LIVESMART UK LTD MEMBER TERMS
Information about LiveSmart
These LiveSmart Member Terms govern your order of the services we make available from www.getlivesmart.com (the “Site”), a website operated by LiveSmart U.K. Limited (“we”/“us”/ “our”). Our registered office address is: 58-64 City Road, London, EC1Y 2AL, UK.
Please read the following important terms and conditions before you sign up to the LiveSmart service and confirm that they contain everything that you want and are willing to agree to.
If you do not agree to anything within these Member terms, our Privacy Policy or our Website User Terms, please refrain from accessing or using the LiveSmart services.
How to Contact Us
You may contact us between the hours of 9:00am to 5:00pm on Monday to Friday by any the following methods:
Email: info@getlivesmart.com
Phone Number: 0330 808 0942
Post: LiveSmart UK Ltd, Att: Operations, 58-64 City Road, London EC1Y 2AL
Information about these Member Terms
These LiveSmart Member Terms supercede the LiveSmart Website Terms but not our Privacy Policy.
These Member Terms together with our Privacy Policy and Website Terms form a legal contract between you, the ‘Member’ and Us and apply between You and Us in relation to any use which you make of the Site.
You confirm that you request immediate performance of the Services contract and acknowledge that you will lose your right of withdrawal from the contract once the Services contract is fully performed.
We may revise these LiveSmart Member Terms from time to time in order to reflect (i) any changes in relevant laws or regulatory requirements (ii) any changes to the Site and/or the Services that are necessary to make as a result of changes to the way we receive services from our third party suppliers or (iii) any modified or additional Services we make available and which you agree to receive or (iv) any existing services we may cease to make available.
If we have to revise these LiveSmart Member Terms we will give you at least 7 days notice of any changes to these LiveSmart Member Terms before they take effect. You can choose to
cancel the Services contract by notifying us by email to info@getlivesmart.com if such changes materially disadvantage you.
Geographical Restrictions
LiveSmart’s Services available through the Site, are not available in locations outside the United Kingdom.
Becoming a Member
When you register for the LiveSmart service, you will be required to complete an online form and accept our Member Terms of Use, Website User Terms and Privacy Policy.
Once you have registered, you will receive an order confirmation email from us which will confirm your order and a welcome email from us which will confirm the process and your collection method. This email will also prompt you to login to your online account and complete your health profile.
As part of you becoming a Member you will provide us with certain personal information when prompted to do so, in order to enable your account to be created. We will use that information in accordance with our Privacy Policy.
Information about the Services Health Assessment
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The LiveSmart Health Assessment includes an online health survey and blood testing.
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We conduct our blood testing and phlebotomy services using external third party services. These third parties are identified in our Privacy Policy.
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Our Services, including the blood tests, are not a diagnosis tool. Your Account dashboard will provide a graphical representation of any outcomes obtained and enable you to access recommendations made. If a Member’s test results indicate to our doctor that further investigation is required the Member will be guided to his/her general practitioner or existing healthcare provider(s). Further, due to the volatile nature of blood, blood results may sometimes need to be repeated. Our Services do not replace a Member’s existing healthcare provider(s) but can be used as a supplement to them.
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As a Member, and provided you remain a Member, you will be enabled via your account and its personal profile dashboard (“Account”) to engage with our online service and undertake a single general health assessment based on the health details you provide and your supply of a blood sample for testing, and to receive guidance from our doctor based on the results of the health assessment provided (“Services”) which will be presented to you via your Account dashboard. Our aim is to help a Member be more proactive about his/her health by helping him/her to identify potential health risks. Our blood tests and guidance for Members are intended to promote our Members making small proactive changes in their lives to help them minimise future risk.
Blood Testing Process
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There are 3 collection methods to have your blood taken. These are a home kit, clinic visit and nurse visit.
