted 30 days after the date on which it was entered onto the website and agree to export any such Statutory Form Data to a secure location before such date if you will need continued access to it.

If you enter Mental Health Assessment Data and/or Statutory Form Data onto the website you must inform any data subjects which are not users of the website and whose personal data is contained in such entries that their personal data will be processed in accordance with this privacy policy and refer such data subjects to this privacy policy for further information.

We will provide a copy of this privacy policy to any such data subject if they contact us through our website at s12solutions.com or by emailing us at s12solutions-support@vitalhub.com.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

3 How is your personal data collected?

Methods include:

• Direct interactions. For example you may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our services;
  • create an account on our website;
  • fill in your work availability calendar;
  • use our website (eg location and availability for work data); or
  • give us some feedback.
• Automated technologies or interactions. As you use our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
• Receipt of data from your employer. Your employer may provide Contact and Identity Data to us in order to set your account up on the website.

4 How we use your personal data

We only use your personal data in accordance with the law. The most common uses are:

• In order to perform the contract between us.
• 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 we need to comply with a legal or regulatory obligation.
• Where it is to facilitate the provision of a public task, for example the provision of services in relation to public health care.

Purposes for which we will use your personal data

The primary purpose for which we process your data is to enable our website to function in a way which is commercially attractive to our customers.

Below is a description of the ways we plan to use your personal data and the legal bases for doing so. We have also identified what our legitimate interests are where appropriate.

We may process your personal data using more than one lawful basis depending on the use of that data. Please contact us if you need more 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.

Purpose/Activity	Lawful basis for processing including basis of legitimate interest
To register you as a new user of our services	(a) Performance of a contract with you (for example to enable us to make the website available to you) (b) Necessary for our legitimate interests (for example to enable us to fulfil our contractual obligations to our customers to provide you with the website) (c) Public Task (for example the provision of services to the NHS to help the NHS provide better health care to patients)
To process information you upload or download to the website, including your work availability	(a) Performance of a contract with you (for example to provide you with the services set out in our contract with you) (b) Necessary for our legitimate interests (for example to enable you and other users of our services to view your availability, to allow the website to function so that we can comply with our obligations to our customers to provide it as a service to you and to provide usage reports to the NHS) (c) Public Task (for example the provision of services to the NHS to help the NHS provide better health care to patients, including the facilitation of claim form processing by the NHS, provision of regular reports to the NHS on website usage, assessments created and/or attended and claim forms submitted)
To process your location data	(a) Performance of a contract with you (for example to provide you with the services set out in our contract with you) (b) Necessary for our legitimate interests (for example comply with our obligations to our customers to enable you and other users of our services to view your location on screen and to provide information used in processing your claim forms) (c) Public Task (for example the provision of services to the NHS to help the NHS provide better health care to patients)
To process video calling data	(a) Performance of a contract with you (for example to provide you with the services set out in our contract with you) (b) Necessary for our legitimate interests (for example to be able to provide an enhanced functionality of the website which enables you and other users of our services to use the website to conduct mental health assessments) (c) Public Task (for example the provision of services to the NHS to help the NHS provide better health care to patients)
To process statutory form data	(a) Performance of a contract with you (for example to provide you with the services set out in our contract with you) (b) Necessary for our legitimate interests (for example to be able to provide an enhanced functionality of the website which enables you and other users of our services to use the website to complete and export statutory forms necessary for the conduct of mental health assessments remotely) (c) Public Task (for example the provision of services to the NHS to help the NHS provide better health care to patients)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy notice (b) Asking you to leave a review or take a survey (c) Providing technical support to you by contacting you via SMS, email or phone	(a) Performance of a contract with you (for example to provide you with the services set out in our contract with you) (b) Necessary to comply with a legal obligation (for example to provide you with this privacy policy and any changes to it) (c) Necessary for our legitimate interests (for example to ensure our customers are able to use our services, to keep our records updated and to study how customers and users use our services) (d) Public Task (for example the provision of services to the NHS to help the NHS provide better health care to patients)
To administer and protect our business and this website (includes troubleshooting, data analysis, testing, system maintenance, support, reporting, product improvement and hosting of data)	(a) Necessary for our legitimate interests (for example in order to run our business, develop the website, provide administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation (for example to comply with a court order requiring disclosure of information) (c) Public Task (for example the provision of services to the NHS to help the NHS provide better health care to patients)
To process claim form payments	(a) Performance of a contract with you (for example to provide you with the services set out in our contract with you) (b) Necessary for our legitimate interests (for example to be able to provide an enhanced functionality of the App which enables us to make claim form payments for claim forms you submit)

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of purpose

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 get 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 legal basis which allows us to do so.

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.

5 Disclosures of your personal data

We may share your personal data with:

• Other users of the website, (which includes persons invited by a user to have access to the video call and statutory form functions), for example so that they can see your availability for work and your location and make requests for your assistance via the website.
• Other companies in the S12 Solutions Group and third parties which provide IT and system administration services, including Amazon Web Services, Inc. which hosts the website and ensures that it functions properly, Map Tiler and Hopewiser which we use for location functionality and Microsoft which hosts our documents and emails in Microsoft 365.
• Third parties with whom we have contractual obligations related to the provision of our website (including but not limited to relevant Clinical Commissioning Groups, Mental Health Trusts and other NHS bodies), for example usage data, reports on number of assessments create/attended and claim forms submitted and paid.
• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. 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.
• Individuals or organisations if we are legally required to, for example if this is specified in a warrant or court order.
• Our bank if you have chosen to use the claim form payments function in order to process payments to you.

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.

6 International transfers

All of your personal data is stored and will remain in the European Economic Area or the United Kingdom. Any transfer of personal data from the European Economic Area to the United Kingdom or vice versa will be in full accordance with all applicable data protection law, including the General Data Protection Regulation (UK and EU versions) (GDPR) and the Data Protection Act 2018 and you consent to any such transfer being made (though we may rely on derogations other than consent and/or other means to comply with the GDPR and the Data Protection Act 2018 in making such transfers).

7 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.

The website and all data held in it, including Mental Health Assessment Data and Statutory Form Data, is hosted by Amazon Web Services, Inc., which provides industry leading IT security for your data including the encryption of all data transferred to and from the website using HTPS technology.

All video and audio data processed during a video meeting is hosted by Amazon Web Services, Inc. on servers in London using Amazon Chime. Video meetings are not recorded (the website does not include recording functionality) or viewed by us or any third party and no video or audio data is stored, captured, or sent outside the United Kingdom.

We are registered with and comply with the standards of the Information Commissioner’s Office. Our ICO registration number is ZA298462.

8 Data retention

How long will you use my 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 this 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.

By law we have to keep basic information about our users (including Contact, Identity, and Transaction Data) for six years after they cease being users for tax purposes.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may 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.

For users entering Statutory Form Data onto the website: you acknowledge that all Statutory Form Data will be automatically deleted 30 days after the date on which it was entered onto the website and agree to export any such Statutory Form Data to a secure location before such date if you will need continued access to it.

9 Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

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 or refuse your request if it is clearly unfounded, repetitive or excessive.

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 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.

10 Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Public Task means the performance of a task carried out in the public interest.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data 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. 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) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

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.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.