Privacy Policy
Welcome to Act for Pain’s privacy policy. Act for Pain is an online pain management programme (the “Programme”) operated by Pain Management Specialist Limited (referred to as “Pain Medicine Specialist”, “we”, “us” or “our” in this privacy policy).
Pain Medicine Specialist respects your privacy and is committed to protecting your personal data. This privacy policy informs you how we look after your personal data when you visit our website (regardless of where you visit it from) or use the Programme and tells you about your privacy rights and how the law protects you.
- IMPORTANT INFORMATION AND WHO WE ARE
- HOW IS YOUR PERSONAL DATA COLLECTED?
- THE DATA WE COLLECT ABOUT YOU
- HOW WE USE YOUR PERSONAL DATA
- WHO MIGHT WE SHARE YOUR PERSONAL DATA WITH?
- INTERNATIONAL TRANSFERS[DATA SECURITY]
- DATA RETENTION
- YOUR LEGAL RIGHTS
- COOKIES
- CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES
- IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this privacy policy
This privacy policy aims to give you information on how Pain Management Specialist collects and processes your personal data through your use of www.ActforPain.com (this website) or the Programme, including any data you may provide through this website when you subscribe to and participate in the Programme.
This website is not intended for anyone under the age of 18 and we do not knowingly collect data relating to those under the age of 18.
It is important that you read this privacy policy together with any other privacy policy 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 other notices and privacy policies and is not intended to override them.
Controller
Pain Medicine Specialist is the controller and is responsible for your personal data.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise [your legal rights], please contact the DPO using the details set out below:
Email address: info@ActforPain.com
Postal address: 20 Upper Blackfriars, St Mary’s Water Lane, Shrewsbury, SY1 2BA
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK 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.
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.
- 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 filling out forms or by corresponding with us by email or otherwise. This includes personal data you provide when you:
- make an enquiry about the Programme;
- apply for a subscription to the Programme;
- use the Programme;
- create an account on our website;
- participate in forum discussions on our website;
- fill out any self-assessment questionnaires as part of the Programme;
- email us directly;
- give us feedback; or
- fill out a survey.
- Automated technologies or interactions. As you interact with our website, we will automatically collect information 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 below [LINK] for further details.
- Third parties. We may receive personal data about you from various third parties as set out below:
- Analytics data from the following analytics providers such as Google Analytics.
- THE DATA WE COLLECT ABOUT YOU
Personal data means any information about an individual from which that person can be identified or is identifiable. It does not include data where the identity has been removed (anonymous data).
Special Category Personal Data 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. This is more sensitive in nature and therefore requires a higher level of protection.
Due to the nature of the Programme, we will collect and process information about your health, for example, when you fill out one of the self-assessment questionnaires or submit a health-related question to one of the website forums or to us by email. We do not intend to process any other types of Special Category Personal Data.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes your first name, last name, username, password and date of birth.
- Contact Data includes your email address, or any other contact details you may provide to us a.
- Personal Profile Data includes your responses to any self-assessment questionnaires you fill out and your scores based on these, any content you post onto our website, and any feedback and survey responses you provide;
- Financial Data includes your bank account and payment card details, your billing address and details of subscriptions you have purchased from us.
- Technical and Usage Data includes information about how you use our website and interact with the Programme, including your 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.
We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Technical and Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
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 our services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
- HOW 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 are about to enter into or have entered into with you.
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 obligation.
Less commonly, we may also use your personal data where we need to protect your, or someone else’s vital interests and you are not capable of giving your consent.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will notify you where we do.
Special Category Personal Data
We need to have further justification for collecting, storing and using this type of personal data. We may process special categories of personal information in the following circumstances:
- where it is necessary for the provision of healthcare or treatment;
- where it is necessary for the safeguarding of individuals at risk of physical, mental or emotional harm; or
- where it is necessary for scientific research purposes or statistical purposes in the public interest.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your vital interests (or someone else’s vital interests) and you are not capable of giving your consent, or where you have already made the information public.
Automated decision-making
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to 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.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
|---|---|---|
| To assess your eligibility and suitability for the Programme and inform you if your application is unsuccessful, including providing you with information as to where you can seek alternative help, if relevant. |
|
To take steps at your request before entering into a contract which you are a party
Necessary for our and your legitimate interests (to ensure that the Programme is suitable for you) |
| To register you as a new subscriber to the Programme, including the completion of the self-assessment health questionnaires |
|
Performance of a contract with you |
To process and deliver the Programme to you including to:
|
|
Performance of a contract with you
Necessary for our legitimate interests (to recover debts due to us) |
| To respond to your ‘Ask the Expert’ questions and email enquiries |
|
Performance of a contract with you
Necessary for our legitimate interests (to ensure that you receive a response to your queries) |
| To allow you to take self-assessment health questionnaires voluntarily throughout the Programme and to track your progress according to the results of these |
|
Performance of a contract with you |
To manage our relationship with you which will include:
|
|
Performance of a contract with you
Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how customers use our services) |
| To track subscribers’ progress in order to monitor the effectiveness of the Programme. |
|
To track subscribers’ progress in order to monitor the effectiveness of the Programme. |
| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
|
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or restructuring exercise)
Necessary to comply with a legal obligation |
| To use data analytics to improve our website, services, customer relationships and experiences |
|
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
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.
- WHO MIGHT WE SHARE YOUR PERSONAL DATA WITH?
