When you use The Butterfly Practice Ltd you trust us with your information. This privacy policy is meant to help you understand what data we collect, why we collect it, and what we do with it. We have tried to make it as simple as possible but if you have any questions please contact us.

Julie Meehan, assumes the function of data controller and Data Protection Officer (DPO) and supervises the compliance with General Data Protection Regulation (GDPR) within the business.

1. Information we collect

2. Where we get our information

3. How we use the information we collect

4. Information we share

5. How and when consent is obtained

6. How we protect your data

7. Protecting your rights to data

8. Security of your personal data

1 Information we collect

The Butterfly Practice Ltd holds personal data as part of conducting a professional service. The data follows under the following headings: healthcare records, educational records, clinical records, general administrative records, and financial records.

1.1 Healthcare records

A healthcare record refers to all information collected, processed and held both in manual and electronic formats pertaining to the service user and their care. Psychological difficulties can be complex, and a wide range of information may be collected in order to best meet the needs of the client, and to maintain a high- quality service which meets best practice requirements. In order to provide a high-quality service, a range of information may be collected.

Examples of data collected and held on all current and active clients include the following:

· Name

· Date of birth

· Parent/guardian details, including contact number and e-mail address

· Description of family

· Educational placements.

· Pre- and post-natal history: This can include information relating to mother’s pregnancy, and child’s birth.

· Developmental data: developmental milestones, feeding history etc.

· Work related details (if client is an adult).

· Medical details: such as any relevant illnesses, medications, and relevant family history. Reports from other relevant allied health professionals such as: Speech and Language Therapy, Psychology, CAMHS (Child & Adolescent Mental Health Services), Occupational therapy, Physiotherapy.

1.2 Educational records

Relevant Individual Educational Plans (IEPs), progress notes from educational staff and school reports may be held.

1.3 Clinical records

Specific data in relation to psychological difficulties/presentations may be collected and held, such as assessment forms, reports, case notes, e-mails, text messages and transcripts of phone. Audio and video files may also be collected and stored.

1.4 General administrative records

The Butterfly Practice Ltd may hold information regarding attendance reports and accident report forms.

Should a prospective service user register their interest online for a specific event, their email address and name may be held, and they may be contacted regarding future relevant events.

1.5 Financial records

A financial record pertains to all financial information concerning the practice, e.g. invoices, receipts, information for Revenue. The Butterfly Practice Ltd may hold data in relation to: on-line purchasing history, card payments, receipts and invoices. Information will include name of bill payer, client name, address and record of invoices and payments made.

The Butterfly Practice Ltd does not record and keep Credit card information. Any data given is processed directly via the card payment processor’s own secure portal.

2 Where we get our information

Personal data will be provided by the client, or in the case of a child (under 16 years), their parent(s)/guardian(s). This information will be collected as part of a case history form prior to, or on the date of first contact, or via an online platform where a client has registered their interest in being contacted regarding events offered by The Butterfly Practice Ltd.

Information may also be provided directly from relevant third parties such as schools, medical professionals and allied health professionals, with prior consent from the parent(s)/guardian(s).

We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this.

We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.

After July 1st, 2023, Google will change their analytics function from Universal Analytics to Google Analytics 4 and this will affect the way that they collect data. As per Google, GA4 will collect the below features:

How they collect both website and app data to understand the customer journey better.
Uses events instead of session-based data.
Includes privacy controls such as cookieless measurement and behavioural and conversion modelling.
Predictive capabilities offer guidance without complex models.
Direct integrations to media platforms help drive actions.
IP anonymization is always enabled for GA4 properties & no manual action is required.
Google Analytics 4 uses IP only to determine where to record other personal data of users, and then it is deleted.

GA4 will no longer monitor sessions and pageviews but instead monitor events and parameters.

Events are divided by:

Automatically collected events:

The following parameters are collected by default with every event, including custom events:

language;
page location
page referrer
page title
screen resolution

Enhanced Measurement events – These events allow measuring interactions with the website’s content by enabling options (events) in the Google Analytics interface. These events include scrolls, outbound clicks, site search, and video engagement.

Recommended Events – These are events recommended by Google to help measure additional features and behaviour and generate more detailed reports.

Custom Events – Events and parameters that can be created and implemented based on website requirements.

