Policies

ENS Care & Support is committed to protecting and respecting your privacy.

Any references to “we”, “us”, “our” means ENS Care & Support as defined in section 1159 of the UK Companies Act 2006.

This notice together with our Data Retention Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

The UK General Data Protection Regulation (UK GDPR) (Regulation (EU) 2016/679) has been directly incorporated into UK law sitting alongside the Data Protection Act 2018 (“DPA”) and aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate.

We will comply with UK GDPR and the DPA which means your data will be:

• Used lawfully, fairly and in a transparent way
• Collected only for valid purposes that we have clearly explained to you and not used in a way which is incompatible with those purposes
• Relevant to the purposes we have told you about and limited to only those purposes
• Accurate and kept up to date
• Kept only as long as necessary for the purposes we have told you about
• Kept securely

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purposes of data protection legislation in force from time to time, our nominated representative is the ENS Care & Support Managing Director.

Who we are and what we do

ENS Care & Support provides personalised care and support services to individuals in their own homes, helping people live the lives they choose with independence, comfort and dignity. We are a subsidiary company of Bluestones Investment Group Limited. We collect the personal data of the following types of people to allow us to undertake our business:

• People who use or enquire about our care and support services, and their families or representatives
• Prospective and current members of our care and support team
• Supplier and partner contacts who support our services
• Employees, consultants and temporary workers

We collect information about you to carry out our core business and activities.

Information you give to us, or we collect about you

This is information about you that you give us by filling in forms on our site ens-care.co.uk (our site) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, enquire about our services, submit a job application, subscribe to our communications, or report a problem with our site.

The information you give us or we collect about you may include your name, address, private and corporate e-mail address and phone number, financial information, compliance documentation and references verifying your qualifications, experience and your right to work in the United Kingdom, curriculum vitae and photograph, and links to your professional profiles available in the public domain e.g. LinkedIn.

You may also give us, or we may collect or store more sensitive personal data such as information about your race, ethnicity, religious beliefs, sexual orientation, political opinions, health (including any medical condition, health and sickness records) or information about criminal convictions or offences. For those receiving care, this may also include detailed health and care needs information necessary to deliver safe, person-centred support.

Information we collect about you when you visit our website

Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information if applicable, browser type and version.

Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

Information we obtain from other sources

This is information we obtain about you from other sources such as LinkedIn, job board websites, online CV libraries, your business card or personal recommendations. In this case we will inform you, by sending you this privacy notice, within a maximum of 30 days of collecting the data, of the fact we hold personal data about you, the source the personal data originates from and whether it came from publicly accessible sources, and for what purpose we intend to retain and process your personal data.

We work closely with third parties including companies within our Group, business partners, sub-contractors and professional advisors. We may receive information about you from them for the purposes of delivering our care and support services or fulfilling our recruitment and operational activities.

Purposes of the processing and the legal basis for the processing

We use information held about you in the following ways:

To carry out our obligations arising from any contracts we intend to enter into or have entered into between you and us and to provide you with the information, products and services that you request from us, or we think will be of interest to you because it is relevant to your care, employment or engagement with us.

To provide you with information about other services we offer that are similar to those that you have already received, been provided with, or enquired about.

The core service we offer is the provision of personalised care and support to individuals in their own homes, alongside the recruitment and development of the staff who deliver that care. Our service extends to supporting individuals and their families throughout their care journey and to supporting the continued development and progression of our team.

Our legal basis for the processing of personal data is our legitimate interests, described in more detail below, although we will also rely on contractual obligations to which you are subject, legal obligations and consent for specific uses of data.

• We will rely on contractual obligations if we are negotiating or have entered into a care agreement, employment contract or any other contract to provide or receive services.
• We will rely on legal obligation in some cases, where we are required by law or regulation to process your data — for example, in relation to CQC registration, safeguarding duties or employment law.
• We will in some circumstances rely on consent for particular uses of your data. Where we rely on consent, you will be asked for your express consent. An example of when we will rely on consent as the legal basis for processing your data is when we process your data for marketing purposes.

Our Legitimate Interests

Our legitimate interests in collecting and retaining your personal data are described below:

As a provider of care and support services, the exchange of personal data between our team, the individuals we support and their families or representatives is a fundamental part of delivering safe, effective and person-centred care.

