Lab Testing Services - Privacy Notice

Med Logistics Health Services Limited (company number 10485265) (Med Logistics, we, us, our) are committed to protecting the privacy and security of the personal data of Representative who deal with us on behalf of the Individual (Representative Personal Data) and the personal data of the Individual (Individual Personal Data). This Privacy Notice describes how we collect, use and look after Representative Personal Data and Individual Personal Data collected and processed as part of our Lab Testing Services.
  • 1 Important Information
    • 1.1 Supplemental Terms - This Privacy Notice supplements the other notices and terms published on our website or provided at the time the Sample is collected (including our Lab Testing Service Terms and any consent forms (Terms)) and is not intended to override them.
    • 1.2 Controller - Med Logistics are the controller of, and are responsible for, Representative Personal Data and Individual Personal Data.
    • 1.3 Understanding - For further assistance in understanding this Privacy Notice, we have set out in the Schedule a glossary of terms used in this Privacy Notice, examples of types of personal data we collect, how we use it, the lawful basis for processing such data and further details of Representatives and Individuals rights. Paragraph 4 also explains how we use Representative Personal data and Individual Personal Data.
    • 1.4 Questions – Sadakat Syed is our Data Protection Officer (DPO), who shall be able to answer any questions about this Privacy Notice or how Representatives or Individuals can exercise their legal rights. Please contact our DPO in writing, either by:Email: info@medicallaboratories.co.ukPost: 1-5 Portpool Lane, London, EC1N 7UU
    • 1.5 Complaints - Both the Representative and an Individual have the right to make a complaint at any time to the Information Commissioner's Office (ICO) (www.ico.org.uk). We would, however, appreciate the chance to deal with any concerns before they are referred to the ICO so please contact our DPO in the first instance.
    • 1.6 Changes to personal data - It is important that the data we hold about both Representatives and Individuals is accurate and current, therefore please keep us informed of any changes to either Representative Personal Data or Individual Personal Data.
  • 2 The Personal Data We Collect
    • 2.1 We may collect, use, store and transfer the types of personal data about Representatives and Individuals listed in Part 1 of the Schedule.
    • 2.2 We also collect, use and share aggregated data. However, if we combine aggregated data with Representative Personal Data or Individual Personal Data so that it can directly or indirectly identify the Representative or Individual, we treat this as Representative Personal Data or Individual Personal Data (as applicable).
    • 2.3 We collect special categories of personal data. Due to the nature of the Lab Testing Services, we collect special categories of personal data of the Individual, which may include medical history, and current medical conditions. The processing of special categories of data is required for us to provide the Lab Testing Services which Test the Sample and produce a Report. If the Individual or their Representative (as applicable) does not consent to the processing of special categories of personal data they must inform the phlebotomist before the Sample is taken and not proceed with the Test. By proceeding with Sample collection and signing the forms required by the phlebotomist the Individual or Representative (on the Individual's behalf) is providing their explicit consent to the processing of the special categories of data.
  • 3 How Personal Data is Collected

    We collect personal data in the following ways:

