Who we are
Rutherford Health plc is a Company registered in England and Wales (company number 09420705). We are a registered data controller with the Information Commissioners Office, registration number ZA213326.
We operate a network of oncology centres nationally and internationally known as the Rutherford Cancer Centres (www.therutherford.com), providing a range of cancer services for patients through our subsidiary company Rutherford Cancer Care Limited. Rutherford Health plc sets the strategy and provides the Board, Executive Team, corporate governance, finance, governance, marketing, business development, human resources, ICT and health and safety provision for all subsidiary companies within the group.
Where the term ‘we’ or ‘us’ is used, this relates to Rutherford Health plc.
Other company subsidiaries within the Rutherford Health plc group are:
Our nominated representative, for the purpose of the Data Protection Act, is our Data Protection Officer whose contact details can be found at the end of this policy.
What is personal data?
The term ‘personal data’ relates to any information that can, or has the potential to, identify you as an individual such as your name, address, e-mail address, phone number. It also includes less obvious information such as identification numbers, electronic location data and other online identifiers.
Certain types of personal data are referred to in data protection legislation as ‘special categories’ of data. This is because they are classed as more sensitive and require additional protection.
Such information includes information about an individual’s:
Processing personal data in line with data protection legislation
We will process your personal data in line with data protection legislation as follows:
What personal data do we collect?
In the normal course of day to day business activities we may obtain personal data through:
Enquiries in relation to the Rutherford Cancer Centres
Governance of Rutherford Cancer Care Limited
The Board and Executive Team of Rutherford Health plc set the strategy and provide the corporate and quality governance and central functions in relation to Rutherford Cancer Care Limited. This means that we may have access to personal data processed by the Rutherford Cancer Centres as follows:
When you enquire about treatments and services at the Rutherford Cancer Centres or receive treatment, the finance department at Rutherford Health plc will have access to your personal data in order to provide quotations to you or to generate invoices. Personal data processed for this purpose will include:
Only personal data that is necessary in order to undertake the accounting and invoicing process will be accessed by those that undertake these roles. To be able to undertake this type of processing personal data may need to be exchanged with organisations that are responsible for payment (e.g. insurers, NHS bodies, agencies).
Rutherford Health plc are responsible for ensuring that safe management of services within the Rutherford Cancer Centres is in place. Roles within Rutherford Health plc may have access to patient data in the following circumstances:
Types of personal data processed by us may include:
What is our lawful basis for processing your personal data?
Under data protection legislation we must always have a lawful basis for using personal data and special category data (as described earlier). The law provides a set of lawful purposes for processing personal data and special category data.
Depending on the reason for us processing your personal data, there may be several lawful purposes that will apply, and which may be relevant at different times. This section describes the lawful basis for processing personal data and special category data at Rutherford Health plc.
When you contact us and ask us for information with a view to receiving services from us, supplying services to us, entering into investments or collaboration opportunities, we process your personal data to meet those requests.
We therefore rely on this lawful basis for processing:
‘The processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract’.
We are subject to a range of legal obligations in relation to the services we provide. These may range from our requirements under the UK Companies Act, employment law, tax purposes and regulatory requirements laid down in healthcare legislation.
We therefore rely on the following lawful purpose:
’Processing is necessary for compliance with a legal obligation to which the controller is subject.’
The term ‘legitimate interests’ relate to our normal business activities which we carry out, and which would reasonably be expected as part of the running of our business and which does not impact your rights, freedoms or interests.
When you contact us to enquire about services, opportunities for investment, collaboration, providing services to us, receiving services from us or working for us, we process your personal data in order for us to respond to you and provide you with the required information and services.
Data protection legislation requires that any processing must be ‘necessary’ and on all occasions we must balance our interests as a company against those of the individual’s. If the individual would not reasonably expect the processing, or if it would cause unjustified harm, their interests are likely to override our legitimate interests. We will always ensure that our legitimate interests do not cause unjustified harm to you.
Our company’s aim is to deliver diagnostics, planning, treatment and research in the field of oncology and therefore personal data is collected and processed to achieve this aim.
We therefore rely on the following lawful purpose:
‘The processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.’
Special Category Data
In the planning and delivery of our services, it is necessary for us to process special category data in relation to responding to enquires you make about treatments and services, providing services to you, for undertaking our responsibilities in overseeing governance in the Rutherford Cancer Centres and in relation to processing employee data.
The lawful process by which we are able to process special category data is as follows:
‘Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3.’
There may be situations where complaints or claims are made against us a company or against our independent medical practitioners and where the processing of special category data is necessary to respond to those complaints or claims.
The lawful purpose we would reply on for special category data in these circumstances is as follows:
‘Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.’