How Long does GA4 retain data:

While for Universal Analytics user-level and event-level data properties could have an indefinite duration, user-level data can be retained for a maximum of 14 months for Google Analytics 4 properties.

For more information on how Google and GA4 collects your data please review the following link: https://policies.google.com/terms?hl=en-US

3 How we use the information that we collect

We use the information we collect to provide assessment and therapy as per the relevant professional guidelines, as well as to maintain the general running of the business, such as running our electronic booking system, keeping our accounts and updating you of any changes in policies or fees.

Information may also be used for research purposes, with the written consent of the client or parent/guardian.

We may also use clients’ contact details to contact them about upcoming events.

3.1 Data retention periods

The retention periods are the suggested time periods for which the records should be held based on the organisation’s needs, legal and/or fiscal precedence or historical purposes. Following the retention deadline, all data will be destroyed under confidential means.

3.2 Client Records

3.2.1 CLINICAL RECORDS

The Butterfly Practice Ltd keeps both physical and electronic records of clinical data in order to provide a service.

· The preferred format for clinical data is physical.

· In the case of adult clients, clinical data is deleted/confidentially destroyed after 7 years from last invoiced session. (Usually post discharge). In the case of a minor (under 18 years), clinical data is deleted/confidentially destroyed after 7 years from their reaching their 18th birthday.

· Clinical data used for research purposes, may be kept for longer than 7 years.

· Video records/ voice recordings relating to client care/videoconferencing records may be recorded with consent, analysed and then destroyed. If written consent is provided to use recordings for training purposes, the client will have the option to withdraw consent at any time.

3.2.2 FINANCIAL RECORDS

The Butterfly Practice Ltd keeps electronic/paper records of financial data from those who use our services.

Section 886 of the Direct Tax Acts states that the Revenue Commissioners require records to be retained for a minimum period of six years after the completion of the transactions, acts or operations to which they relate. These requirements apply to manual and electronic records equally.

· Financial Data is kept for 6 years to adhere to Revenue guidelines.

· Financial Data (including non-payment of bills) can be given to Revenue at Revenue’s request.

3.2.3 CONTACT DATA

Contact Data is kept for 7 years (from a minor’s 18th birthday) to allow processing of Financial Data if required. (This may be retained for longer for safety, legal request, or child protection reasons.)

3.3 Exceptions

If under investigation or if litigation is likely, or for clients who are under the care of Tusla, the Child and Family Agency, files must be held in original form indefinitely, otherwise files are held for the minimum periods set out above.

4 Information we share

We do not share personal information with companies, organisations and individuals outside The Butterfly Practice Ltd unless one of the following circumstances apply:

4.1 With your consent:

We will only share your Personal Identifying Information (PII) to third parties when we have express written permission by letter or email to do so. We require opt-in consent for the sharing of any sensitive information.

Third parties may include: hospitals, GPs, other allied health professionals, educational facilities.

4.2 For legal reasons:

We will share personal information with companies or organisations outside of The Butterfly Practice Ltd if disclosure of the information is reasonably necessary to:

§ Meet any applicable law, regulation, legal process or enforceable governmental request.

§ Meet the requirements of the Children First Act 2015.

§ To protect against harm to the rights, property or safely of The Butterfly Practice Ltd, our service users or the public as required or permitted by law.

4.3 To meet financial requirements:

The Butterfly Practice Ltd also is required to share financial data with John Byrne, TaxPlus Accountants in order to comply with local tax laws. The Butterfly Practice Ltd has a copy of John Byrne, TaxPlus Accountants’ own Data protection policy should we be required to provide copies of invoices or receipt books.

4.4 For processing by third parties/external processing

The following third parties are engaged for processing data:

Who: John Byrne, TaxPlus Accountants

Type of data: Financial

Purpose: Processing financial accounts

Who: PowerDiary

Type of data: Administrative: client name, phone number, email address

Purpose: On-line calendar and payment system

Who: SquareSpace

Type of Data: Administrative, name of client, address, phone number, payment details

Purpose: online booking and payment system for events

Who: Stripe

Type of Data: Administrative, name of client, address, phone number, payment details

Purpose: online booking and payment system for events

4.4.1 TRANSFER OF PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA):

In certain instances, personal data may be transferred outside the EEA, e.g. to the US or other countries. This would be for specific purposes such as web-based event platforms. In such instances, The Butterfly Practice Ltd will use third parties which meet the privacy standards of GDPR.

