Privacy

1. Introduction

Welcome to Harvey Walsh Limited’s privacy notice. Harvey Walsh Limited is a legal entity which is part of the OPEN HEALTH group. OPEN HEALTH is a business comprising of several legal entities which provide health economic and outcomes research, strategic market access, modelling and meta-analysis and other services to healthcare and life science industry.

Harvey Walsh Limited, whose registered address is 25 Canada Square, Level 37, Canary Wharf, London, E14 5LQ. We are also known as and trade as OPEN Health in the healthcare sector. In this notice, we refer to ourselves as "Harvey Walsh". This notice includes information on how Harvey Walsh collects and processes your Personal Data, and the various ways we may interact with you, including via this website.

Harvey Walsh is a health informatics company, operating in the healthcare and technology sector.

Harvey Walsh takes your privacy seriously. This notice tells you how we look after your Personal Data when you interact with us and gives you information as to Your Privacy Rights.

The links are provided to make navigation easier. Please also use the Glossary to understand the meaning of some of the terms used in this.

Please read this privacy notice together with any other privacy notices we may provide as part of your interactions with us, therefore, this privacy notice supplements any other notices, and is not intended to override them.

2. Data Controller

If you have any questions about this privacy notice, including any requests to exercise Your Privacy Rights please contact us at:

Harvey Walsh Limited:
Email address: dataprivacy@harveywalsh.co.uk
Postal address: The Heath Business and Technical Park, Runcorn, Cheshire, WA7 4QX

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 at dataprivacy@harveywalsh.co.uk in the first instance.

3. Changes to this Privacy Notice

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.

4. The data we may collect about you

Personal Data, or personal information, means any information about a living individual from which that person can be identified. It does not include data where your identity has been removed (anonymous data).

Depending on how you interact with us we may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you.
• 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 our websites.
• Profile Data includes your interests, preferences, feedback and any survey responses.
• Biographical Data includes information about your work history, specialisms and qualifications.
• Marketing and Communications Data includes your preferences in receiving marketing and or newsletters from us and any communication preferences collected.
• Market Research Data includes any personal and or Special Categories of Personal Data you have shared with us as a participant in a survey or as part of our contract or agreement with you.
• Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data but is not considered Personal Data in law as this data does not directly or indirectly reveal your identity.
• Pseudononysed data this is Personal Data that is about you but is not directly identifiable as it is coded to protect your privacy. Hospital Episode Statistics Data also known as HES Data is Pseudonomysed Data when shared with us and we do not have the code to make it identifiable. See section 7

5. How is your personal data collected?

We use different methods to collect data from and about you, including via:

Direct interactions
You may give us your Identity Data, Contact Data and Financial Data by filling in forms or by corresponding with us by post, telephone, email or otherwise. This includes Personal Data you provide when you do any of the following:

• meet us at an event
• take part in research either on line, by phone or face to face
• subscribe for publications
• take part in a campaign where you share your Personal Data and experiences
• approach and/or contract with us to perform services
• give us feedback
• contact us online in a networking or social media forum
• make an enquiry to our website
• you send us your CV or biography
• you contact us to request our services

Automated technologies or interactions
As you interact with 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.

Third parties or publicly available sources
We may receive Personal Data about you from various third parties and public sources as set out below:

• (a) analytics providers;
• (b) registers of information such as HES from NHS Digital
• (c) search information providers such as Google, Chrome
• (d) Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register, British Medical Association and similar international organisations, if applicable.

6. How we use your personal data

Most commonly, we will use your Personal Data in the following circumstances:

• Where we need to perform a contract we are about to enter into, or have entered into.
• 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 in the public interest to do so.
• With your explicit consent (which you may withdraw at any time).

We have set out below 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.

Note that we may process your Personal Data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please contact dataprivacy@harveywalsh.co.uk if you need 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 details below

Clients

Relationship to Harvey Walsh
Clients and potential Clients

Purpose/Activity

To manage our relationship with you which will include:

• (a) Communicate with you regarding services we are delivering on your behalf
• (b) Notify you about changes to our terms or privacy policy
• (c) Ask you to give feedback on performance
• (d) Recommend goods or services that may be of interest to you
• (e) To understand your role in your organisation

Type of data

• (a) Identity
• (b) Contact
• (c) Profile/Job title
• (d) Marketing and Communications

Lawful basis for processing including basis of legitimate interest

• (a) Performance of a contract with you
• (b) Necessary for our legitimate interests (to keep our records updated and gather feedback on performance)
• (c) Necessary for our legitimate interests (to develop our products/services and grow our business)

How long will we keep it?
For the period of our contract with you plus up to 5 years unless specified differently in our contracts.

Who do we share it with?

• Authorised subcontractors as set out in contract arrangements
• Harvey Walsh Group companies including its parent companies and investors
• Potential investors in the Harvey Walsh Group

Just browsing (website user)

Relationship to Harvey Walsh
Website User/Browsing

Purpose/Activity
To ensure that you can navigate the website appropriately and have a positive user experience

Type of data
Our website hosting provider may collect your IP address. This will provide them with information such as location (town) and your computer or mobile device. We do not have control over the data the provider collects.

We generate log files about browsing patterns. This is statistical data which does not identify you as an individual. It is useful for us for security reasons and so that we can see which pages are most popular and whether a particular event has increased traffic to our website.

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to analyse how visitors use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

Google will use this information for its own purposes in accordance with its own privacy policy. You may refuse the use of Google Analytics cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. Google has an Opt-out Browser Add-on to provide website visitors the ability to prevent their data from being used, please visit the following website for further information: Google Analytics Opt-out.

