Privacy and Cookie Statement

1. Introduction

   1. We, Colten Care Limited, operate this Privacy Statement because we are committed to safeguarding the privacy of those using our services (including but not limited to the Site defined below) and the confidentiality of any information that we collect about you.This Privacy Statement sets out how we will use any personal information that we may obtain from you in connection with our services (including but not limited to the Site).If we change any of the terms of this Privacy Statement we will post the revised statement on the Site behind the “Privacy” link at the bottom of each page.
   2. The Colten Care website (home page www.coltencare.co.uk) (“the Site”) is operated by Colten Care Limited.
   3. Whenever you submit your information to us in connection with our services or your use of the Site, whether it be by using the Site, by email, over the telephone or in person, you acknowledge that we will collect and use such information in accordance with the terms of this Privacy Statement and, if you opt in when requested by us, are consenting to be added to our mailing list. Please see section 4 below for further information if you no longer wish to receive such mailings from us.
   4. You have the right to lodge a complaint with the Information Commissioner’s Office (“ICO”) if you have any concerns with regard to the way in which we process your personal data. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
   5. Please note that if you apply to us in respect of care home residency we will collect additional information from you in connection with such application.Such information will be processed in accordance with our separate Resident Privacy Statement (a copy of which can be accessed here). You warrant that any information you supply to us is accurate and up to date (whether or not the information is about you), that you will inform us if any information that we hold about you requires updating, and that if you submit a third party’s details to us (including but not limited to via the Site) you have that third party’s permission or an alternative legal basis to do so.

2. Who are we?

   1. We are Colten Care Limited, a limited company registered in England (number 02218757) whose registered office and address for correspondence is at Colten House, Forest Gate Business Park, Wellworthy Way, Ringwood, Hampshire, BH24 3FE, United Kingdom.
   2. We are committed to ensuring that all personal information we hold is treated properly and in accordance with applicable data protection legislation.We are registered as a data controller with the Information Commissioner’s Office and our registration number is Z6058877.In accordance with applicable data protection legislation, we are required to explain to you how we will treat any personal data which we collect from you.

3. What information do we collect and how do we use it?

   1. It is possible to visit and browse some sections of the Site without being required to tell us who you are or reveal any information about you.
   2. We may keep a record of any information that you submit to us using the Site, or if you contact us, we may keep a copy of that correspondence.We may also keep details of your use of the Site, including, but not limited to, traffic data, location data and other communication data, and the resources that you access and download using the Site.We will use this information for our legitimate interests in the following ways:
      1. to develop our systems and services and ensure that content from the Site is presented in the most effective manner for you and for your computer/device;
      2. to provide you with information, products or services that you request from us;
      3. to monitor your compliance with our terms and conditions;
      4. to allow you to participate in interactive features of the Site;
      5. to notify you about changes to our services and/or the Site; and
      6. to create anonymised reports based on your usage of the Site.
   3. In the event that you provide us with feedback regarding the Site or our services, we may use and disclose that feedback to our suppliers and to other users of the Site and our services where it is in our legitimate interests to do so in order to improve the services that we provide.This includes any information that you provide to us if you report a problem with the Site or any of our services.
   4. Where you have given consent, we may use your information to inform you of special offers, promotions, new products, new services and changes to the Site via post, telephone, email, [SMS] or other appropriate means. If you subscribe to our mailing list but subsequently decide that you no longer wish to receive such mailings please see section 4 below.
   5. If you correspond with us (e.g. using email), we may retain the content of your correspondence together with your contact details and our responses where necessary for our and your legitimate interests in order that we can appropriately manage your relationship with us, to reply to your correspondence and for training and quality purposes
   6. Where we need to collect personal data in connection with any services which you request or order from us and you fail to provide that data when requested, we may not be able to provide such services or perform any related contract that we have or are trying to enter into with you.
   7. We may also collect information about where you are on the Internet (e.g. the URL you came from, IP address, and domain types like .co.uk and .com), your browser type, the country where your computer is located, the parts of the Site that were viewed during your visit and any search terms that you entered using the Site.We may collect this information even if you are not registered with us, and will use it for our legitimate interests in administering and improving the Site, for internal operations (including troubleshooting, data analysis, testing, research, statistical and survey purposes) and as part of our efforts to keep the Site safe and secure.

