Please be assured that I take the issue of data security very seriously and I maintain all records as securely as possible according to best practice for the profession of psychotherapy, which has long been painstaking in the pursuit of absolute confidentiality. For further information on your rights under GDPR please see http://gdprandyou.ie
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the Irish data protection regulations applicable to Acora Therapy. By means of this data protection declaration, I would like to inform the general public of the nature, scope, and purpose of the personal data collected, used and processed. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the Controller, Acora Therapy has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed in the practice and through this website. Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data via alternative means, e.g. by telephone. I take great care as a psychotherapist to ensure strict confidentiality.
The data protection declaration of Acora Therapy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). The data protection declaration should be legible and understandable for the general public, as well as to customers and business partners. To ensure this, I would like to first explain the terminology used.
In this data protection declaration, I use, inter alia, the following terms:
a) Personal Data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Sensitive Data
Sensitive personal data is defined in the Data Protection Acts as any personal data as to:
the racial or ethnic origin, the political opinions or the religious or philosophical beliefs of the data subject,
whether the data subject is a member of a trade union the physical or mental health or condition or sexual life of the data subject, the commission or alleged commission of any offence by the data subject, or any proceedings for an offence committed or alleged to have been committed by the data subject, the disposal of such proceedings or the sentence of any court in such proceedings.
The Data Protection Acts require additional conditions to be met for the processing of such data to be legitimate. Usually this will be the explicit consent of the person about whom the data relates.
c) Data Subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the Controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
e) Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
h) Controller or Controller Responsible for the Processing
Controller or Controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
k) Third Party
Third party is a natural or legal person, public authority, agency or body other than the data subject, Controller, processor and persons who, under the direct authority of the Controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he, she or they, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him, her or them.
2. Name and Address of the Controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection of Acora Therapy is:
Registered Business Name: ACORA THERAPY
400 North Circular Road, Inns Quay, Dublin, D01 E9N9
The data subject may, at any time, prevent the setting of cookies through my website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of my website may be entirely usable.
4. Collection of General Data and Information
The website of Acora Therapy collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files.
Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches my website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on my information technology systems.
When using these general data and information, Acora Therapy does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of my website correctly, (2) optimise the content of my website as well as its advertisement, (3) ensure the long-term viability of my information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Acora Therapy analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of my enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on my Website
I do not require visitors to register on the Acora Therapy website.
6. Contact Possibility Via the Website
The website of Acora Therapy contains information that enables direct communication with me, which also includes a general address of the so-called electronic mail (e-mail address).
If a data subject contacts the Controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data Controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
7. Comments Function on the Website and Blog
Comments are disabled on the Acora Therapy website and blog.
8. Routine Erasure and Blocking of Personal Data
The data Controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the Controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
9. Rights of the Data Subject
a) Right of Confirmation
Each data subject shall have the right granted by the European legislator to obtain from the Controller the confirmation as to whether or not personal data concerning him, her or them her are being processed. If a data subject wishes to avail himself of this right of confirmation, he, she or they may, at any time, contact the Data Protection Officer.
b) Right of Access
Each data subject shall have the right granted by the European legislator to obtain from the Controller free information about his, her or their personal data stored at any time and a copy of this information.
Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the Controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he, she or they may at any time contact the Data Protection Officer.
c) Right to Rectification
Each data subject shall have the right granted by the European legislator to obtain from the Controller without undue delay the rectification of inaccurate personal data concerning him, her or them. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he, she or they may, at any time, contact the Data Protection Officer.
d) Right to Erasure (Right to be Forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the Controller the erasure of personal data concerning him, her or them without undue delay, and the Controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Acora Therapy, he, she or they may at any time contact the Data Protection Officer. The Data Protection Officer of Acora Therapy shall promptly ensure that the erasure request is complied with immediately.
Where the Controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other Controllers processing the personal data that the data subject has requested erasure by such Controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of Acora Therapy will arrange the necessary measures in individual cases.
e) Right of Restriction of Processing
Each data subject shall have the right granted by the European legislator to obtain from the Controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The Controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the Controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Acora Therapy, he, she or they may at any time contact the Data Protection Officer. The Data Protection Officer of Acora Therapy will arrange the restriction of the processing.
f) Right to Data Portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him, her or them, which was provided to a Controller, in a structured, commonly used and machine-readable format. He, she or they shall have the right to transmit those data to another Controller without hindrance from the Controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.
