The use of personal data is regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in Gibraltar) We (Xenox-Med, a trading name of Abercomby Ltd) are responsible for the purposes of the GDPR for any personal data provided to us by clients or users of our services. Use of personal data is subject to your instructions, the GDPR, other relevant Gibraltar and EU legislation and our duty of confidentiality.
Personal data may include any information relating to an identified or identifiable individual, genetic and biometric data. The personal data we may collect in the course of dealing with clients may include the following:
Name, address and telephone number
Date of birth, passport details or other identifying information
Mobile or other phone number
Information relating to the matter in which we are providing services
How your personal data is collected
We collect most of this information from you. However, we may also collect information from publicly accessible sources, directly from a third party, or from a third party with your consent.
We may also collect information where appropriate from one of our service providers but only where you have used or have intention of using our services.
Under data protection law, we can only use your personal data if we have a proper reason for doing so, which may include:
to comply with our legal and regulatory obligations;
for the performance of our services or to take steps at your request before agreeing to provide our services;
for our legitimate interests or those of a third party; or
where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
We may use your personal data for to provide our services in accordance with your request, for the performance of our services, to conduct identity checks to identify and verify our clients or for other processing which may be necessary to comply with any obligations that apply to our business,
To comply with lawful requests for data from third parties to comply with our legal obligations.
Ensuring business policies are adhered to; policies covering security and internet use for our legitimate interests or those of a third party, to make sure we are following our own internal procedures so we can deliver the best service to you.
Operational reasons, such as improving efficiency, training and quality control. For our legitimate interests or those of a third party, to be as efficient as we can so we can deliver the best service for you at the best price.
Ensuring the confidentiality of commercially sensitive information
Statistical analysis to help us manage our business in relation to our financial performance, client base, service type or other efficiency measures.
Preventing unauthorised access and modifications to systems.
Updating and enhancing client records
Marketing our services to:
—existing and former clients;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings.
Special category personal data, which we will only process with your explicit consent.
We may use your personal data to send you updates (by email, text message, telephone or post) with information about our services, including exclusive offers, promotions or new services as well as sending you invitations to events, newsletters and other information we feel is relevant to you.
We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal data with the utmost respect and never sell or share it with other organisations outside Xenox-Med or related companies for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by contacting us at Xenox-med.
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
We may share personal data with:
our related companies, including medical practitioners, clinics or hospitals who may offer our services;
our insurers and brokers;
external auditors, eg in relation to any accreditation or the audit of our accounts;
external service suppliers, representatives and agents that we use to make our business more efficient.
We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal obligations.
We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
Information may be held at our offices and those of our group companies, third party agencies, service providers, representatives and agents.
Some of these third parties may be based outside the European Economic Area.
How long your personal data will be kept
We will keep your personal data after we have finished providing our services. We will do so for one of these reasons:
to respond to any questions, complaints or claims;
to show that we treated you fairly or acted properly;
to keep records required by law or under guidelines issued by relevant regulators and supervisory authorities;
where we have a legitimate interest to do so.
We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data.
To deliver services to you, may be sometimes necessary for us to share your personal data outside the European Economic Area (EEA) with your and our service providers located outside the EEA or if you are based outside the EEA;
These transfers are subject to special rules under European and Gibraltar data protection law.
The following countries to which we may transfer personal data have been assessed by the European Commission as providing an adequate level of protection for personal data: Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay and the US (limited to the Privacy Shield framework).
Except for the countries listed above, non-EEA countries do not have the same data protection laws as Gibraltar and EEA. We will, however, ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice is to use standard data protection contract clauses approved by the European Commission.
You have the following rights, which you can exercise free of charge:
The right to be provided with a copy of your personal data
The right to require us to correct any mistakes in your personal data
The right to require us to delete your personal data—in certain situations
The right to require us to restrict processing of your personal data—in certain circumstances, for example if you contest the accuracy of the data
The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
The right to object at any time to your personal data being processed for direct marketing (including profiling) and in certain other situations to our continued processing of your personal data.
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
If you would like to exercise any of those rights, contact us and let us have enough information to identify you, proof of your identity and address and let us know what right you want to exercise and the information to which your request relates.
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
We hope that we can resolve any query or concern you may raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred.