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 contact details
- Medical history and other health-related information taken during your assessment, and on subsequent consultations.
- Treatment details and related notes.
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 long we retain your information for
The Clinic will process personal data during the duration of any treatment and will continue to store only the personal data needed for eight years after your last treatment to meet any legal obligations. After eight years all personal data will be deleted, unless basic information needs to be retained by us to meet our future obligations to you, such as erasure details. Records concerning minors who have received treatment will be retained until the child has reached the age of 25. This applies if you are pregnant at the time of attendance. Your data will not be transferred outside of the EU without your consent.
Protecting Your Personal Data
We are committed to ensuring that your personal data is secure. In order to prevent unauthorised access or disclosure, we have put in place appropriate technical, physical and managerial procedures to safeguard and secure the information we collect from you.
We will contact you using the contact preferences you give us in relation to:
- Appointment times
- Treatment information or information related to your health
- Special offers and promotions, if subscribed to our mailing list (you may unsubscribe at any time)
GDPR gives you the following rights:
- The right to be informed: To know how your information will be held and used (this notice).
- The right of access: To see your therapist’s records of your personal information, so you know what is held about you and can verify it.
- The right to rectification: To tell your therapist to make changes to your personal information if it is incorrect or incomplete.
- The right to erasure (also called “the right to be forgotten”): For you to request your therapist to erase any specific information they hold about you.
- The right to restrict processing of personal data: You have the right to request limits on how your therapist uses your personal information.
- The right to data portability: under certain circumstances you can request a copy of personal information held electronically so you can reuse it in other systems.
- The right to object: To be able to tell your therapist you don’t want them to use certain parts of your information, or only to use it for certain purposes.
- Rights in relation to automated decision-making and profiling.
- The right to lodge a complaint with the Information Commissioner’s Office: To be able to complain to the ICO if you feel your details are not correct, if they are not being used in a way that you have given permission for, or if they are being stored when they don’t have to be.
Full details of your rights can be found at HERE.
If you wish to exercise any of these rights, please use the contact details given above. If you are dissatisfied with the response from the Clinic you can complain to the Information Commissioner's Office. Their contact details are at: www.ico.org.uk
- If you don’t agree to your therapist/practitioner keeping records of information about you and your treatments, or if you don’t allow them to use the information in the way they need to for treatments, the therapist may not be able to treat you.
- Your therapist has to keep your records of treatment for a certain period, as described above, which may mean that even if you ask them to erase any details about you, they might have to keep these details until after that period has passed .
- Your therapist can move their records between their computers and IT systems, as long as your details are protected from being seen by others without your permission.
By booking via our online booking system you hereby agree that you have seen and read this document and understand that we will hold and use your personal information, using it in order to provide you with the best possible treatment options and advice in line with the statements above. You agree to us holding and using your information as outlined above, and understand that you may withdraw that consent at any time by emailing us via our website. You agree to us sharing your personal information (if deemed necessary) with: Therapists practising at the Clinic (with your agreement at the time) for the purpose(s) and benefit(s) described above.
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.
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.
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.
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.
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.
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.
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.
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.
We reserve the right to change any of these terms or conditions, including our fees.
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.
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.