Ask the Expert
As part of the Programme, you have the facility to ‘Ask the Expert’ by posting questions in the forums on our website or via email. When answering these questions we may consult external specialist medical professionals, such as clinical psychologists, in order to provide you with an expert’s opinion. This may involve the sharing of the personal data contained in your question, including any health data, with these specialists. We will only share as much personal data as is necessary in order to obtain the specialist’s medical opinion, and we will anonymise questions where possible.
If we consider you to be at material risk of suicide or self-harm
The content of the Programme is provided for education, aid, assistance and general information only. Nothing stated or posted on our website is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the provision of medical care.
We do not monitor the information provided by you in response to the self-assessment health questionnaires or any other information that you may post to our website as provide as part of the Programme.
In the event you inform us via email that you are at risk of causing harm to yourself and we consider you to be at material risk of suicide or self-harm we may respond to ask you to provide details of your GP, who we will then contact on your behalf to raise our concerns. In these circumstances, we may share any information that we consider to be relevant to protecting your vital interests, with your GP without your consent. Please note that other than contacting your GP, we would not be able to provide any further specific assistance in these circumstances.
Furthermore, we may share your personal data with the categories of third parties set out below for the purposes set out in the table [Purposes for which we will use your personal data] above.
- Our sub-processors and service providers including providers of IT and system/website administration and hosting services, online payment services, and customer survey providers in order to receive feedback and improve our services.
- 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. If we are acquired by a third party, personal data held by us about our customers may be one of the transferred 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 policy.
- Third parties to whom we are under a duty to disclose or share your personal data with in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of our customers, our regulator, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and prevention of money laundering and credit risk reduction.
- Third parties to whom it is necessary to share your data with for the establishment, exercise or defence of legal claims.
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
We may transfer your data outside the European Economic Area (“EEA”). For example, some our third party service providers are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring we implement at least one of the following protection measures in compliance with the data protection legislation:
- transferring to Commission approved countries;
- putting in place Commission approved model contractual clauses with our service providers; or
- where we use service providers in the US, only transferring to those who are signed up to the EU-US Privacy Shield certification scheme.
- 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.
- 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.
We will keep information about you for a maximum of 6 years after the end of our relationship with you unless obligations to our regulators require otherwise or we are required remove such data from our records.
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.
- YOUR LEGAL RIGHTS
Under certain circumstances, you have the right under data protection laws to:
- Request access to your personal data (commonly known as a “subject access request”).
- Request correction of the personal data that we hold about you.
- Request erasure of your personal data.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) or where we are processing your personal data for direct marketing purposes. 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.
- Request the transfer of your personal data to you or to a third party.
- 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.
If you wish to exercise any of the rights set out above, please contact us using the contact details above.
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 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.
- COOKIES
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
We use the following cookies:
Essential cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytics cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
The table below explains the cookies we use and why.
For more information about how to change your cookie preferences, please see below.
First Party Cookies
| Name and Type | Purpose | Cookie Duration |
|---|---|---|
| ESSENTIAL COOKIES | ||
| wordpress_[hash] | Used to indicate when you are logged in, and who you are. This cookie is maintained on the front-end of the website as well when logged in. | 1 Year |
| wordpress_test_cookie | Checks if the cookies are enabled on the browser to provide appropriate user experience to the users. This cookie is used on the front-end, even if you are not logged in. | 1 Year |
| wordpress_test_cookie | Checks if the cookies are enabled on the browser to provide appropriate user experience to the users. This cookie is used on the front-end, even if you are not logged in. | 1 Year |
| FUNCTIONALITY COOKIES | ||
| woocommerce_cart_hash | Session | Helps WooCommerce determine when your cart contents/data changes. |
| woocommerce_items_in_cart | Session | Helps WooCommerce determine when cart contents/data changes. |
| wp_woocommerce_session_ | 2 days | Contains a unique code for each customer so that it knows where to find the cart data in the database for each customer. |
Third Party Cookies
Some of the cookies we use are set by third parties. We work with other companies, such as search engine providers, so that we can learn more about our customers, in order to understand performance and engagement, provide a personalised experience and deliver more relevant advertising. The table below further explains the third party cookies that are used on our website and their purposes.
To learn more about how these third parties process personal information, to the extent relevant, follow the links in the table below to the third party privacy notice.
| Third Party | Purpose | Cookie Duration | Link to third party privacy notice |
| ANALYTICS COOKIES | |||
| _ga | Used by Google Analytics to distinguish users. | 2 years | Google Analytics Cookie Usage |
| _gid | Used to distinguish users. | 24 hours | Google Analytics Cookie Usage |
| _gat | Used by Google Analytics to throttle request rate. | 1 minute | Google Analytics Cookie Usage |
| _stripe_mid | Used by Stripe Payments for Fraud prevention | 1 year | Stripe Payment Gateway Cookies |
| _stripe_sid | Used by Stripe Payments for Fraud prevention | 30 minutes | Stripe Payment Gateway Cookies |
You can control which types of cookie are set by changing your preferences through our cookie banner when you first visit our website or at any time by using the preference table below:
| Cookie Type | Set Preference |
| Analytics Cookies | On/Off |
| Functionality Cookies | On/Off |
| Essential Cookies | These cannot be disabled as they are required for the website to work |
Cookies can also be controlled by your web browser settings. Whether our cookies are used will depend on your browser settings, so you are in control. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website and you will not receive a personalised service.
- CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES
We keep our privacy policy under regular review. This version was last updated on 26/11/2020. Please check back frequently to see any updates or changes to our privacy policy.
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.