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Unless you pursue a clinic visit or a home or office visit as your chosen route to providing your blood sample, we will post the LiveSmart home kit to you on the next working day after we have accepted your order. This home kit is for you to collect your own blood sample in accordance with the blood collection protocols provided, and contains instructions as to how to submit your blood sample along with a request form. Complete your personal details on the form provided entitled “request form” – and also on the
blood sample(s). Blood samples that are not fully and correctly labelled cannot be processed.
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The validity of the home kit will expire after 30 days, so you are required to collect and post your blood sample well within that period. You acknowledge that test outcomes depend on the quality of the blood sample provided by you so you agree to adhere to the blood collection protocols provided. If you do not follow these protocols a defective or partial test result may occur. You may, at our discretion, be given the opportunity of retesting if a partial result is reported by the applicable laboratory, and similarly if your blood sample was clotted.
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Blood samples may fail in the instance that the blood clots before reaching the lab. This may be either a complete failure or a partial failure, where a couple of tests cannot be processed. It is our policy to process your report if 2 or less tests fail. Where there are more than 2 test failures from the first blood sample, you will be advised and asked if you would like to complete a second test at your own cost.
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If you choose to have a nurse or clinic visit, please note that if you cancel or change your appointment 48 hours or less prior to your appointment time, your booking fee will be
non-refundable and non-transferable, and you may be liable for cancellation charges. In order to rebook your appointment, you will be required to pay a new fee to LiveSmart in order to rebook your nurse or clinic visit.
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We anticipate that the results of the blood sample analysis will be available within 5-10 working days from the date received by the applicable laboratory depending on the assessment type, following which we will notify you by email that your Account dashboard has been updated accordingly.
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You acknowledge and agree that we bear no responsibility of any kind if you choose to have your blood collected in a manner not specified within your LiveSmart order. For example: If you purchase a home kit, and later decide to have your GP take your blood venously - this is at your own risk and no kit to do so will be provided by LiveSmart.
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You acknowledge and agree that we bear no responsibility of any kind for your derivation or extraction of information from your Account (and/or our Site and/or our Services) nor for any dissemination of that information once shared by you anywhere outside of your Account or elsewhere. You acknowledge and agree that you remain responsible at all times for your use of such information and we are without obligations on your behalf in respect of it.
Your Online Account
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When you set up an Account, you are required to enter your name, email address, password (“Password”) and certain other information collected by us. We will send you an email link to enable your Account set-up.
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You represent and warrant to us that you are at least 18 years old.
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You are solely responsible for maintaining the confidentiality of your Account Information and you are fully responsible for all activities that occur under your Password or Account. You agree to immediately notify us upon your becoming aware of any unauthorised use of your Account Information or any other breach of security. You remain at all times
solely responsible for any and all use of your Account, whether by you or by any other person obtaining access via your Account or using your Password.
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Without limiting any rights which we may otherwise have, we reserve the right to take any and all action which we consider necessary or reasonable regarding the security of the Site and your Account, which may be for example, terminating your Account, changing your Password, or requesting additional information to authorise transactions on your Account. Notwithstanding these rights, we may rely on the authority of anyone accessing your Account or using your Password and in no event and under no circumstances will we be liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction under this provision, (ii) any compromise of the confidentiality of your Account or Password, and (iii) any unauthorised access to your Account or use of your Password. You may not use anyone else's Account at any time.
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You warrant that all information you provide to us is true, accurate, complete and current at the time you provide it to us; and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any part thereof).
Health Coaching
Health Coaching is provided by our registered Dietitians as part of our Health Improvement Programmes. Health Coaching is a process that facilitates healthy, sustainable behaviour change by challenging a client to listen to their inner wisdom, identify their values, and transform their goals into action. Advice and guidance provided to you by our registered Dietitians is aligned with current research and medical knowledge. It is your choice to take action on any advice or guidance provided by our team. Notes regarding your health coaching call with corresponding actions for your health plan will be kept as part of any coaching you undertake and we will store these notes within your secure online account.
Submitting orders and Formation of contract
If you place an order through our site www.getlivesmart.com you will be required to make payment or provide a promotional code.
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We will let you know the charges for the Products and Services before you place an order with us.
