RAYPRO – PATIENT PRIVACY POLICY (EN)

  1. Introduction

Rayner Intraocular Lenses Limited (collectively referred to as “Rayner”, “we”, “us” or “our” in this policy) are committed to protecting your personal data and respecting your privacy. Rayner is the controller of personal data for the RayPRO platform and this policy covers the processing of your personal data by the RayPRO platform.

RayPRO is designed to be a digital platform that enables cataract surgery services (i.e. surgeons and hospitals) to fluidly collect patient reported outcome measures (PROMs) data, as well as patients’ overall satisfaction with their surgical experience.

The overarching aim of the RayPRO platform is to enable both ourselves and healthcare professionals to improve the quality of surgical outcomes through enhanced clinical insights. Data collection is streamlined and kept to a minimum, with a central focus on improving health and care for both current and future generations of cataract patients.

  1. Consent

Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data. Such information is provided in this document, the RayPRO Patient Privacy Policy (the Privacy Policy); it is important that you read this information.

For the purposes of registering you on the RayPRO system, initial consent is provided by patients to their healthcare professional.  Therefore, before registering your details on the RayPRO platform, your healthcare professional is required to have obtained your consent either through an appropriate pre-existing permission, or they will take your oral consent that you agree to such processing. If taking oral permission, they will provide you with a RayPRO patient leaflet which includes details of the data we process and a link to this policy. The healthcare professional is required to confirm that requisite consent has been given before registering you on the RayPRO platform.

You may change your mind and withdraw consent at any time by contacting us privacy@rayner.com but that will not affect the lawfulness of any processing carried out before you withdraw your consent.

  1. Contact details

We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.

Our full details are:

  • Full name of legal entity: Rayner Intraocular Lenses Limited
  • Title of senior officer responsible for data privacy oversight: Legal Director
  • Email address: privacy@rayner.com
  • Postal address: 10 Dominion Way, Worthing, West Sussex BN14 8AQ

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. Details of the ICO’s complaint procedure can be found at https://ico.org.uk/make-a-complaint/.

  1. Changes to the privacy policy and your duty to inform us of changes

We keep this RayPRO privacy policy under regular review.

This version was last updated on 19 February 2019. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email.

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 our relationship with you.

  1. The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you as follows:

  • Identity Data: first name, last name, patient ID, year of birth, gender, language spoken.
  • Contact Data: email address.
  • Health Data: basic information on your eye surgery namely hospital, date of surgery, operated eye (R / L), intraocular lens used (model and power), whether surgery provided for blended vision (Y / N) and whether surgery was complex (Y / N).

We 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.

Other than the Health Data specified above, 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.

  1. How is your personal data collected?

We will collect and process the following data about you:

  • Information you give us. This is information (including Identity, Contact and responses to questionnaires) you consent to giving us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). It includes information provided when you are registered on RayPRO platform and when you report a problem with the RayPRO Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.
  • Information we collect about you and your device. Each time you visit one of Our Sites we will automatically collect personal data including device, content and usage data. We collect this data using cookies and other similar technologies. Please see the Rayner Privacy Policy for further details.
  1. Cookies

We use cookies to distinguish you from other users of the App Site to remember your preferences. This helps us to provide you with a good experience when you use the App Site and also allows us to improve the App Site. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see the Rayner Privacy Policy and Cookie Policy.

  1. How we use your personal data

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

  • Where you have consented before the processing.
  • 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.

See the Glossary at the end of this Privacy Policy to find out more about the types of lawful basis that we will rely on to process your personal data.

  1. Purposes for which we will use your personal data
Purpose/activity Type of data Lawful basis for processing
To register you as a patient on the RayPRO platform Identity
Contact
Health
Your consent
To manage our relationship with you including notifying you of changes to the RayPRO patient privacy policy Identity
Contact
Profile
Your consent
Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)
Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
To issue the questionnaires generated by the RayPRO platform (at 1 week, 3 months, 1 / 2 / 3 years post-surgery) and record responses Identity
Contact
Health
Your consent
Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
To administer and protect our business and the RayPRO platform including troubleshooting, data analysis and system testing Identity
Contact
Health
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)

In addition we will use aggregated and anonymised patient health data for research and development, clinical use, white papers and marketing claims.

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with Internal Third Parties and External Third Parties, as defined in the Glossary.

  1. International transfers

We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called “binding corporate rules”.

If we do transfer your personal data out of the EEA, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
  1. Data security

All information you provide to us is stored on the secure servers of our carefully chosen IT partner. As a minimum such partners shall have ISO27001 certification. Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

  1. Data retention

We retain information as long as it is necessary to properly administer the RayPRO system, subject to any legal obligations to further retain such information. Information associated with you will generally be kept until it is no longer necessary to retain.

In certain circumstances you can ask us to delete your data: see Your legal rights below for further information.

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

  1. Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

  • 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. You also have the right to object 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 in the following scenarios:
    • if you want us to establish the data’s accuracy;
    • where our use of the data is unlawful but you do not want us to erase it;
    • 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
    • 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.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at 10 Dominion Way, Worthing, West Sussex OR privacy@rayner.com.

Glossary

Types of ‘Lawful Basis’

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

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.

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

Third parties

Internal third parties

Other companies in the Rayner Group acting as joint controllers or processors and who are based in Germany, France, Spain, Portugal and the USA, and provide IT and system administration services and undertake leadership reporting.

External third parties

Service providers acting as processors based in the United Kingdom who provide IT and system administration services.

Regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.