   Third Party Disclosures

   1. We may disclose personal data about you:
      1. with third parties who are directly involved in dealing with any request, enquiry, complaint or other correspondence submitted by you or in the performance of any contract between us and you;
      2. with third parties who are processing your information on our behalf for specified purposes in accordance with our instructions;
      3. with third parties who are providing us with professional advice where necessary for our legitimate interests in obtaining such advice and permitted by law;
      4. where we are legally required to do so;
      5. in connection with criminal investigations, legal proceedings or prospective legal proceedings where necessary for our related legitimate interests and where permitted by law;
      6. where necessary for our legitimate interests and permitted by law in establishing, exercising or defending our legal rights (including providing information to others for the purposes of fraud prevention) and protecting the rights, property or safety of Colten Care Limited, our residents, our employees or others; and
      7. where we have stated or informed you otherwise (e.g. in this Privacy Statement or on the Site).
   2. We may also disclose your personal information to third parties in the event that we propose to sell or buy any business or assets (in which case we may disclose your personal information to the prospective seller or buyer of such business or assets and/or their professional advisors) or if we or substantially all of our assets are proposed to be acquired by a third party.Any such disclosure will be made where necessary for the legitimate interests of us and/or the third party in respect of the proposed transaction; however, we will not transfer your personal information to any such third party unless we are satisfied that they are able to provide an adequate level of protection in respect of your personal information.
   3. Except as provided in this Privacy Statement, we will not provide or disclose your information to third parties without your express consent for any purpose (including but not limited to direct marketing).we do not sell personal information under any circumstances.

4. How do you stop marketing information being sent to you?

   You can ask that such information is no longer sent to you by emailing us at dpo@coltencare.co.uk or writing to us at Colten Care Limited, Colten House, Forest Gate Business Park, Wellworthy Way, Ringwood, Hampshire, BH24 3FE, United Kingdom, clicking on the appropriate link in the footer of any of our marketing emails [or by following the instructions in any related SMS message].  You can also complete our ‘Opt Out’ form accessible via www.coltencare.co.uk/optout.  Any such withdrawal of consent will not affect the lawfulness of our processing based on your consent before you withdrew it.

5. Security

   1. We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know that information. However, the Internet is global and no data transmitted via the Internet can be guaranteed by us to be completely secure during transmission.We cannot guarantee the security of any information that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.It is possible that the information you provide to us will be temporarily transferred via a route outside the European Economic Area as it passes between us.
   2. [In certain circumstances we may use the services of a supplier outside the European Economic Area (EEA) for purposes referred to in this Statement (for example, we use the services of Dotmailer to store our email marketing database and send electronic communications).This may involve your personal information being processed by the relevant supplier on our behalf outside of the EEA.If we do this, we will require the relevant supplier to put in place appropriate technical and organisational data protection security measures (for example, as part of our contract with the relevant supplier or by verifying that they operate under the EU-U.S. Privacy Shield framework (please see www.privacyshield.gov for further details.
   3. We have put in place procedures to deal with any suspected data security breach and will notify you and/or any applicable regulator of a suspected breach where we are legally required to do so.

6. Access to your information

   1. You have a legal right to see a copy of the personal information that we keep about you and to correct any inaccuracies, subject to certain exemptions.In some circumstances you may also have the right to:
      1. request that we erase any personal information held about you;
      2. restrict our processing of your personal information (for example, to ask to suspend the processing of personal information to establish its accuracy or the reasons for processing it);
      3. data portability (i.e. to request the transfer of personal information to a third party); and
      4. object to our processing of your personal information where we are relying on a legitimate interest (or those of a third party).
   2. Requests of the nature set out in section 6.1 above should be made in writing to the Data Protection Officer, Colten Care Limited, Colten House, Forest Gate Business Park, Wellworthy Way, Ringwood, Hampshire, BH24 3FE, United Kingdom. Please contact the same address if you have any reason to believe that information we hold about you is inaccurate.We will respond to your request as soon as possible and, in any event, within one month from the date of receiving the request.Please note that we may, where legally permitted, reject any such request or limit the scope of our response (e.g. if, in the circumstances, the right does not apply to you).
   3. In accordance with applicable data protection legislation, we follow security procedures in the storage and disclosure of your information.We may therefore request proof of your identity before disclosing certain information to you or complying with any other request of or a nature described in section 6.1 above.
   4. You will not generally have to pay a fee to exercise any of your rights described in section 6.1 above.However, we may charge a reasonable fee if you make a request to see a copy of your personal information which is clearly unfounded or excessive.Alternatively, we may refuse to comply with your request in such circumstances.

7. Retention and Destruction of your Personal Information

   1. Any personal information held by us in relation to any of the purposes described in this Privacy Statement will be retained by us for as long as we need it to fulfil the purpose(s) for which it was collected.Further details of our specific retention periods are set out in our information retention policy (a copy of which is available upon request).
   2. For example, if you have consented to receiving our newsletter, your preferences in that regard will be retained by us unless and until:
      1. we cease producing our newsletter; or
      2. you withdraw your consent,

   following which we will destroy or suppress such personal data without delay so that you no longer receive our newsletter.

   1. Save for any contact preferences suppressed under section 7.2 above, your information will be securely destroyed at the end of the relevant retention period described or otherwise referred to in this section 7.
   2. Whilst taking into consideration our legal obligations, we will on an ongoing basis:review the length of time that we retain personal data for; consider the purpose or purposes for which we hold the personal data in deciding whether (and for how long) to retain it for; securely delete personal data that is no longer needed for such purpose or purposes; and update, archive or securely delete information if it goes out of date.