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Payment is required up front and you will not be able to receive the Products or Services until we receive payment in full.
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Payment may be made by debit/credit card.
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If you use the Site and/or Services to request further blood analysis re-tests, each such request constitutes a further order which we will notify as being accepted by us in accordance with these LiveSmart Member Terms. You acknowledge that our Services will thus allow you to track your progress over time.
Cancellation
Your rights to cancel the products or services:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that in most cases, you can cancel within 14 days. If you agree that a service will start within this time, you may be charged for what you have used.
The Consumer Rights Act 2015 states:
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You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we can’t fix it
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If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable
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If a time hasn’t been agreed upfront, any service we provide must be carried out within a reasonable time
For more detailed information on your key rights, please contact Citizens Advice www.citizensadvice.org.uk
How to cancel your products or services
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You may delete your Account and end your ongoing Member registration at any time, for any reason by sending an email to info@getLiveSmart.com
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You will have no right to cancel the Services contract if you have submitted your blood sample for testing and we have made available your Health Assessment results via your Account dashboard within 14 days of the day after we have accepted your request to order the Health Assessment (by emailing you accordingly), and we have therefore fully performed the Services contract as it relates to your first Health Assessment order. This provision will apply in similar manner to each subsequent re-test that you request and order we accept.
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If you cancel your order by emailing us at info@getlivesmart.com with your written confirmation of cancellation within 14 days of the day after we have accepted your request to order the Health Assessment (by emailing you accordingly), and the blood sample you have submitted has been received by the testing laboratory such that we are notified of the results, we will refund you 50% of the charge in respect of Services
provided for you up until that time within 14 days from when we receive your cancellation. This provision will apply in similar manner to each subsequent re-test/further Health Assessment that you request and order we accept.
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If (i) you cancel the Services contract by emailing us at info@getlivesmart.com with your written confirmation of cancellation within 14 days of the day after we have accepted your request to order the Health Assessment (by emailing you accordingly), and (ii) you have not submitted your blood sample for testing in accordance with the request form (or provided your blood sample through attendance at a clinic or personal attendance on you), we will refund the charge less 15% to cover the cost of the home kit (which should be disposed of) and carriage within 14 days from when we receive your cancellation. This provision will apply in similar manner to each subsequent re-test/further Health Assessment that you request and order we accept.
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Apart from your cancellation rights above, if you inform us that the home kit received is damaged or defective, we shall send you a replacement, or, at our sole discretion, refund you the charge. This provision will apply in a similar manner to each subsequent re-test Health Assessment that you request and order we accept.
Our rights to cancel the products or services
Complaints and Disputes
If you are unhappy with the services, our service to you generally or any other matter, you may do so by emailing us at info@getlivesmart.com.
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We will try to resolve any disputes with you quickly and efficiently.
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If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you and give you certain information required by law about the consumer ombudsman.
In the event of receiving a complaint, our process is to attempt to resolve the complaint directly with you. If we are unable to reach a resolution, we will escalate this to the relevant manager to investigate the issue further and discuss a resolution with you.
Your Acknowledgments
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By placing your order, you warrant and represent to us that you are aware of the potential impacts and risks of taking your own blood sample, of blood analysis, and that you are proceeding on the basis that you accept full responsibility for any outcomes or consequences that may arise from these.
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Although we make reasonable efforts to ensure that any information, including test results obtained and displayed by us within your Account dashboard are correct, we make no representations or promises of any kind in respect of the timeliness, accuracy or completeness of any of that information. You acknowledge that you are unable to rely on the content or information displayed in your Account dashboard (based on the results of the blood test and Health Assessment we provide as Services to you) alone to base your decisions about any personal and/or medical issues.
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You acknowledge and agree that our Services are not a substitute for actual medical diagnosis, consultation with a doctor, any doctors’ recommendations, nor the advice and/or treatment to be derived from official health institutions regarding any aspect of your health, medicines, nutrition, lifestyle, treatment methods or related services. Our Services are intended to be used for information purposes only and for drawing attention to the importance of prevention for a longer and healthier life.
