Privacy Notice

PURPOSE OF THIS PRIVACY NOTICE

The intention of this privacy notice is to explain how Tim Kiver Foundation (TKF) collects and processes your personal data through your interaction with us but not limited to our support services or fundraising, donations, volunteering by email, through our website or social media, by phone or at events.

This privacy notice is not intended for children. However, we may collect personal data relating to children in certain circumstances. In these cases, this notice will apply and will supplement any other privacy information provided by the Tim Kiver Foundation at the time of data collection.

It is important that you read this privacy notice together with any other privacy notice 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 notice complements the other notices and is not meant to override them.

CONTROLLER

Tim Kiver Foundation is the controller and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy notice).

The Tim Kiver Foundation is registered with the Information Commissioner’s Office (ICO), registration number ZA791587.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was created on 9th October 2020 and historic versions can be requested by contacting us.

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.

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 notice of every website you visit.

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

We may collect, use, store and transfer different kinds of personal data about you (and any other individuals’ personal data you give to us, including children) as follows:

• Identity Data: First name, middle names, last name, preferred name, identifiers (NHS), marital status, title, date of birth and gender.
• Contact Data: Address, email address and telephone numbers for you, your GP, your NHS Specialist/Clinic, your Private Specialist/Clinic.
• Lifestyle and Social Data includes details about your family, including children, your support network and other lifestyle information relevant to us.
• Financial Data includes bank account and payment card details, proof of income, proof of saving.
• Transaction Data includes details about payments to and from you.
• Technical and Usage Data includes internet protocol (IP) address, any 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.
• Marketing and Communications Data includes our record of what communications we have sent to you and any communication preferences, including marketing choices, you have informed us about.

Special category information includes:

• information about your physical or mental health, including genetic information or biometric information (we may get this information from application forms you have filled in, from notes and reports about your health and any treatment and care you have received or need, or it may be recorded in details of contact we have had with you, and referrals from your existing healthcare professionals and records of medical services you have received);
• information about your race, ethnic origin and religion; and
• information about any criminal convictions and offences.

We use different methods to collect data from and about you through:

• Direct interactions. You may give us your Identity, Contact, Lifestyle and Social and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for or enquire about our support services, recently or in the past (for up to 7 years), including applications and enquiries on behalf of someone else;
  • fundraise for us or attend fundraising events;
  • make a donation;
  • make a request for communications to be sent to you about what we do;
  • allow us to take photographs of you;
  • volunteer for us
  • correspond with us via social media channels, e.g. Facebook, Twitter, LinkedIn and Instagram; and
  • take part in research projects.
• 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 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:
  • Identity, Contact and Special Category Data from doctors, other clinicians and health-care professionals, hospitals, clinics and other health-care providers;
  • Identity, Contact and Special Category Data from any service providers who work with us in relation to your support service, even if we don’t provide it to you directly, such as providing you with medical treatments, health related assessments or activities;
  • Technical Data from the following parties:

(a) analytics providers such as Google based outside the EU; and

(b) search information providers who may be based inside OR outside the EU.

• Identity and Contact Data from social media channels, the Press and other networking platforms, e.g. LinkedIn.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data and special category data (where relevant) in the following circumstances:

• Where we have your permission. Or in the case of children under 16, parental permission to use their personal data.
• Where we need to perform the contract we are about to enter 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.

If we need to ask for your permission, we will make it clear that this is what we are asking for and ask you to confirm your choice to give us that permission. If you later withdraw your permission, we will no longer be able to provide you with a service that relies on having your permission. You have the right to withdraw consent to marketing at any time by contacting us.