In order to support our team’s career development and to meet the needs of the people in our care, we maintain a database of staff, candidate and service user information. This database will contain both historical and current information relevant to ongoing care and employment relationships.

To maintain, expand and develop our business we need to record the personal data of prospective team members and individuals or families enquiring about our services.

Consent

Should we want or need to rely on consent to lawfully process your data we will request your consent orally, by email or by an online process for the specific activity we require consent for and record your response on our system. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.

Other uses we will make of your data

We will also use your data:

• To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes
• To improve our site to ensure that content is presented in the most effective manner for you
• To notify you about changes to our service
• To allow you to participate in interactive features of our service, when you choose to do so
• As part of our efforts to keep our site safe and secure

We do not undertake automated decision making or profiling. We use our computer systems to search and identify personal data in accordance with parameters set by a person. A person will always be involved in the decision-making process.

Do you have to provide us with personal data?

You may refuse to give us your personal and sensitive personal data. Furthermore, you have the right to ask us to delete, change or stop processing your data that we have already received or collected. If you do not provide us with personal or sensitive personal data, or if you request a restriction of processing, we may not be able to provide you with the services that you have requested and that are stated in this policy.

Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

Disclosure of your information inside and outside of the UK and the EEA

We will share your personal information with any member of our group both in the UK, the EEA and outside of the EEA, and with selected third parties including:

• Members of our care team and clinical staff for the purpose of delivering safe and effective care
• Family members or representatives where appropriate and agreed
• Clients, business partners, suppliers and sub-contractors for the performance and compliance obligations of any contract we enter into with them or you
• Analytics and search engine providers that assist us in the improvement and optimisation of our site
• Credit reference agencies, our insurance broker, compliance partners and other sub-contractors for the purpose of assessing suitability where this is a condition of us entering into a contract
• Third party IT providers and Group companies involved in the provision of support services

We will disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets
• If ENS Care & Support or all of its assets are acquired by a third party, in which case personal data held about individuals will be one of the transferred assets
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, including safeguarding duties, or in order to enforce or apply our terms and other agreements; or to protect the rights, property, or safety of ENS Care & Support, the people we support, our team or others

Where we store and process your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the UK or European Economic Area (“EEA”). It may also be processed by staff operating outside the UK or the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy notice.

All information you provide to us is stored on our secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Retention of your data

We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate interests and that you are happy for us to do so. Accordingly, we have a data retention policy and run data routines to remove data that we no longer have a legitimate interest in maintaining.

We do the following to try to ensure that the data we hold on you is accurate:

• We check that we have accurate information about you prior to commencing care or employment
• We keep in touch with you so you can let us know of changes to your personal data

The criteria we use to determine whether we should retain your personal data include the nature of the personal data, its perceived accuracy, our legal obligations, whether a care or employment relationship is active or has concluded, and our regulatory requirements as a CQC-registered provider.

Our current retention notice is available upon request.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you before collecting your data if we intend to use it for marketing purposes. We will collect express consent from you, if legally required, prior to using your personal data for marketing purposes.

You can exercise your right to accept or prevent processing for marketing purposes by checking the relevant boxes on the forms we provide when we collect your data, or at any time by contacting us via the website.

The UK GDPR provides you with the right to:

• Request correction of the personal information that we hold about you
• Request erasure of your personal information where there is no good reason for us continuing to process it
• Object to processing of your personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object
• Request the restriction of processing of your personal information
• Request the transfer of your personal information to another party in certain formats, if practicable
• Make a complaint to a supervisory body — in the United Kingdom this is the Information Commissioner’s Office, which can be contacted at: https://ico.org.uk/concerns/

Access to information

The Data Protection Act 2018 and the UK GDPR give you the right to access information held about you. We also encourage you to contact us to ensure your data is accurate and complete.

A subject access request should be submitted to info@ens-care.co.uk. No fee will apply unless the requests from a data subject are manifestly unfounded or excessive, in which case we may charge a reasonable fee or refuse to act on the request.

Changes to our privacy notice

Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes.

Contact

Questions, comments and requests regarding this privacy notice are welcomed and should be addressed to info@ens-care.co.uk.

Terms

“The Company” shall mean ENS Care & Support.

Use of this website is governed by this website policy and you agree to be bound by them each time you access the website.