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We recommend that you always consult an appropriate healthcare professional for advice on your specific circumstances and situation.
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You acknowledge and agree that in rare cases, viable blood samples cannot always be taken from the blood sample actually provided. Any final report/analysis will be deemed successfully completed if up to 14 specific analyses are absent, in which event no further tests will be carried out.
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If you have any questions about the Services or results displayed via your Account dashboard, please email info@getlivesmart.com and we will arrange a consultation with our expert team. Our Services do not include any telephone or in-person consultation with a doctor, however you may request this independently by sending us an email to info@getlivesmart.com.
Limitation of Liability
Due to the inherent nature of the internet, errors, interruptions and delays may occur at any time with your use of LiveSmart. Accordingly, we cannot be held liable for any such errors, interruptions or delays.
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Nothing in these LiveSmart Member Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
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If we fail to comply with these LiveSmart Member Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these LiveSmart Member Terms or our negligence (but we are not responsible for any loss or damage that is not foreseeable). Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this Member contract.
You agree not to use our Site and any Services provided for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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We take every care to ensure the services and suppliers we use are of good standing and are registered and accredited with the relevant governing bodies. You may be required to accept our supplier’s terms and condition when booking appointments for clinic or nurse visits.
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We will not be liable for any loss or damage caused by a virus, distributed
denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
Changes to or Removal of Member Information
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Unless you have given us consent, we do not verify, modify or otherwise alter any of your Member Information. We may at any time however correct any errors or modify any non-material information.
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You may be allowed to update certain details of your Account-related information through your Account Dashboard (and you should in any event keep it updated at all times). If you are not able to update any information, you should request a modification by email directly to info@getlivesmart.com.
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You may request deletion of your Member Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).
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When we delete Member Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymised Data about your use of our Service.
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We employ reasonable technical, organisational and physical security methods to help protect against unauthorised access to Member Information; However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that LiveSmart makes no warranty, guarantee, or representation that use of any part of our Site is protected from viruses, security threats or other vulnerabilities.
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Please report any breach of security of which you may become aware by email to info@getlivesmart.com.
Law and Jurisdiction
If you are a consumer, please note that these Member Terms, its subject matter and its formation, are governed by English law. You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern
Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Updates
We may update our Member Terms from time to time. We will notify You of the changes where required by law to do so.
Breaches
Please report any breaches of these LiveSmart Member Terms to info@getLiveSmart.com.
Contact
You may contact Us in writing by emailing us at info@getlivesmart.com.
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LiveSmart UK Ltd Privacy Policy
INTRODUCTION
LiveSmart UK Ltd (“LiveSmart” or “we” or “us”) is committed to protecting and respecting your privacy in line with current legislation. This privacy policy is relevant to anyone who is using the LiveSmart service. It tells you what personal data is collected and what we do with that personal data.
The LiveSmart service uses your Health data (a combination of Personal Data and Sensitive Personal Data) collected manually from you and from any personal health tracking devices or mobile applications that you have linked to your account, for example the Apple Health app on your iPhone, in order to fulfill the LiveSmart service you have purchased. A full description of the LiveSmart service can be found in the Terms of Service on our website.
Please note that any health tracking devices or health apps that you integrate with the LiveSmart service are subject to their own terms and privacy policy and LiveSmart is not in any way affiliated with third party health tracking devices or health apps. You are under no obligation to use any devices and/or download any apps in order to use the LiveSmart service.
ABOUT LIVESMART
LiveSmart UK Ltd is a registered company in the United Kingdom (Company No. 09960434; Registered Office Address 58-64 City Road, London EC1Y 2AL)
LiveSmart UK Ltd is registered with the ICO under registration number ZA230127
SECTION 1: DEFINITIONS
In the provision of the LiveSmart service, both Personal Data and Sensitive Personal Data will be collected and used.
Personal Data means data which relates to a living individual who can be identified from the data or from the data and any other information which is in the possession of, or likely to come into the possession of, the data controller.