    Direct interactionsRepresentatives and/or Individual's may provide personal data when: requesting Lab Testing Services; a Sample is collected; a pathology request form is completed (either electronically or hard copy); a Test is completed; they respond to us in respect of a survey or they otherwise correspond with us (via post, phone or email);
    Provision of our ServicesWe collect special categories of personal data when you provide the patient information required by the phlebotomist as part of the Sample collection process and when we process Samples in our Lab in order to produce and create a Report.
    Third partiesWe may receive personal data from third parties who provide Representative Personal Data or Individual Personal Data on their behalf such as the Individual’s Medical Professional or employer.
  • 4 How We use Representative Personal Data and Individual Personal Data
    • 4.1 We will only use Representative Personal Data and Individual Personal Data when the law allows us to. The lawful basis that we rely on for the processing of personal data may vary depending on the person to whom the personal data relates and purpose of the processing. We will use personal data:
      • 4.1.1 to perform the contract we are to enter into or have entered into with the Individual or their Representative (as applicable) for the Lab Testing Services, however as special categories of personal data relating to the Individual will be processed as part of the Lab Testing Services including Sample collection, testing and the creation of the Report, we rely on the consent of the Individual or their Representative (as applicable) to process such personal data. We will provide a copy of a Report to the Individual’s Medical Professional where the Individual or Representative has requested we share a copy of the Report with their Medical Professional;
      • 4.1.2 where it is necessary to carry out our legitimate interests (or those of a third party) and the Representative's and/or Individual's fundamental rights do not override those interests – such circumstances include where the Individual's employer or Medical Professional has entered into a contract with us for the supply of Lab Testing Services, as special categories of personal data relating to the Individual will be processed, we will still obtain the Individual's consent to the processing of such data and the sharing of the Report with their employer; and
      • 4.1.3 to comply with a legal obligation.
    • 4.2 Please note that we may process Representative Personal Data and Individual Personal Data for more than one lawful ground depending on the specific purpose for which we are using your information.
    • 4.3 Change of purpose
      • 4.3.1 We will only use Representative Personal Data and Individual Personal Data for the purpose that we originally collected it for, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose or we have a lawful basis to change the purpose.
      • 4.3.2 If we need to use Representative Personal Data and Individual Personal Data for an unrelated purpose, we will notify the Representative or Individual (as applicable) and we will explain the legal basis which allows us to use Representative Personal Data and Individual Personal Data in this manner.
      • 4.3.3 We may process Representative Personal Data and Individual Personal Data (without the Representative's or Individual's knowledge or consent) where this is required or permitted by law.
  • 5 Disclosure of Representative Personal Data and Individual Personal Data
    • 5.1 We may share Representative Personal Data and Individual Personal Data with:
      • 5.1.1 an Individual's Medical Professional as part of a Report (where the Individual or Representative has requested we do so) where the Individual or their Representative has engaged with us directly to provide the Lab Testing Services;
      • 5.1.2 a Medical Professional as part of the Report, where the Medical Professional has engaged with us directly to provide the Lab Testing Services in relation to an Individual;
      • 5.1.3 an Individual's employer, where the employer has engaged with us directly to provide the Lab Testing Services in relation to an Individual; and
      • 5.1.4 a Third Party Lab, for the purposes of carrying out all or any part of the Lab Testing Services.
    We require all Third Parties to respect the security of Representative Personal Data and Individual Personal Data and to treat it in accordance with the law. Such Third Parties can only process Representative Personal Data and Individual Personal Data for specified purposes and in accordance with our instructions.
  • 6 International transfers
    • 6.1 We do not transfer any personal data outside of the UK.
  • 7 Data security
    • 7.1 We operate appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Access to personal data is restricted to individuals who have a business need to know it, are under confidentiality obligations and can only process it on our instructions.
    • 7.2 We have procedures in place 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.
  • 8 Data retention
    • 8.1 We will only retain Representative Personal Data and Individual 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.
    • 8.2 We may update our data retention practices from to time and you can request details by contacting us. However, we are legally required to keep basic information about our customers (including contact, identity, financial and transaction data) for six years after the end of the tax year in which they cease being customers, for tax purposes.
    • 8.3 We may also anonymise Representative Personal Data and Individual Personal Data (so that it can no longer be associated with you) for research or statistical purposes. We can use anonymised information indefinitely without further notice to the Representative or Individual.
  • 9 Representative and Individual's legal rights
    • 9.1 Representatives and Individuals rights in certain circumstances under data protection law. Additionally, we acknowledge that where the Individual is unable to exercise these rights for themselves, their Representative is permitted to exercise these rights on the Individual’s behalf where to do so is in the best interests of the Individual.
    • 9.2 The rights of Representatives and Individuals are set out in full in Part 3 of the Schedule. The Representative or Individual can contact us to exercise these rights.
    • 9.3 Neither the Representative nor the Individual will have to pay a fee to exercise any of their rights. However, if the request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee for this information or refuse to comply with the request. We may also refuse to comply with a request from a Representative where we have evidence that to comply with such request would not be in the best interests of the Individual.
    • 9.4 We may request specific information from the Representative or Individual to help us confirm the Representative or Individual's (as applicable) identity. This is a security measure to ensure that personal data is not disclosed to any person who does not have the right to receive it.
    • 9.5 We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if a request is particularly complex or the Representative or Individual has made a number of requests. In this case, we will notify the Representative or Individual (as applicable) and keep them updated.

