Privacy Policy

This privacy policy applies to the Marchmont Physiotherapy & Sports Injury Clinic’s website at www.marchmontphysiotherapyclinic.co.uk (the “Website”). We at the Marchmont Physiotherapy Clinic take your privacy seriously. This policy covers the collection, processing and other use of personal data under the Data Protection Act 1998 (“DPA”) and the General Data Protection Regulations (“GDPR”).

 

Clinic Name: The Marchmont Clinic Ltd trading as Marchmont Physiotherapy & Sports Injury Clinic (the “Clinic”)

Contact Details: 0131 477 7774/07483 150242 EMAIL US VIA OUR CONTACT FORM.

Address: Level 2, Pentland Outdoor Centre, 44 Biggar Road, Fairmilehead, Edinburgh, EH10 7BJT

Data Controller Contact Details: Ms Man Yuen Luk

 

The Purpose of processing Client Data

In order to give professional treatments, we will need to gather and retain potentially sensitive information about your health. We will only use this information for treatments and associated recommendations concerning aspects of health and wellbeing that are offered to you. We also collect basic contact details and information to allow us to contact you and handle bookings.

 

Lawful Basis for holding and using Client Information

The lawful basis under which we hold and use your information is: legitimate interests. As we, fully registered professionals, hold special category data (i.e. health related information), the Additional Condition under which we hold and use this information is: to fulfil our role as a health care practitioner bound under the professional confidentiality as defined in the Code of Practice and Ethics.

 

What information we hold and what we do with it

In order to give professional treatments, we will need to ask for and keep up-to-date information about your health. We will only use this for informing treatments and any advice we give as a result of your treatment. The information to be held is:

• Your personal details
• Your contact details
• Medical history and other health-related information taken during your assessment, and on subsequent consultations.
• Treatment details and related notes.
• We will also ask for information regarding any activities you undertake, your employment, and any medication you take.
• We will also record the findings of a physical examination.

We will NOT share your information with anyone else other than the Clinic, or as required for legal process, without explaining why it is necessary and getting your explicit consent. It may be helpful for your treatment for us to share your information with practitioners working with at the Clinic. This is so that we can work together as a team, but we will only do that with your agreement. The information to be shared with GP, consultant or Health Insurance company , if referred, would be your basic contact details and any relevant health information that would be relevant to them in order to treat you (If you prefer, you can go through this with them yourself rather than via shared information).

How we use this information
We use electronic records that are hosted by a third party (PowerDiary)
All information is kept electronically in a file that directly relates to your episode of care.Please see the PowerDiary privacy policy here https://www.powerdiary.com/uk/privacy-policy/
We use this information:

1. To provide a legal record of any treatment or advice we provide
2. To ensure continuity of care
3. To contact you in regard to your ongoing treatment including sending exercises by e-mail.
4. To contact you if new information or treatments become available that may be of benefit to you.
5. We may pass information with your permission to other medical professionals who may be involved in your care; this may include GPs, consultants, occupational health departments or other Health and Care Professions.
6. We may pass information with your permission to your private healthcare cover provider or insurance company, when relevant, if your treatment is part of a private healthcare plan or insurance claim.
7. We may pass information with your permission to lawyers upon your request, to inform a legal process or claim.
8. We may use your information for quality feedback purposes.
9. We may use your information for audit purposes.
10. We may pass your contact details and details of the time and date of your appointment to NHS Track & Trace during the coronvirus pandemic if requested.

We do not pass on your information for commercial purposes.
We take all reasonable steps to ensure that our information is kept up to date and rectified if necessary. It is also your responsibility to inform us if any personal information changes.

Below are the terms and conditions on which we, Marchmont Physiotherapy & Sports Injury Clinic, provide our services (the “Services”). The exact Services we will provide to you will depend on what we agree and what is the result of the Initial Consultation and Assessment (see below). Before you agree that we will provide Services to you and/or carry out the Initial Assessment, please read the terms and conditions. If you have questions concerning them please ask before entering into a contract with us.
Initial Consultation and Assessment
As part of the first consultation, we shall perform an initial assessment of your needs and requirements ( “Initial Assessment” ). An Initial Assessment consists of:

• your discussion of your needs with us;
• an evaluation of your needs;
• a full objective examination of your problem, which will involve following our reasonable instructions as set out below; and
• developing a programme of recommended action to address your needs and requirements.