Sensitive Personal Data means personal data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation. This definition of sensitive personal data is consistent with the special categories of data defined in Article 9 of the General Data Protection Regulation (GDPR).
Member means an individual who has signed up to the LiveSmart service and accepted the LiveSmart Member terms (of use).
We will also refer to the Data Protection Officer (DPO) and the Data Controller.
The GDPR [and Data Protection Act 2018 (DPA)], which became law in the UK in May 2018, requires LiveSmart to appoint a DPO as we carry out large scale systematic monitoring of individuals and carry out large scale processing of special categories of data. The purpose of the DPO is to inform and advise LiveSmart and our employees about obligations to comply with the GDPR and other data protection laws; to monitor compliance with GDPR and data protection laws; and to be the first point of contact for supervisory authorities and for individuals whose data is processed.
The Data Controller is a person who determines the purposes for which and the manner in which any personal data are or are to be processed.
The Data Processor means any person who processes the data on behalf of the Data Controller.
SECTION 2: WHAT DATA WE USE
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Data Category
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Purpose of Data
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Type of Data
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Personal Data
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We collect Personal Data at the point of contacting us via email, subscribing to any of our email lists, submitting a ‘contact’ form or purchasing the product/service.
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Name, Age, Phone Number, Address, Email
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Sensitive Personal Data
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We collect Sensitive Personal Data after you have purchased the product as part of fulfilling the product/service.
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Ethnicity; Physical/mental health information; Biometric information; Passport; ID; Gender; Family or Marital status; Medical history; Pathology results; Bank Account/Card Details
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Cookies
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Cookies (small text files placed on your computer while using our site) may be used to assist with improving your site experience and to safeguard your privacy whilst browsing our site. For more information visit www.allaboutcookies.org
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Strictly necessary cookies; Performance cookies; Functionality cookies; Targeting/Advertising cookies
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Browser Event Data
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Browser event data is collected during your visit to our website. This information is collected and processed to provide insights into user behaviour in order for us to continually improve our service.
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Device IP address; Device screen resolution; Device type; Country location; Preferred language; Mouse events; Keypresses; Log data
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Web Beacons
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Webpages and HTML emails may also contain a small snippet of code called a web beacon. In their simplest form, web beacons allow a website to transfer or collect information through a graphic image request. LiveSmart may use web beacons as part of the site, but only for fraud detection.
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SECTION 3: WHO WE SHARE YOUR DATA WITH AND WHY
The LiveSmart service is run by us with our third party service providers to provide the overall service. These companies will, as necessary, process your data in order for us to fulfill the LiveSmart service you purchase.
The following parties are Data Controllers:
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LiveSmart UK Ltd
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Provides the overall service; Coordinates with and provides policy to Third Party Suppliers to fulfill the service.
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AXA PPP
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For Members using the LiveSmart service through Active+, AXA PPP become a data controller for those purchases.
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The following Third Party Suppliers are Data Processors and this table reflects their requirements to fulfill our service and the data we share with them in order to do so:
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Supplier
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Purpose
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What data we share
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County Pathology
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Receive blood samples, process blood samples and return results back to LiveSmart
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Full name, Gender, Date of Birth, Postcode, Phone number, Pathology Sample
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Nationwide Pathology
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Receive and process blood samples and return results back to LiveSmart. Also provide a Clinic service to allow users to visit their clinics to have their blood taken.
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Full name, Gender, Date of Birth, Postcode, Phone number, Pathology Sample
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Medical Screening Solutions (MSS)
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Provides a nurse service where nurses visit the user to take their blood sample. They then post the blood sample back to our lab.