In the table below, we provide descriptions 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 one or more lawful grounds depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific lawful grounds we are relying on to process your personal data where more than one has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To administer and manage your application for support services	(a) Identity (b) Contact (c) Lifestyle and Social (d) Special Category	(a) Your permission (b) Your permission on behalf of a child (c) Necessary for our legitimate interests (to ensure we can support you)
To administer and manage your enquiries about how TKF can help you	(a) Identity (b) Contact (c) Lifestyle and Social (d) Special Category	(a) Your permission (b) Your permission on behalf of a child (c) Necessary for our legitimate interests (to ensure we can help you)
To administer and manage any fundraising activities or fundraising events you may take part in	(a) Identity (b) Contact (c) Lifestyle and Social (d) Financial (e) Marketing and Communications (e) Special Category	(a) Your permission (b) Your permission on behalf of a child (c) Necessary for our legitimate interests (to ensure fundraising is successful)
To process and manage any donations you may make to claim Gift Aid on your donations and verify any financial transactions	(a) Identity (b) Contact (c) Financial (d) Marketing and Communications	(a) Your permission (b) Necessary for our legitimate interests (to receive donations)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) To update you with important administrative messages about your donation, event or services you have requested (c) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Marketing and Communications	(a) Your permission (b) Performance of a contract with you (c) Necessary to comply with a legal obligation (d) Necessary for our legitimate interests (to keep our records updated and review our performance)
To comply with the Charities (Protection and Social Investment) Act 2016 and follow the recommendations of the official regulator of charities, the Charity Commission, which require us to identify and verify the identity of supporters who make major gifts so we can assess any risks associated with accepting their donations.	(a) Identity (b) Contact (c) Financial	(a) Your permission (b) Necessary to comply with a legal obligation
Where you volunteer with us, to administer the volunteering arrangement.	(a) Identity (b) Contact	Your permission
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical and Usage	(a) 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 group restructuring exercise) (b) Necessary to comply with a legal obligation
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	Technical and Usage	Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To administer and manage research projects that we and/or our research partners may run –	(a) Identity (b) Contact (c) Special Category	(a) Your permission (b) Necessary for our legitimate interests (to ensure fundraising is successful)
To run and hold publicity opportunities	(a)   Identity (b)   Special Category	Your permission

MARKETING COMMUNICATIONS

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).

You will receive communications, which may include marketing, from us if you have requested information from us, fundraised, donated or have benefit from our services from us and, in each case, you have not opted out of receiving that communication.

You can ask us or third parties to stop sending you communications, including marketing, at any time by contacting us.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please take a look at our cookie policy.

You can update your cookie consent at any time by clicking here.

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.

Where appropriate, we may disclose your personal data to:

• Our staff (and volunteers) at TKF so that they can support you
• Service providers (acting as data processors and data controllers) who provide IT and system administration services including Charity Checkout.
• Healthcare providers and agencies (acting as data controllers) who provide medical, health and support services, including NHS and other Health Services, including your GP, Mental Health Services, Social Care, Voluntary Sector Organisations
• Support services (acting as data controllers) who provide services such as ADHD Assessments, Coaching, ADHD specific CBT, Counselling, etc.
• Research providers (acting as processors or joint controller) who administer and manage research projects you agree to take part in.
• Events and hospitality providers (acting as controllers) who will host and cater events that you may attend.
• 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.
• In exceptional circumstance Regulators and law enforcement agencies may also request your information from us and we will provide them with your information only when there is a legal basis to do so.
• If we suspect someone has committed fraud we’ll note it in our records and may share the information with others that we deem relevant – such as the Police.

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.

Your personal data may be transferred to, stored or accessed by our agents in other locations across the world, some of which do not have the same laws in place to protect data. Some of these countries may not be regarded as ensuring an adequate level of protection for personal information under European Union law. In these cases, we have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us at the details below.

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.

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, 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 requirements.

By law we have to keep patient personal information processed under the term of this Privacy Notice for up to seven years. Any Special Category data (concerning Health, Medication and Biometric data used for identification purposes) relating to patients can be kept indefinitely. Non-patient personal information will be kept in line with our Record Keeping and Retention Guidance. For more information please send enquiries via our contact details below.

Under certain circumstances, you have 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: (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 the Data Protection Lead.

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 may 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 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.

CONTACT DETAILS

Our full details are:

Tim Kiver Foundation
Email: privacy@timkiverfoundation.org.uk
Postal address: Tim Kiver Foundation, 62 Catland Copse, Bursledon, Southampton, SO31 1EU

You have the right to make a complaint at any time to the Information Commissioners Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, though, ask for the opportunity to deal with your concerns before you approach the ICO. We would appreciate it if you could please contact us in the first instance.