TMM – Privacy Policy

Touch Medical Media Services Limited (collectively referred to as “Touch Medical Media”, “we”, “us” or “our” in this privacy policy) respects your privacy and is committed to protecting your personal data.

We are a data controller and responsible for your personal data. We are registered with the Information Commissioner’s Office (registration number ZA322566).

As a group of companies, we also hold the following ICO registrations: Touch Independent Medical Education Ltd (ZA853614), Touch Medical Communications Ltd (ZA853634) and Touch Medical Media Services Ltd (ZA853638).

This privacy notice explains how we use any personal data that we collect about you. It also tells you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through the information and find what’s most important to you.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS

1. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy notice

This privacy notice provides information on how we collect and process your personal data, including any data you may provide through our websites. Our websites, products and services are not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice  we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Processing your information in accordance with the law means:

• Being fair and transparent with you.
• Clearly identifying our purpose for processing your information and checking any additional purpose is compatible with data protection legislation. We document these purposes and periodically review these purposes.
• Making sure that the information we process is adequate, relevant and limited to what is necessary for the purpose of processing your information.
• We take all reasonable steps to make sure the information we hold, and process is accurate and where information is incorrect take remedial action to correct this.
• We do not keep information for longer than is required, we identify personal information we no longer need and erase or anonymise information where appropriate.
• Ensuring that we have appropriate technical security measures in place to maintain the integrity and confidentiality of your information.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We collect and process your data for different reasons in different circumstances, but we’ll only collect and process your data where we have a legal basis for doing so. Our purposes and legal basis for using each type of data are set out below.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, birth month and year, username or similar identifier, job title, speciality, professional registration number, and your organisation.
• Contact Data includes your email address, telephone numbers and mailing address.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Event data
• Your engagement with us

We also collect, use and share Aggregated Data, such as statistical or demographic data, for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

Special Categories of Personal Data

Some categories of personal information are regarded by the law as more sensitive than others. This is known as ‘special category’ or ‘sensitive personal data’ and covers things like information about your health, ethnic origin, religious beliefs, political opinions or any genetic or biometric data that is used to identify you.

We do not routinely process sensitive personal data, but there may be occasions when you share this with us e.g. to provide reasonable adjustments, or dietary requirements. We do not collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

Data we Process about your business or professional role

Sometimes we will process information about you, and sometimes we process information about your business. As an organisation supporting business, it’s important for us to clarify where business and personal data differ.

The UK’s Information Commissioner’s Office (ICO) has some useful guidance that will help to explain this which can be found here: The ICO explain that; “Information concerning a ‘legal’ rather than a ‘natural’ person is not personal data. Consequently, information about a limited company or another legal entity, which might have a legal personality separate to its owners or directors, does not constitute personal data and does not fall within the scope of the UK GDPR. Similarly, information about a public authority is not personal data. However, the UK GDPR does apply to personal data relating to individuals acting as sole traders, employees, partners, and company directors wherever they are individually identifiable, and the information relates to them as an individual rather than as the representative of a legal person. A name and a corporate email address clearly relates to a particular individual and is therefore personal data. However, the content of any email using those details will not automatically be personal data unless it includes information which reveals something about that individual, or has an impact on them.

Should you have any questions about whether the data we are processing about you or your business constitutes personal or business data, then please do not hesitate to contact us.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Profile Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our products or services;
  • complete a CME test relating to our educational activities;
  • create an account on our website;
  • subscribe to our eNewsletters or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us some feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from analytics providers and search information providers, such as Google.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly availably sources such as LinkedIn or Companies House.

4. HOW WE USE YOUR PERSONAL DATA

Under the UK General Data Protection Regulation (UK GDPR), the lawful bases we rely on for our processing of this information are:

• Your consent. Where consent has been given, you are able to remove your consent at any time. You can do this by contacting us.
• We have a contractual obligation. For example, where the processing is necessary for the performance of a contract to which you are a party, or to take steps prior to entering into a contract with you.
• We have a legal obligation. For example, where processing is necessary in order for us to meet our requirements under the company and finance legislation, or to provide information to law enforcement organisations or the Courts.
• We have a legitimate interest. For example, where it is necessary for the purposes of our legitimate interests, except where our interests are overridden by the interests, rights or freedoms of affected individuals (such as you).

To determine this, we shall consider several factors such as, what you were told at the time you provided your data, what your expectations are about the processing of your personal data, the nature of the personal data, and the impact of the processing on you.

When we process your personal information in this way, we also consider and balance any potential impact on you (both positive and negative), and your rights under data protection laws. We will not use your information for activities where our interests are overridden by the impact on you, for example where collection and use of your information would be excessively intrusive (unless, for instance, we are otherwise required or permitted to by law). Examples of processing based on legitimate interest grounds are:

• To measure and understand how our services are used. For example, generating analytics on the demographics of our customers and services to ensure our events and programmes meet the needs of our customers.

To determine this, we shall consider several factors, such as what you were told at the time you provided your data, what your expectations are about the processing of your personal data, the nature of the personal data, and the impact of the processing on you.

For sensitive personal data, also known as special category data, the lawful bases we rely on for this processing includes:

• Explicit consent

Or on rarer occasions:

• Where we need to protect your vital interests (or someone else’s interests); and/or

Where it is needed in the public interest or for official purposes

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You may opt out of marketing and advertising communications by contacting us or following the unsubscribe instructions or link on the relevant communication.