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Full name, Gender, Date of Birth, Email, Phone Number, Address, Pathology Sample
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Shopify LLC
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Acts as our checkout processor to receive your details and process the payment for your order
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Full name, Address, Age, Email, Phone Number
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Stripe Inc
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Act as our card merchant and host your payment details for the purpose of any transactions you make to us
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Full name, Address, Email, Phone Number, Credit card details
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First Beat
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Act as our ‘First Beat’ supplier as part of our ‘Perform’ product. They provide the kit and data collection tool to record stress and Heart Rate Variability. They then provide that report back to our clinical team
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Full Name, Language, Address, Email, Phone Number
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GP
Contractors
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GP’s review individual health results and surveys to make health recommendations on our user dashboard
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Full name, Gender, Date of Birth, Postcode, Phone number, Pathology Results, Health Sample
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SECTION 4: WHERE DO WE STORE YOUR DATA
All Data is stored within Servers in the Republic of Ireland (Eire) using Amazon Web Services. We conduct annual security testing to ensure our database is secure.
SECTION 5: LAWFUL BASIS OF PROCESSING
Article 6 of the GDPR requires us to determine our lawful basis of processing personal information. We rely on Legitimate Interest [Article 6 (1) (f)]. Where we are processing sensitive or special categories of data, in order to meet the conditions required, for our customers we rely on Article 9 (2) (h) and for our employees we rely on Article 9 (2) (b).
Where an individual has decided to use the LiveSmart service we are also processing personal information because it is necessary for the performance of a contract with that individual.
Where appropriate we will process personal data in order to comply with legal obligations to which we are subject – for example, to meet the requirements of our Care Quality Commission (CQC) registration.
SECTION 6: HOW DO WE PROVIDE THE LIVESMART SERVICE WITH OTHERS
This section explains the purposes to which we put your Personal Data and Sensitive Personal Data.
We will never share the Personal Data or Sensitive Personal Data with any other parties except for the purposes of fulfilling our service and aggregated data or research, in which case all data we use would not be identifiable.
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To provide the LiveSmart service
How we collect this data: This data is provided to us at the time of your registration on the LiveSmart platform and completion of your Health Profile
What Data we use: Name, Email, Date of Birth, Address, Telephone Number, GP Information, Medical history, Medication information, Biometric Data, Dietary and exercise data
How We will use Data:
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We will use your Personal Data and Sensitive Personal Data to provide the service, including to manage our relationship with you, to verify your identity and eligibility to use our service and/or to contact you to provide and administer our service. Without this information, we cannot provide the LiveSmart service.
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Where our service results indicate to our doctor that further investigation is required the Member will be guided to his/her general practitioner or existing healthcare provider(s).
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To improve the LiveSmart Service
How we collect this data: This data is provided to us at the time of your registration on the LiveSmart platform and completion of your Health Assessment
What Data we use: Name, Email, Date of Birth, Address, Telephone Number
How we will use Data:
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We may contact you for your feedback or use your information to improve the LiveSmart service by creating pseudonymised reports and by contacting you to receive anonymous feedback. We can use your data in this way because we have a legitimate interest in improving and tailoring our service and keeping our customers happy.
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If you are a LiveSmart Member who has accessed the service through AXA PPP’s Active+ you may be contacted with recommendations for products relevant to the results of your assessment. For example, if your assessment reveals you have a Vitamin D deficiency then you may receive a recommendation for a product which will address this deficiency.
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To conduct research and aggregated reports
How we collect this data: This data is provided to us at the time of your registration on the LiveSmart platform and completion of your Health Profile
What Data we use: Pseudonymised Personal Data and Sensitive Personal Data
How We will use Data:
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We may use this data to conduct research on the efficacy of our products and to identify where we can improve our product, or to provide aggregated anonymised reports to analyse the usage, uptake and efficacy of the products and services.
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If you become a Member of LiveSmart through your organisation, we may use this data to provide aggregated anonymised reports to analyse the usage, uptake and efficacy of the service back to the HR manager or assigned representative at the organisation.
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To do what we are required to do by law
How we collect this data: This data is provided to us at the time of your registration on the LiveSmart platform and completion of your Health Profile; or at the time of commencing employment with us
What Data we use: Name, Email, Date of Birth, Address, Telephone Number
How we will use Data: We may be required to retain or use your data if we have a legal duty or obligation to do so. LiveSmart are CQC registered and will comply to any requirements to remain so. Part of CQC registration is to be audited annually where we may be required to produce evidence of data storage, protection and demonstrate its purpose.