Schedule

  • Part 1 Types of personal data
    Contact dataBilling address, delivery address, email address and telephone number.
    Identity dataFirst name, maiden name, last name, date of birth and gender.
    Financial dataBank account and payment card details.
    Special categories of personal dataIndividual's health data including medical information (such as medical history and blood group), racial or ethnic origin, biometric data and genetic data.
    Transaction dataDetails about payments to and from the Individual or Representative (as applicable) and other details of Lab Testing Services purchased from us.
  • Part 2 Lawful basis for processing and processing activities

    The lawful basis upon which we may rely on to process your personal data are:

    ConsentThe Individual or Representative (as applicable) has given their express consent for us to process the Individual Personal Data for a specific purpose.
    ContractThe processing is necessary for us to perform our contractual obligations with the Individual or Representative (as applicable), or because they have asked us to take specific steps before entering into a contract with them for the provision of our Lab Testing Services.
    Legal obligationThe processing is necessary for us to comply with legal or regulatory obligation.
    Legitimate interestsWhere it is necessary to carry out our legitimate interests (or those of a third party) and the Representative’s and/or Individual’s fundamental rights do not override those interests. Before we process your personal data on this basis we make sure we consider and balance any potential impact on you, and we will not use your personal data on this basis where such impact outweighs our interest.

    Specific Exemption:

    Processing is necessary for reasons of substantial public interest or the purposes of preventative medicine, provision of health care or treatment

    Where the processing of the special categories of personal data is necessary for the purpose of the potentially preventative medicine, medical diagnosis and/or provision of health care or treatment available by the provision of a Report to the Individual's Medical Professional.

    We rely upon this exemption (available under Article 9(2)(h) of the UK GDPR) in accordance with the further requirements of Article 9(3) of the UK GDPR: the personal data is processed by or under the responsibility of a professional who is subject to the obligation of professional secrecy and confidentiality. Such professionals in this instance are health professionals who are subject to professional obligations of patient confidentiality.

    Set out below are specific details of the processing activities we undertake with your personal data and the lawful basis for doing this.

    Purpose/ActivityType of dataLawful basis for processing
    To book an appointment with a phlebotomist.Identity & contact(i) To perform our contract with the Individual or Representative (as applicable);
    To process and deliver a request for Lab Testing Services, manage payments, fees and charges and debt recovery.Identity, contact, financial, transaction, marketing & communications

    (i) To perform our contract the Individual or Representative (as applicable);

    (ii) As necessary for our legitimate interest in recovering debts due to us.

    To collect the Sample, undertake the Test and prepare the Report.Identity, contact & special categories of personal data

    (i) Consent - to provide those elements of our Lab Testing Services in respect of the Individual; or

    (ii) To provide preventative medicine, medical diagnosis, healthcare or treatment.

    To provide the Report to the Individual, the Medical Professional or other third party requesting the Lab Testing Services.Identity, contact and special categories of data

    (i) Consent - where the Individual’s employer has requested the Test be undertaken in respect of the Individual;

    (ii) Consent - where the Individual has asked us to send a copy of the Report to their Medical Professional; or

    (iii) To provide preventative medicine, medical diagnosis, healthcare or treatment.