Lawful basis for processing including basis of legitimate interest
Necessary for our legitimate business interests to promote services

How long will we keep it?
Due to the fact that we cannot identify users by their IP address and for the security and performance of our web services, we keep this data indefinitely.

Who do we share it with?
Your IP address is recorded by Google Analytics services and stored in our web server logs at UK Fast hosting in the UK.

 7. Hospital Episode Statistics (HES) Data

Harvey Walsh is a Sole Data Controller and a Data Processor of Hospital Episode Statistics (HES) data under licence from NHS Digital.

Hospital Episode Statistics (HES) is a database containing details of all admissions, A and E attendances and outpatient appointments at NHS hospitals in England.

Initially this data is collected during a patient's time at hospital as part of the Commissioning Data Set (CDS). This is submitted to NHS Digital for processing and is returned to healthcare providers as the Secondary Uses Service (SUS) data set and includes information relating to payment for activity undertaken. It allows hospitals to be paid for the care they deliver. Further information on HES data can be found at https://digital.nhs.uk/data-and-information/data-tools-and-services/data-services/hospital-episode-statistics

Legal Basis for Processing
We process HES data in accordance with a Data Sharing Agreement (DSA) and Data Sharing Framework Contract (DSFC) with NHS Digital.

HES data are processed as a legitimate interest under General Data Protection Regulation Article 6 (1) (f) and Article 9(2)(j). This processing is necessary to deliver the purpose of improved outcomes for patients and benefits to the wider health and social care arena.

Use of HES data
Harvey Walsh use pseudonymised Hospital Episode Statistics Data comprising of Admitted Patient Care, Outpatients, Critical Care, A&E, Emergency Care (ECDS) and Civil Registry Data to undertake analysis, develop services and provide solutions to providers of Healthcare and life sciences services such as Clinical Commissioning Groups (CCGs), Commissioning Support Units (CSUs), Hospital Trusts, NHS England, Public Health England, Sustainability and Transformation Partnerships (STPs), NHS Trusts, Clinical teams, Health and Wellbeing Boards, Universities, Life science industry, Pharmaceutical companies, Medical Device companies, Academic Heath Science Networks (AHSNs), Integrated Care Systems (ICS), Patient Groups and Charities and other NHS organisations.

These organisations use the outputs and insights provided by Harvey Walsh to work collaboratively with NHS organisations to promote health and improve the wellbeing of patients.

The use of the data supports the development of innovative solutions and service improvement, to track outcomes and provide the real world evidence as required by the NHS, NICE and other regulatory bodies. The aim of which is to improve patient care and support enhanced access to improved services and innovative solutions. In addition these clients use these outputs for the purposes of providing supporting information required by the NHS for business cases, epidemiological research, pathway analysis, burden of disease analysis, health economic research, predictive analytical modelling, NICE submissions and quality and outcome analysis. The outputs of which are shared directly or indirectly with the NHS to support improvements in patient care.

The data we receive is pseudonymised and non-identifiable; this means individuals cannot be identified from the data.

Record level data supplied by NHS Digital to Harvey Walsh is not supplied to any third party organisation.

All outputs are aggregated with small numbers suppressed in line with the HES analysis guide and the mental health suppression rules.

HES data are not used to populate automated decision making tools.

HES Data Security and Retention
HES data are retained on a rolling 10 year basis. HES data are securely processed and stored in England at locations disclosed with NHS Digital conforming to both ISO27001 and the DSP Toolkit. The HES data are securely destroyed in accordance with NHS Digital data destruction standards when required under licence conditions.

Opt Out From HES
Harvey Walsh do not hold direct identifiers in which to remove your data from HES.

If you would like to understand the national data opt-out then please visit https://www.nhs.uk/your-nhs-data-matters/ which has all the up-to-date information on opt-outs and how they work.

8. Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies.

» Our Cookie Policy

9. Change of purpose

We will 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. 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.

10. Disclosures of your personal data

We may have to share your Personal Data with the parties set out below as well as in the table in paragraph 6 above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Specific third parties listed in the table in paragraph 6 above
• 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.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law.

11. International transfers

All data is not transferred outside the European Economic Area (EEA) apart from Google Analytics data which is stored in the USA. Where data is transferred to the USA we rely on Standard Contractual Clauses (SCC) as our mechanism for restricted transfers. https://privacy.google.com/businesses/processorterms/

12. Data security

We are ISO27001/2013 compliant Certificate Number: 9164-ISMS-001, this means we have put in place appropriate safeguards 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.

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.

13. 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 the appropriate retention period for Personal Data, we consider the amount, nature, nd 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. We are required by law to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for at least six years after they cease being customers for legal reporting purposes. See Table in part 6.

14. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. 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 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 overrides 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.

If you wish to exercise any of the rights set out above, please contact us at dataprivacy@harveywalsh.co.uk

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 may refuse to comply with your request in these circumstances.

15. 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.

16. 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.

17. Glossary

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).

Personal Data means data which relate to a living individual who can be identified from those data, or from those data and other information which is in the possession of, or is likely to come into our possession of, the data controller and includes any expression of opinion about and individual and any indication of the intentions of the data controller or any other person in respect of the individual.

Special Categories of Personal Data 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.

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.

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.

Third Parties has the following meanings.

External Third Parties means:

• Service providers who provide IT and system administration 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 based in the EEA or Outside the EEA who require reporting of processing activities in certain circumstances including the public interest.
• Other third parties are set out in the Table in part 6.
• “Data Controller” means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be processed.
• “Data Processor” , in relation to personal data, means any person (other than an employee of the data controller) who processes the data on behalf of the data controller.
• Pseudononysed data this is Personal Data that is about you but is not directly identifiable as it is coded to protect your privacy.