Companies which The Butterfly Practice Ltd uses are:

Name: Squarespace; PowerDiary

Type of Data: Administrative, Client name and address

Purpose: Event booking and registration to be notified of upcoming events held by The Butterfly Practice Ltd

5 How and when we obtain consent

Prior to initial assessment or consultation, a copy of the data protection policy will be provided to clients along with a client contract. A consent form will need to be signed by the client prior to commencing the service. Copies of the signed consent forms will be given to both parties.

A consent form may also be attached to any digital bookings via our on-line booking system. Users will be directed to read the privacy statement and tick to agree to the terms. Service cannot be initiated without ticked consent to our set privacy policy.

Should a client wish to withdraw their consent for data to be processed, they can do so by contacting The Butterfly Practice Ltd through: hello@butterflypractice.com

6 How we protect your data

In accordance with the General Data Protection Regulation (GDPR), we will endeavour to protect your personal data in a number of ways:

6.1 By limiting the data that we collect in the first instance

All data collected by us will be collected solely for the purposes set out at 1 above and will be collected for specified, explicit and legitimate purposes. The data will not be processed any further in a manner that is incompatible with those purposes save in the special circumstances referred to in section 5.1. Furthermore, all data collected by us will be adequate, relevant and limited to what is necessary in relation to the purposes for which it is collected which include, the assessment, diagnosis and treatment of psychological difficulties.

6.2 By transmitting the data in certain specified circumstances only

Data will only be shared and transmitted, be it on paper, electronically or via phone, only as is required, and as set out in section 3.

6.3 By keeping only the data that is required

When it is required and by limiting its accessibility to any other third parties.

6.4 By disposing of/destroying the data once the individual has ceased receiving treatment

Within 7 years (or in the case of a minor, 7 years following their 18th birthday) of the completion of this treatment apart from the special categories of personal data as set out at 1.1 above. Where data is required to be held by us for longer than this specified period, we will put in place appropriate technical and organisational measures to ensure a level of security appropriate to the risk. These may include measures such as the encryption of electronic devices, pseudonymisation of personal data, and/or safe and secure storage facilities for paper/electronic records.

6.5 By retaining the data for only as long as is required

Which in this case is 7 years (or in the case of a minor, 7 years following their turning 18 years old) except for circumstances in which retention of data is required in circumstances set out at part 1.1 above or in certain specific circumstances as set out at Article 23(1) of the GDPR.

6.6 By destroying the data securely and confidentially after the period of retention has elapsed.

This could include the use of confidential shredding facilities or, if requested by the individual, the return of personal records to the individual.

6.7 By ensuring that any personal data collected and retained is both accurate and up-to-date.

All case notes will be dated and signed. Where edits are made, these will also be dated and signed.

7 Protecting your Rights to Data

7.1 Adult clients

Adults have the right to request data held on them as per article 15 of GDPR. A request must be made in writing. Further information regarding accessing your personal data is available in the document ‘Rights of Individuals under the General Data Protection Regulation’, downloadable from: www.gdprandyou.ie

7.2 Children

For children under the age of 16, data access requests are made by their guardians. When a child turns 16, then they may make a request for their personal data. However, this is subject to adherence with the Children First Act.

8 Security

The Butterfly Practice Ltd, as with most providers of healthcare services is aware of the need for privacy. As such, we aim to practice privacy by design as a default approach, and only obtain and retain the information needed to provide you with the best possible service.

All persons working in, and with The Butterfly Practice Ltd in a professional capacity are briefed on the proper management, storage and safekeeping of data.

All data used by The Butterfly Practice Ltd, including personal data may be retained in any of the following formats:

1. Electronic Data

2. Physical Files

The type of format for storing the data is decided based on the format the data exists in.

Where applicable, The Butterfly Practice Ltd may convert physical files to electronic records to allow us to provide a better service to clients.

8.1 Data Security

The Butterfly Practice Ltd understands that the personal data used in order to provide a service belongs to the individuals involved. The following outlines the steps which The Butterfly Practice Ltd uses to ensure that the data is kept safe.

8.1.1 ELECTRONIC DATA

All electronic data is contained in the following systems:

PowerDiary

This system is physically located in Australia

This system provider is aware of their requirements for GDPR compliance.

Dropbox
- This system is physically located in the United States of America.