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To process job applications
How we collect this data: You submit this to us through job applications
What Data we use: Name, Email, Phone Number, Previous employment information, Reference information
How we will use the Data: We may use this data to contact you by email or phone about the role you have applied for; to arrange interviews and to conduct reference checks with your permission. We can use your data in this way when you apply for a role with us because it enables us to process your application for potential employment.
SECTION 7: HOW LONG CAN WE KEEP YOUR PERSONAL DATA
We may only keep your personal data for as long as it is required for one of the reasons detailed in the above section.
We have policies about how we keep/store your personal data. The periods differ depending on the purpose for which we are using your personal data and the nature of the personal data.
How long we keep the data is determined by the period we need to keep it for in line with fulfilling the service and our legal obligations.
We typically retain personal data in your health profile for approximately 7 years from the point we obtained the data. However in some cases, for example, to meet our legal requirements, we may be required to keep it longer. When data is no longer required for its purpose, we ensure data is securely and irrevocably deleted from our system.
For job applications that have been unsuccessful personal data will be held for 6 months and then the data is securely and irrevocably deleted from our system.
SECTION 8: YOUR RIGHTS
Current data legislation provides data subjects who use the LiveSmart service with various rights relating to their personal data. These rights are set out in Chapter 3 of the GDPR.
Specifically, we can be contacted at the addresses below for one or more of the following reasons:
There may be occasions when we are unable to fully meet our obligations to you under your rights – for example, where we are required by law under the restrictions laid out in Article 23 of the GDPR.
SECTION 9: IF YOU ASK US TO STOP USING YOUR DATA
You can ask us to stop using your Data at any time, however in doing so we will be unable to continue providing the service.
In order to request that we stop using your data, you can send us an email to dpo@getlivesmart.com stating that you wish for us to stop using your data immediately.
WHAT HAPPENS IF YOU DON’T GIVE US SOME OF YOUR DATA
It is entirely optional for you to provide us with your personal data so we can process that data to deliver our service. However, where you do not provide the Data we need in order to provide the requested LiveSmart service or for us to fulfill a legal requirement, we will not be able to fulfill the service requested.
HOW TO CONTACT US ABOUT THIS PRIVACY POLICY
You may contact us at any time via email or post to query anything that may have come up from reading this policy.
By Post: LiveSmart UK Ltd, Att: Operations, 58-64 City Road, London EC1Y 2AL United Kingdom Email: dpo@getlivesmart.com
SECTION 10: COMPLAINTS
You have the right to complain about how we treat your personal data to the Information Commissioner's Office (the "ICO"). The ICO can be contacted at:
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Address: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113 (local rate) or 01625 545 745
SECTION 11: CHANGES TO THIS PRIVACY STATEMENT
We may update this Privacy Policy from time to time. We will notify you of the changes where required by law to do so.
SECTION 12: LEGITIMATE INTEREST ASSESSMENT STATEMENT
To establish Legitimate Interest as a lawful basis for processing personal data for these purposes a Legitimate Interest Assessment was conducted.
LiveSmart is a health screening service which provides health assessments to individuals using pathology, technology and human intervention.
To grow and generate income, LiveSmart need to sell and market its products and services to new potential customers and attract partners who want to market our products.
Generating income and profits will mean that individuals will be benefiting from wellness screenings which may contribute to their overall health and well-being and enable LiveSmart to contribute to the economy by paying taxes in the UK, pay its staff and reward them for the great work they do and reward its investors for having the confidence to invest.
To achieve these aims LiveSmart have a legitimate interest to process personal data to conduct health screenings and conduct research which may benefit the wider community as well as the individual.
As LiveSmart also processes sensitive personal data, we have identified the special conditions required by Article 9(2) of the GDPR.
You can request a copy of this LIA by contacting our Data Protection Officer at the address listed above.
