Definitions and interpretation
Data: collectively all information that you submit to Doctor Bodywell Ltd via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Data Protection Laws: any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
GDPR: the General Data Protection Regulation (EU) 2016/679;
Doctor Bodywell Ltd of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
User or you: any third party that accesses the Website and is not either (i) employed by Doctor Bodywell and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Doctor Bodywell and accessing the Website in connection with the provision of such services; and
Website: the website that you are currently using, https://www.doctorbodywell.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2.a reference to a person includes firms, companies, government entities, trusts and partnerships;
3."including" is understood to mean "including without limitation";
4.reference to any statutory provision includes any modification or amendment of it;
2.For purposes of the applicable Data Protection Laws, Doctor bodywell is the "data controller". This means that Doctor Bodywell determines the purposes for which, and the manner in which, your Data is processed.
3. We may collect the following Data, which includes personal Data, from you:
How we collect Data
4. We collect Data in the following ways: a. data is given to us by you; and b. data is collected automatically.
a. Data that is given to us by you
Doctor Bodywell will collect your data in a number of ways, for example:
a. when you contact us through the Website, by telephone, post, e-mail or through any other means as outlined below:
By completing a nutrition & lifestyle questionnaire
By signing a terms of engagement form
During a nutrition planning consultation
Through email, over the telephone or by post
By taking credit card and online payment
At workshops or educational seminars
When signing up for our newsletter or other guides and materials via our website
When joining or registering for one of our programmes on our website or email.
This may include the following information:
basic details such as name, address, contact details and next of kin
details of contact we have had with you such as referrals and appointment requests
health information including your previous medical history, dietary, lifestyle, supplement and medicine details.
GP contact information
We use this information (over the phone, email, nutrition questionnaire) in order to provide you with a nutrition and lifestyle action plan. This means that the legal basis of our holding your personal data is for legitimate interest.
By signing the Terms of Engagement form, or when we obtain your email and signature at workshops or educational events, the legal basis of holding your data is for contract.
We send out a seasonal newsletters and may ask if you would like to receive this when you attend your first nutrition consultation. You will have the opportunity to consent or decline. If you provide consent, you will have the opportunity to unsubscribe at any time. The legal basis of our holding your personal data is consent.
Following completion of your nutrition sessions we retain your personal data for the period defined by our professional association UKHCA. This enables us to process any complaint you may make. In this case the legal basis of our holding your personal data is for contract administration.
b. Data that is collected automatically
To the extent that you access the Website, we will collect your Data automatically, for example:
a. We automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
Our use of Data
5. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
6. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
7. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
b.For other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
c.If you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
8. We act as a data controller and processor in regard to the processing of credit card and online payments.
We undertake at all times to protect your personal data, including any health and contact details, in a manner which is consistent with our duty of professional confidence and the requirements of the General Data Protection Regulation (GDPR) concerning data protection. We will also take reasonable security measures to protect your personal data storage.
Storage of your data on Practice Better Nutrition Portal
On occasion we may store your personal data on the Practice Better Nutrition Portal where you may have exclusive access on a personal ‘log in’ basis to your Nutrition Protocols and Online Food Diary, as well as access to a private message service to Doctor Bodywell. Questionnaires, Terms of Engagement and Waivers will also be stored on the Portal.
Practice Better stores data in Canadian and US data centers. Both Canada and US (limited to Privacy Shield certified entities) are acknowledged as countries which provide adequate levels of data protection outside of the EU:
Although Practice Better is a Canadian-based company, we do work with a vendor based in the United States, Amazon Web Services (AWS). Data stored in AWS are primarily housed in Amazon's Canadian data centers, but we do rely on an American location for backup and redundancy purposes in some scenarios.
As per GDPR guidance, data can be stored by US-based entities as long as these entities are certified under the EU/US Privacy Shield.
Although Practice Better cannot directly certify under the Privacy Shield as we are not US-based, we rely on the security, policy, safeguards, and Privacy Shield certification achieved by Amazon to meet our GDPR requirements regarding data storage in the US.
Details on the Amazon Privacy Shield certification can be found here:
More details on AWS GDPR compliance can be found here:
Review our article about the security policies and controls we use to protect your data:
Practice Better have implemented several security mechanisms to keep your personal data safe.
We believe in transparency. The following guide highlights some of the ways Practice Better keeps your data safe and secured.
1. HIPAA and PIPEDA Compliance
We are fully compliant with HIPAA and PIPEDA regulations:
Need Practice Better Approach
Encryption Data is encrypted during transfer and at rest. We also encrypt all backups and log data
Minimum Necessary Access Access controls always default to no access unless overridden manually.
Physical Security Our servers are maintained by an SSAE 16 Type II provider which utilizes industry-leading security tools, and best practices.
Monitoring All network requests, successful and unsuccessful, are logged.
Auditing All log data is encrypted and unified, enabling secure access to full historical network activity records.
Vulnerability Scanning All customer and internal networks are scanned regularly for vulnerabilities.
Backup All customer data is backed up every 24 hours. Thirty (30) days of rolling backups are retained.
A HIPAA BAA is available upon request. Contact us if you have specific concerns about regulations outlined by your governing body.
2. Security in the browser
We do not persist your password in your browser cache. We also use secure cookies with a 30-60 minute lifespan. You will be asked to re-enter your login credentials if your session is idle for the allotted timeout period.
All data sent between your browser and our servers are secured using the industry standard AES-256 bit encryption. Data stored on our servers is also encrypted using AES encryption algorithms.
4. Server & Backups
We store your data on encrypted hard drives on servers in North America.
Data backups are done nightly, so you can rest assured you won't lose sensitive data in the unlikely event of a disaster. Backups are stored for 30 days, after which they are purged from our system.
We provide you with activity logs when your clients view, sign and complete forms and waivers. The logs include your clients' IP address and location. An IP address uniquely identifies a computer or mobile device on the Internet.
We may use your personal data where there is an overriding public interest in using the information e.g. in order to safeguard an individual, or to prevent a serious crime. Also where there is a legal requirement such as a formal court order. We may use your data for marketing purposes such as newsletters but this would be subject to you giving us your express consent.
Withdrawing Consent & Opting-out of the Practice Better Nutrition Portal
We can remove your data from the Nutrition Portal at any time when you make a request for us to do so either by email or secure communication within Practice Better (Secure Messaging).
The Portal stores backups of your data for 30 days.
We do not carry out any automated processing, which may lead to automated decision based on your personal data.
If you would like to invoke any of the above rights then please email firstname.lastname@example.org
Who we share Data with
9.We may share your Data with the following groups of people for the following reasons:
a. third party service providers who provide services to us which require the processing of personal data - to ensure that the marketing communications sent to you are relevant and professional;
b. Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our services to you. Your data may be stored through Wix.com’s data storage, database and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Keeping Data secure
10. We will use technical and organisational measures to safeguard your Data, for example:
a. access to your account is controlled by a password and a username that is unique to you. b. We store your Data on secure servers.
11. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: email@example.com
12. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
14. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
15. You have the following rights in relation to your Data:
1. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
2. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
3. Right to erase - the right to request that we delete or remove your Data from our systems.
4. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
5. Right to data portability - the right to request that we move, copy or transfer your Data.
6. Right to object the right to object to our use of your Data including where we use it for our legitimate interests.
16. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: firstname.lastname@example.org.
17. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
18. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
Changes of business ownership and control
21. We may also disclose Data to a prospective purchaser of our business or any part of it.
22. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
25. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
26. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
28 February 2022.