The material on this website is provided purely for your information and you should seek further guidance and make independent inquiries before relying on it. The Company may make alterations to the website at any time. You will be deemed to accept such alterations when you next use the website following any such alteration.

Any employment placement will be subject to The Company’s current standard employment terms and conditions.

The information on this website is updated from time to time. Whilst The Company has made every effort to ensure the accuracy and completeness of information on this website, The Company makes no representations or warranties whatsoever, express or implied, as to the quality, accuracy or completeness of such information.

The Company may without notice modify, suspend or discontinue the website or any part of it at any time without any liability to you or any third party.

To the full extent permitted by law, The Company accepts no liability in contract, tort or otherwise (including liability for negligence), for loss or damage of any kind including without limitation, direct or indirect loss or damage, loss of business, revenue or profits, corruption or destruction of data, or any other consequential loss or damage arising out of your use or inability to use the website (or other site linked to the website) or in connection with any computer virus or system failure and The Company excludes any such liability even if The Company is expressly advised of the possibility of such damage or loss.

You will indemnify The Company against all costs, losses, expenses or other liabilities incurred by The Company arising from the use of the website by you.

Lawful Use

You will use the website for lawful purposes only.

Links

You should note that The Company provides links to web sites maintained by others. The Company accepts no responsibility or liability for the accuracy or legality of any content contained in such websites. The fact that you may use one of these links to access other websites is not an endorsement by The Company of any content contained in those websites. Neither you nor any third party may link another site to The Company’s website without The Company’s prior written consent.

Copyright

Unless otherwise stated, the copyright and similar rights in this web site and in all the material contained on this website belong to The Company. You are only permitted to copy or print extracts of the material for your own personal use. You may not use any of this material for commercial or public purposes.

Without The Company’s written permission, you may not (whether directly or indirectly including through the use of any programme) create a database in an electronic or other form by downloading and storing all or any part of the pages from this website. Without the permission of The Company, no part of this website may be reproduced, transmitted to or stored on any other website, disseminated in any electronic or non-electronic form, or included in any public or private electronic retrieval system.

Changes to these Terms and Conditions

The Company may add to or change this policy from time to time. You are deemed to have accepted changed or additional policy statements when you access the website following any such change or addition.

The Accuracy of your Registration Information

You are responsible for ensuring that any information you provide to The Company, including your CV, is accurate, complete and your own. If The Company has any reason to believe that any information you have supplied is false, inaccurate or not your own, we may remove your ability to log-in to the site and may prohibit you from using this site. The Company is entitled, forthwith and without notice, to remove from the website any such information found to be false, inaccurate, incomplete or not your own.

Your Username and Password

You are responsible for all use of this site made using your user name and password, whether or not such use is made by you or by someone else using your user name and password. You are responsible for protecting and securing your user name and password from unauthorised use. Your user name and password must not be disclosed to another person. If you believe there has been a breach of security of your user name or password, such as theft or your username or password becoming known to someone else or unauthorised use, you must notify The Company.

Information that you post on the website

The Company reserves the right, at your cost, at any time to remove any material from the site which it believes to be salacious, defamatory or offensive or which The Company believes may be in breach of a third party’s rights, such as a third party’s intellectual property or confidentiality rights. You agree to indemnify The Company on a full and continuing basis against any loss or damage suffered or costs (including legal costs) incurred by The Company in defending any action brought against The Company as a result of any information you have posted on the website.

Governing Law and Applicable Legislation

This website policy is governed by English law and you agree that the English courts shall have exclusive jurisdiction to determine any matter or dispute arising out of or in connection with use of this website and this policy.

It is not intended that a third party should have the right to enforce any provision of this policy pursuant to the Contracts (Rights of Third Parties) Act 1999 and furthermore The Company may, and without the consent of a third party to whom the right of enforcement of any of the terms has been expressly provided vary and amend this policy.

Use of this website may not be allowed in countries outside the United Kingdom where such use may be contrary to local law or regulation. If you access information on this website it is your sole responsibility to ensure compliance with any applicable laws or regulations in any other country. Any use of this website outside the United Kingdom is your responsibility and we accept no liability whatsoever in connection with such use.

The Company has the right at any time to terminate or suspend access to, or use of, the website where The Company reasonably believes you have infringed this policy.