A standard Initial Assessment takes approximately 45 minutes, (or 60 minutes if complex). Prior to your first appointment we ask you to arrive 5-10min early to fill in a consent and treatment form.
Result
Please note that after the Initial Assessment has been carried out, we may decide that we cannot provide any Services if, for example, treatment for the condition may not be suitable or appropriate.
Outcomes
It is not possible that any particular result or outcome can be guaranteed as a result of us providing the Services. Our aim is to provide the Services using reasonable skill and care. Some patients’ conditions may take longer than others to treat and we will regularly reassess the treatment plan.
Sessions
If we have not agreed the number of sessions to be provided, we shall provide sessions on a session-by-session basis. We will agree the date and time of the first session and any subsequent sessions by phone, in person, by e-mail or via booking using our online portal.
Your rights and responsibilities
Following our reasonable instructions
In order for us to provide proper treatment, we will give reasonable instructions which you should follow. This will include, for example, removing some items of clothing for many conditions to be treated.
Assignments
We may set you recommendations to be completed between sessions. You are not obliged to complete these recommendations; but if you do not complete them, your progress in achieving the desired outcomes may be slowed or incomplete. If you have any doubts about the instructions given by your Physiotherapist, please contact them for clarification e.g exercises.
Stopping a Session
We may stop a session at any time and not continue it if we consider that you are not following our reasonable instructions.
Costs of sessions and Fees
Our fees for each session are as confirmed by us to you and can be also found on our Website. We accept cash and debit/credit card payments. We will only take payment from that card for the session you have just completed. We don’t hold any of your payment details on our file. You are personally liable to pay all of our fees and any surcharges incurred, such as any cancellation fees.
If you are late for a session or if you or us cancel or rearrange a session if you are late
If you are late arriving at a session, the session will have begun at your allocated appointment time and continue until the time when it is scheduled to end. If you wish the session to overrun, and if our diary allows this and if we agree, then you may be charged at our discretion for the extra time we spend in providing the Services.
If you cancel or do not turn up for a session
If you have booked a session and you cancel with less than 24 hours’ notice or do not turn up for the session, then you are liable to pay the cost of that session. We don’t generally charge you if this happens for the first time and if you contact us to let us know.  We reserve the right to charge you the full outstanding amount of your session. If cancellations with less than 24 hours’ notice become a frequent occurrence, we may take a non-refundable deposit from you for any future appointments, or we may refuse to treat you.
If we cancel
On occasion, we may have to cancel a scheduled session. This may occur, for example, if a staff member is sick. If we have to cancel a scheduled session, we will book you another appointment as soon as reasonably possible. No charge will be made to you for the session cancelled by us.
Confidentiality
We shall treat all personal and business information supplied by you as confidential. We shall not disclose such information to any third party without your prior permission, except where required by law or where action might be necessary to protect you or someone else.
Data Protection
We are registered under the Data Protection Act 1998 and we shall treat all personal data in accordance with the requirements of that Act, as per our Privacy Policy.
Outcomes
We shall seek to enable you to achieve your desired outcomes. No outcome can be guaranteed, however, and you have sole responsibility for acting on any recommendations or advice we may give you. We have no liability for any loss incurred by you, whether financial or otherwise, following my provision of the Services, nor for any perceived failure by you, whether justified or otherwise, to achieve your desired outcomes or goals.
Liability and indemnity Limitation on our liability to you
Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount (and not exceeding the amount you pay in total for the Services), having regard to such factors as whether the damage was due to a negligent act or omission by the Clinic. Nothing in these conditions will limit our liability for death or personal injury caused by our negligence or the negligence or our employees, agents or subcontractors or fraud and fraudulent misrepresentation.
Limitation and exclusion of liability
We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, or for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Services. Except as set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract. This clause will survive the termination of the contract.
Indemnity
You agree that you will indemnify us against any and all loss or damage suffered, including any legal fees or costs, as a result of any breach of this agreement by you.
Variation
We reserve the right to change any of these terms or conditions, including our fees.
Early termination
In exceptional circumstances, such as illness or other commitments, inappropriate behaviour by you, refusal to be treated in a reasonable way, actual or potential conflict of interest, or other reasons, we may decide to terminate the Services early and or refuse or be unable to provide further sessions to you. In such circumstances, we shall give you reasonable notice of termination where practicable.
Severance
If a court or any other competent authority finds that any provision of this contract (or any part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted and the validity and enforceability of the other provisions of the contract will not be affected.
Events outside our control
We will not be liable to you as a result of any delay or failure to perform our obligations under this contract as a result of any event beyond our control including but not limited to, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, fire, flood or storm or breakdown of machinery.
Contacting each other
If you wish to send any notice or letter then you should send it to our principal place of business or if none is apparent, the venue where your treatment takes place. If we wish to send you a letter or notice, we shall use the address you have given in the Initial Assessment. Contracts (Rights of Third Parties) Act 1999 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Disputes and governing law
If you are unhappy with the Services our Clinic provides, we hope you will discuss any problems or issues with the practitioner who treated you first. If that does not resolve matters to your satisfaction, the matter will be referred to one of the practice directors who will handle the complaint. This agreement is governed and construed by Scots law and the parties submit to the jurisdiction of the courts of Scotland.
Individual Policies

• Privacy Policy & Terms/Conditions
• Acceptable Use Policy
• Terms of Website Use
• Therapist Agreement
• Social Media Policy v1
• Facebook Prize Terms
• Copyright Notice
• Content Disclaimer