8. Cookies

   1. The Site uses “cookies” for our legitimate interests in ensuring that you receive the best possible visitor experience.Cookies are small files which are sent by a web server to an individual’s computer which are then stored on that computer’s hard drive.A cookie contains text, and is like an identification card which can only be translated by the server it originated from.
   2. Cookies cannot tell us information such as your email address, which we can only collect where you or your employer tells us, for example if you provide your details in a capture form.
   3. The Site uses the following cookies for the following purposes:
    
9. 1. You may manage your cookie preferences using the Manage Cookie Preferences option below. Additionally, most internet browsers allow you to prevent cookies being stored on your computer. Alternatively, you may be able to configure your browser to accept all cookies or to notify you when a cookie is offered by our server. You may also be able to delete all cookies currently stored on your web browser.
   2. Some parts of the Site require cookies to be enabled in order to function correctly.Therefore, unless you change your browser settings you will automatically accept cookies from the Site.
   3. We do not use cookies to market or promote the interests of any third party.
   4. For further information about cookies and how they are used, please visit www.aboutcookies.org.]
   Cookie Settings
   
   

10. How will you know if we make any changes to this Privacy Statement?

    We may amend this Privacy Statement from time to time.  You are bound by any changes we make to this Privacy Statement with effect from the date of the change.  If we make any substantial changes to the way in which we use your personal information collected in connection with our services or the Site we will notify you (e.g. by posting a notice on the homepage for the Site).  You can view the current version of our Privacy Statement at any time by clicking on the Privacy link on the homepage for the Site.

11. What about third party websites that you can access via the Site?

    1. The Site contains links to other websites which are outside our control and are not covered by this Privacy Statement.If you access other websites using the links provided, the operators of those websites may collect personal information from you which will be used in accordance with their respective privacy policies which you should read.We are not liable for the practices of such third-party website operators in respect of your personal information.
    2. You acknowledge that any information that you post using our social media facilities (such as Facebook, YouTube and Twitter) will be viewable by anybody who visits those websites and that such information is also subject to the relevant provider’s privacy policy.You are advised to consult each such privacy policy to see how they will use your data.
    3. You acknowledge that any content that you post using our social media facilities will be considered non-confidential and non-proprietary, and that we have the right to monitor, remove, use, copy, distribute and disclose to third parties any such content for any purpose permitted by law.
    4. You acknowledge that we will cooperate with any person, law enforcement authority or court order requesting or directing us to disclose the identity of anyone posting or sending material using any of our social media facilities in breach of any law (whether civil or criminal) or the legal rights of any party (including but not limited to intellectual property rights and rights to privacy).

12. Data Processing for Non-Colten Residents

    1. We may also hold and use personal information in relation to non-residents with an interest in an applicant or resident of Colten or the services provided by Colten.This information may include the non-resident’s name, email address and other contact details.We will collect and use this information where necessary for our legitimate interests in the following circumstances:
       1. Additional Resident Contacts (ARC) - personal information will be used to distribute an e-newsletter to each ARC which is specific to the home of the resident associated with the ARC.The e-newsletter will contain the forthcoming activities schedule, invitations to special events, any news or information that might relate to changes in home operations or satisfaction surveys.Occasionally we will send separate emails from the relevant home manager which detail any home closures or more urgent news or information;
       2. Colten Friends - if the resident associated with an ARC passes away, the ARC will be given the opportunity to become a ‘Colten Friend’.Personal information relating to Colten Friends will be used to distribute quarterly newsletters from the relevant home which are designed to keep the Colten Friend connected with the home and its community after having played such a vital role in the care of their loved one.Such emails will not be sent until 3 months after the passing of the relevant resident.In addition, Colten Friends may from time to time be invited to special events at the home which may be of interest to them;
       3. Community Contacts - personal information will be used to send quarterly newsletters relating to news from the relevant home and our involvement within the local community, in addition to notifications of forthcoming events that may be of interest to them in their role as Community Contacts; and
       4. Former Respite Residents - if a resident has previously stayed in one of our homes but is not currently a resident, they will be given the opportunity to become a Former Respite Resident.Personal information relating to Former Respite Residents will be used to distribute quarterly newsletters from the relevant home which are designed to keep the Former Respite Resident connected with the home and its community.In addition, Former Respite Residents may from time to time be invited to special events at the home which may be of interest to them.

    The above information will be collected using the appropriate Colten Care form related to the relevant processing activity or via any related correspondence between Colten Care and the relevant individual.

    1. Each category of individual listed in section 11.1 above can opt out of receiving the relevant contact from us by emailing us at optout@coltencare.co.uk or writing to us at Colten Care Limited, Colten House, Forest Gate Business Park, Wellworthy Way, Ringwood, Hampshire, BH24 3FE, United Kingdom, clicking on the appropriate link in the footer of any related email or completing our ‘Opt Out’ form accessible via www.coltencare.co.uk/optout

13. Contact

If you have any questions about this Privacy Statement or our treatment of personal data, please write to us at Colten Care Limited, Colten House, Forest Gate Business Park, Wellworthy Way, Ringwood, Hampshire, BH24 3FE United Kingdom or e-mail us via DPO@colten.co.uk.