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and services may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased/received products or services from us or if you provided us with your details when you entered a competition/promotion/survey and, in each case, you have not opted out of receiving that marketing.

You may also receive marketing from us if we can demonstrate that we have a legitimate interest in sending marketing material to you

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time or by following the unsubscribe instructions or link on the relevant communication.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a providing a product/service, product/service experience or other transactions

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

Where necessary and in accordance with data protection legislation we share information internally within our Touch Medical group of companies, and with third parties as required and where we have a legal basis to do so.

We share information where there is a legal, regulatory or professional obligation to disclose your personal information, in order to apply the relevant rules and/or to protect the rights or safety of our customers, supplier and employees past and present.

We may also be required to share information with Statutory and Regulatory authorities, law enforcement agencies and courts, or in the event of a transfer of all or a part of our organisation.

Sometimes we might share your data with third parties. This could include:

• Engaging third-party service providers to perform a variety of business operations or administration on our behalf. For example, service providers we use for specific purposes, such as for our IT systems. .
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide survey administration and website analysis services, consultancy, banking, legal, insurance and accounting services.
• Professional institutes who by the nature of the services we offer need your details to allow us to offer the services and maintain our accreditations such as USF Health.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
• If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, or to protect the rights, property, or safety of our company, our client, employees, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

THIRD PARTY PROCESSORS

For our general day-to-day data processing activities, we use third party organisations or systems to help us administer, deliver and monitor the services we provide:

• For the provision of IT and software services (e.g. Google who provide our office software) to enable the management of our office administration
• For financial transactions and accounting
• To help us improve our organisation
• For the administration of our website and online platforms
• For any legal and regulatory guidance regarding the provision of our services

Access to your personal information is only allowed when required by the law or is required as part of fulfilling our service obligations.  We do not, and will never, sell your personal information to other third parties.

Our carefully selected partners and service providers may process personal information about you on our behalf as described below:

Digital Marketing Service Providers

We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information. Our appointed data processors include:

1. Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io. Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io.

Integrations with other services

Using your social media details to sign into your Touch Medical Media account

When you sign into our sites or apps using your social media login details, you give permission to the social media sites to share with us your email address and certain aspects of your profile if you have made these public on your profile.

We will then use this personal data to form a profile for your TMM account. If you remove the TMM Websites from your social media settings we will no longer have access to this data. However, we will still have the personal data that we received when you first set up your TMM account using your social media ID. Below are listed the social media sites which can be used to log in to your TMM account and the data which we receive from them.

Facebook

When you sign into our sites or apps using your Facebook login details, this application will be able to:

• See Your name and profile picture and email address.
• This only includes your first and last name, age range, link to your Facebook profile and profile picture. We do not have access to updates on your Facebook profile.

X

When you sign into our sites or apps using your X login details, this application will be able to:

• See posts from your timeline (including protected posts) as well as your Lists and collections.
• See your X profile information and account settings.
• See accounts you follow, mute, and block.
• See your email address.

LinkedIn

When you sign into our sites or apps using your Linked In login details, this application will be able to:

• Use your name and photo
• Use the primary email address associated with your LinkedIn account

Google

When you sign into our sites or apps using your Google login details, this application will be able to:

• See will share your name, email address, language preference and profile picture

Amazon

When you sign into our sites or apps using your Google login details, this application will be able to:

• See your First name and Last Name
• See your Email address

Microsoft

When you sign into our sites or apps using your Google login details, this application will be able to:

See your profile info, including your name, gender, display picture, contacts, and friends and access your email addresses.

You can stop the sync of data in your social media account settings and you can ask us to delete your data (see Your Legal Rights below for further information).

If you wish to exercise any of the rights set out above, please contact us.

6. INTERNATIONAL TRANSFERS

Where we have partners and service providers based outside of the UK (e.g. Microsoft for our IT Services), your personal data may be accessed or otherwise processed in other countries. We have implemented measures and safeguards to ensure that any transfer of data is compliant with the UK data protection laws. For example, we ensure that Standard Contractual Clauses or International Data Transfer Agreements that are approved by the Information Commissioners Office (ICO), the UK Government and/or European Commission are in place. We carry out a detailed assessment to ensure the companies receiving your data can comply with these clauses. Please contact us if you wish to know more.

There are also some occasions when you may be based outside the UK. Where this is the case, as we are a UK organisation, you will be sharing your personal information with us here in the UK.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data (see Your Legal Rights below for further information).

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights may include the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data in certain circumstances. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. Where we refuse a request, we will explain our reasons for the refusal and remind you of your right to complain.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

We have appointed a Data Privacy Manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our Data Privacy Manager using the details set out below.

Email: hello@touchmedicalmedia.com

Post: Touch Medical Media Services, 3 Stockport Exchange, Stockport, Cheshire, United Kingdom, SK1 3GG.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

We reserve the right to update this privacy notice at any time and will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information. This version was last updated on January 2024 and historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

¹Accreditation Council for Continuing Medical Education (ACCME), American Nurses Credentialing Centre (ANCC), and the Accreditation Council for Pharmacy Education (ACPE)