  • Part 3 Your legal rights

    You have the following legal rights in relation to your personal data:

    Access your dataThe Representative can ask for a copy of the Representative Personal Data and Individual Personal Data and the Individual can ask for a copy of the Individual Personal Data and can check we are lawfully processing it.
    CorrectionThe Representative and/or Individual can ask us to correct any incomplete or inaccurate personal data we hold about the Representative and/or Individual (as applicable).
    Erasure

    The Representative and/or Individual can ask us to delete or remove the Representative Personal Data and/or Individual Personal Data (as applicable) where:

    (a) there is no good reason for us continuing to process it;

    (b) they have successfully exercised the right to object (see below);

    (c) we may have processed information unlawfully; or

    (d) we are required to erase the personal data to comply with local law.

    We may not always be able to comply with the Representative and/or Individual's request for specific legal reasons, which will be notified to the Representative and/or Individual (as applicable) at the time of their request.

    Object

    The Representative and/or Individual can object to the processing of the Representative Personal Data or Individual Personal Data (as applicable) where:

    (a) we are relying on our legitimate interest (or those of a third party) as the basis for processing the personal data, if the Representative and/or Individual feels it impacts on their fundamental rights and freedoms;

    (b) we are processing Representative Personal Data or Individual Personal Data for direct marketing purposes.

    In some cases, we may demonstrate that we have compelling legitimate grounds to process Representative Personal Data or Individual Personal Data which override the Representative's or Individual's rights and freedoms and, in such circumstances, we can continue to process the Representative Personal Data or Individual Personal Data for such purposes.

    Restrict processing

    The Representative and/or Individual can ask us to suspend or restrict the processing of the Representative Personal Data or Individual Personal Data (as applicable), if:

    (a) the Representative and/or Individual want us to establish the accuracy of the personal data;

    (b) our use of the Representative Personal Data or Individual Personal Data is unlawful, but they do not want us to erase it;

    (c) the Representative and/or Individual needs us to hold the Representative Personal Data or Individual Personal Data (where we no longer require it) as they need it to establish, exercise or defend legal claims; or

    (d) the Representative and/or Individual have objected to our use of the Representative Personal Data or Individual Personal Data (as applicable), but we need to verify whether we have overriding legitimate grounds to use it.

    Request a transferThe Representative and/or Individual can request a transfer of the Representative Personal Data or Individual Personal Data (as applicable) which is held in an automated manner and which the Representative or Individual provided consent for us to process such personal data or which we need to process to perform our contract with the Representative or Individual or a third party. We will provide the Representative Personal Data and/or Individual Personal Data in a structured, commonly used, machine-readable format.
    Withdraw your consentThe Representative (on behalf of the Individual) or the Individual (as applicable) can withdraw consent at any time (where we are relying on consent to process Individual Personal Data). This does not affect the lawfulness of any processing carried out before consent was withdrawn.
  • Part 4 Glossary
    Aggregated dataInformation such as statistical or demographic data which may be derived from personal data but which cannot by itself identify a data subject;
    ControllerA body that determines the purposes and means of processing personal data;
    Data subjectan individual living person identified by personal data;
    ICOInformation Commissioner's Office, the UK supervisory authority for data protection issues.
    Individualthe person whom the Sample is to be taken from;
    Labour laboratory testing facility located at 1-5 Portpool Lane, London, EC1N 7UU.
    Lab Testing Servicesthe Lab testing services which include collection of Samples, undertaking the Test(s) and producing Reports;
    Medical ProfessionalGP or other medical practitioner, healthcare provider, clinician, nurse or nutritionist.
    Personal datainformation identifying a data subject from that data alone or with other data we may hold but it does not include anonymised or aggregated data;
    Processora body that is responsible for processing personal data on behalf of a controller;
    Reportthe report of a Test;
    Representativea person who is the parent, guardian, carer of the Individual and is to represent or act in that Individual’s best interests;
    Samplea sample of an blood or other bodily fluid to be taken/or taken by our phlebotomist for the purpose of the Test;
    Special categories of personal datainformation about race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, health, genetic, biometric data, sex life and sexual orientation;
    Testthe analysis to be run on a Sample; and
    Third Party Labany third party laboratory which we may instruct from time to time to carry out all of any part of the Lab Testing Services.