Furthermore, in exercising his, her or their right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one Controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer of Acora Therapy.
g) Right to Object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his, her or their particular situation, at any time, to processing of personal data concerning him, her or them, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Acora Therapy shall no longer process the personal data in the event of the objection, unless I can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If Acora Therapy processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him, her or them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Acora Therapy to the processing for direct marketing purposes, Acora Therapy will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his, her or their particular situation, to object to processing of personal data concerning him, her or them by Acora Therapy for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of Acora Therapy. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his, her or their right to object by automated means using technical specifications.
h) Automated Individual Decision-Making, Including Profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him, her or them, or similarly significantly affects him, her or them, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data Controller, or (2) is not authorised by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data Controller, or (2) it is based on the data subject’s explicit consent, Acora Therapy shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the Controller, to express his, her or their point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he, she or they may at any time directly contact the Data Protection Officer of Acora Therapy.
i) Right to Withdraw Data Protection Consent
Each data subject shall have the right granted by the European legislator to withdraw his, her or their consent to processing of his, her or their personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he, she or they may at any time directly contact Acora Therapy.
10. Data Protection for Applications and the Application Procedures
The data Controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the Acora Therapy website. If the data Controller concludes a working contract with an applicant, the submitted data will be stored for the purpose of processing the working relationship in compliance with legal requirements.
If no working contract is concluded with the applicant by the Controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the Controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
11. Data Protection Provisions About the Application and Use of Social Media
12. Data protection provisions about the application and use of Apple iPhone and other Apple computers, and the iOS operating system
In this practice, the Controller utilises computer and phone hardware manufactured by Apple, utilising the iOS software platform, to process data, by the use of telephone calls, SMS text messages, email correspondence, invoice processing via Xero, payments online through Stripe, and payments in-house by Sumup.
The manufacturer of the Apple hardware and its component software iOS is Apple Inc. One Apple Park Way, Cupertino, California, USA,95014
All the Apple products utilised by the data Controller are encrypted, and in the event of loss or theft of one of the products, the contents are protected with maximum security enabled. The data Controller endeavours to limit the processing of all sensitive data to offline only, i.e. pseudonymised data on paper and ink, and data subjects will always be informed when and if there is any exception.
Further information and the applicable data protection provisions of Apple may be retrieved under: https://www.apple.com/ie/legal/privacy/en-ww/
13. Data protection provisions about the application and use of Google-AdWords
On this website, the Controller has not integrated Google AdWords.
14. Data protection provisions about the application and use of Google Maps
On this website, the Controller has integrated components of the enterprise Google Maps. Google Maps is a geolocation and mapping service.
The operator of the Google Maps component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
With each call-up to one of the individual pages of this Internet website, which is operated by the Controller and into which a Google Maps component (Google plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Google account component from Google through the Google Maps component. Google is made aware of what specific sub-site of my website was visited by the data subject.
If the data subject is logged in at the same time on Google, Google detects with every call-up to my website by the data subject—and for the entire duration of their stay on my Internet site—which specific sub-site of my Internet page was visited by the data subject. This information is collected through the Google Maps component and associated with the respective Google account of the data subject. If the data subject clicks on one of the Google maps integrated into my website, Google matches this information with the personal Google user account of the data subject and stores the personal data.
Google always receives, through the Google Maps component, information about a visit to my website by the data subject, whenever the data subject is logged in at the same time on Google during the time of the call-up to my website. This occurs regardless of whether the data subject clicks on the Google Maps component or not. If such a transmission of information to Google is not desirable for the data subject, then he, she or they may prevent this by logging off from their Google account before a call-up to my website is made.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/. In addition, it is explained there what setting options Google offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Google. These applications may be used by the data subject to eliminate a data transmission to Google.
15 Data protection provisions about the application and use of Gmail
At Acora Therapy, the Controller uses Gmail to correspond electronically with all data subjects and data processors. Two-step authentication is employed to ensure confidentiality.
The operating company of Gmail is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
Further information and the data protection provisions of Google may be retrieved under https://policies.google.com/privacy/update.
16 Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning my services. If Acora Therapy is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in my company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by my company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the Controller (Recital 47 Sentence 2 GDPR).
17. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract. In terms of psychotherapy practice, best practice is to store clinical material, classed as sensitive data, held offline on paper, pseudonymised, for seven years, after which it is shredded.
18. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when my company signs a contract with him, her or them. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact me to clarify with the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
19. Safeguards for your sensitive data
No sensitive data are stored online. They are kept offline and secured under lock and key. All records are pseudonymised. In the event that sensitive data are required to be communicated by email or letter, either to the data subject or to a third party which is appropriate, e.g. a doctor or psychiatrist, or government agencies such as TUSLA or the HSE, the data subject will be informed, and explicit consent requested. For legal, insurance and professional reasons, according to best practice in the profession of psychotherapy, the storage duration period of sensitive data such as clinical notes is required to be seven years from the last appointment with the data subject, after which all data are deleted and shredded.
20. Questions and Complaints
If you have any questions regarding this Privacy Notice, you can contact us using the information below:
Data Protection Officer
400 North Circular Road, Dublin 7
Or by email: firstname.lastname@example.org
You have the right to lodge a complaint with the Irish Data Protection Commissioner.