We will always ask for your consent to send you information on our services and treatment and business opportunities. You can opt in to receiving information when you complete our on line forms or are provided with opportunities to join mailing lists at our events
There may be other circumstances where we require your consent. Wherever the processing of your personal data requires consent we will ensure we provide you with full information to allow you to make an informed decision:
‘The individual has given clear consent for you to process their personal data for a specific purpose.’
Who your information is shared with
Within the day to day running of our business, we may use third party organisations to support the essential delivery of services. These may be; IT service providers, financial advisors, storage & shredding companies, debt management companies. We may also be required to share personal information to prevent fraud and to assist the police in the prevention and detection of a crime.
Where third party organisations are used, who may have access to your personal data, we ensure that a contract is in place, security checks are undertaken and that we have a lawful basis for sharing the personal data.
Personal data may be shared between Company subsidiaries and PPI in order for PPI to carry out its functions of ‘parent’ company. Such processing may involve the provision of IT storage systems, mailing lists, contact databases and the undertaking and reviewing of financial transactions,
Where we, or third party companies who we engage with, ‘process’ data (transfer, store) outside of the European Economic Area ("EEA") we ensure that appropriate security checks are undertaken and that processing is in line with the data protection legislation.
Where data is processed outside of the EEA, it will be processed by staff operating outside the EEA who work for us or for third party companies engaged by us.
How we protect the security and confidentiality of your personal data
All employees are bound by contractual confidentiality clauses in employment contracts, receive mandatory training in data protection and confidentiality and process information under the direction of mandatory policies and procedures. Audits are carried out to ensure information recorded and created is accurate, up to date and kept securely.
We would like to keep you updated on the services and treatments that we provide but will only do this where you have opted in to receive such updates. When you access our services you are provided with an option to join our mailing list. You may also have the opportunity to opt in through links or forms when you visit our website or by completing forms when you attend events. When you opt in to receive information on our services, should you wish to stop receiving updates you can contact us and we will remove you from any mailing lists.
We never share or sell your data to external marketing companies.
Your rights under data protection legislation
The right to be informed
The right to access your personal information
You may contact us to request details of the type of processing we carry out on your personal data and a copy of the personal information which we hold about you. This is known as a Subject Access Request and must be submitted in writing to to the Data Protection Officer at the address shown below.
We must process your request within one month of receipt of the request, however, if it is a complex request we may need to extend this by up to two months. You will be kept informed if an extension is required.
The right to rectification
You have the right to have incorrect personal information amended or completed if it is incomplete.
The right to erasure
You have the right to request that we delete the personal information we hold about you. However, there are exceptions to this and in certain circumstances we may not be able to comply with your request. For example, the right of erasure of personal information does not apply to special category data where it is being processed for medical diagnosis and the provision of health and social care.
The right to restrict processing
You have the right to limit the way we use your personal information in certain circumstances. For example, this may occur if:
The right to data portability
Where we are processing personal data purely in electronic format, there may be circumstances where you can request to have your data transferred (if technically possible) to another individual or organisation of your choice in an electronic format.
The right to object
You have the right to object to the processing of your personal data in certain circumstances:
You can ask us to stop processing your personal data for direct marketing at any time. When we receive an objection to processing for direct marketing we must stop processing your data for this purpose.
You have the right to object to us processing your personal data for our legitimate interests (i.e. our business reasons) however you must give specific reasons to why you are objecting. We may not be able to meet your request depending on the reasons stated.
Automatic decision-making and profiling
We do not use automated decision-making tools or profiling when you provide us with personal information.
Personal data collected when using our website
When you visit our website, we automatically collect the following information:
We use Google Analytics cookies to collect information about how visitors use our site. Cookies are small files which are stored on a user’s computer, designed to hold a small amount of data specific to a particular user and website. Using cookies allows us to collect information about how visitors use our website.
Google Analytics sets four types of first-party cookies automatically:
These cookies track the number of visitors to our website, how long the website sessions last, and note where the website visitor arrived from. The information collected by these cookies is anonymised and visitors cannot be identified. We will use this information to write reports and make improvements to the website.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
How long do we keep personal data for?
Under data protection legislation personal data must only be processed for as long as it is necessary and not kept for an excessive period of time. How long we keep your personal data will depend on our relationship with you (i.e. the purpose for which we have obtained your personal data).
We retain personal data to provide our services, stay in contact with you and to comply with applicable laws, regulations and professional obligations that we are subject to.
Where personal data is received as part of a contract, clauses within the contract will specify the retention period and return or deletion of personal data as relevant to each contract.
How to contact us
You can contact the Data Protection Officer by writing to us at:
The Data Protection Officer
Rutherford Health plc
Suite 4 Penn House
9-10 Broad Street
How to complain
If you believe that your information has been unfairly or unlawfully used, you have the right to contact the Information Commissioner’s Office at the address below:
Information Commissioner's Office
Tel: 0303 123 1113 (local rate) or 01625 545 745