Website Privacy Notice

This is the privacy notice of Ultrasound Care Limited. In this document, "we", "our", or "us" refer to Ultrasound Care Limited.

We are company number 12772629 registered in England.

Our registered office is at 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ

Introduction

1.              This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

2.              We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.

3.              We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them and will not accidentally fall into the hands of a third party.

4.              We undertake to preserve the confidentiality of all information you provide to us and hope that you reciprocate.

5.              Our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).

6.              The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org

7.              Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.                                                                                                                                                                                                                

The basis on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant, then we shall immediately stop processing your data.

If the basis changes then if required by law, we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

1. Information we process because we have a contractual obligation with you

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

1.1.         verify your identity for security purposes

1.2.         sell products to you

1.3.         provide you with our services

1.4.         provide you with suggestions and advice on products, services and how to obtain the most from using our website

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

2. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us at:tarikalireza1@gmail.com. However, if you do so, you may not be able to use our website or our services further.

3. Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

·                whether the same objective could be achieved through other means

·                whether processing (or not processing) might cause you harm

·                whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

For example, we may process your data on this basis for the purposes of:

·                record-keeping for the proper and necessary administration of our business

·                responding to unsolicited communication from you to which we believe you would expect a response

·                protecting and asserting the legal rights of any party

·                insuring against or obtaining professional advice that is required to manage business risk

·                protecting your interests where we believe we have a duty to do so

4. Information we process because we have a legal obligation

We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

Specific uses of information you provide to us

5. Information provided on the understanding that it will be shared with a third party

Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

5.1.         posting a message our forum

5.2.         tagging an image

5.3.         clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks

In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do store it, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contact us tarikalireza1@gmail.com

6.              Complaints regarding content on our website

We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.

If you complain about any of the content on our website, we shall investigate your complaint.

If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

7.              Job application and employment

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.

8.              Sending a message to our support team

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.

9.              Complaining

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

10.           Affiliate and business partner information

This is information given to us by you in your capacity as an affiliate of us or as a business partner.

It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.

The information is not used for any other purpose.

We undertake to preserve the confidentiality of the information and of the terms of our relationship.

We expect any affiliate or partner to agree to reciprocate this policy.

Use of information we collect through automated systems when you visit our website

11.           Cookies

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.

We use cookies in the following ways:

11.1.      to track how you use our website

11.2.      to record whether you have seen specific messages we display on our website

11.3.      to keep you signed in our site

11.4.      to record your answers to surveys and questionnaires on our site while you complete them

11.5.      to record the conversation thread during a live chat with our support team

12.           Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed into our website.                        

13.           Our use of re-marketing

Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advert for our products or services when you visit some other website.

We may use a third party to provide us with re-marketing services from time to time. If so, then if you have consented to our use of cookies, you may see advertisements for our products and services on other websites.

Disclosure and sharing of your information

14.           Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.

No such information is personally identifiable to you.

15.           Third party advertising on our website

Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.

They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts.

We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

16.           Data may be processed outside the European Union

Our websites are hosted in United Kingdom.

We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.

Accordingly, data obtained within the UK or any other country could be processed outside the European Union.

For example, some of the software our website uses may have been developed in the United States of America or in Australia.

We use the following safeguards with respect to data transferred outside the European Union:

16.1.      the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.

16.2.      the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union, specifically that in the country of the United Kingdom.

16.3.      we comply with a code of conduct approved by a supervisory authority in the European Union, specifically that in the country of the United Kingdom.

16.4.      we are certified under an approved certification mechanism as provided for in the GDPR

16.5.      both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the European Union relating to protection of your information

Access to your own information

17.           Access to your personal information

17.1.      At any time, you may review or update personally identifiable information that we hold about you, by signing into your account on our website.

17.2.      To obtain a copy of any information that is not provided on our website you may send us a request at tarikalireza1@gmail.com

17.3.      After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

18.           Removal of your information

If you wish us to remove personally identifiable information from our website, you may contact us at tarikalireza1@gmail.com

This may limit the service we can provide to you.

19.           Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

20.           Use of site by children

20.1.      We do not sell products or provide services for purchase by children, nor do we market to children.

20.2.      If you are under 18, you may use our website only with consent from a parent or guardian

20.3.      We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.

20.4.      Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.

21.           How you can complain

21.1.      If you are not happy with our privacy policy or if have any complaint, then you should tell us by email. Our address is tarikalireza1@gmail.com

21.2.      If a dispute is not settled, then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

21.3.      If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner's Office. This can be done at https://ico.org.uk/concerns/

22.           Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

22.1.      to provide you with the services you have requested.

22.2.      to comply with other law, including for the period demanded by our tax authorities.

22.3.      to support a claim or defence in court.

23.           Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.

However, ultimately it is your choice as to whether you wish to use our website.

24.           Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy policy, please contact us.

Terms & Conditions

This contract is between (1) ULTRASOUND CARE LTD (USC); (2) The limited company who operates the clinic that you attend, trading as Ultrasound Care (“we” “us”) and (3) you, the customer (“you”) and shall be governed by the following terms and conditions of sale (“Conditions”), none of which affect your statutory rights:

1.     The Services. We provide diagnostic health scans of your baby. All of our scans are completed by trained and registered medical professionals specialising in fetal ultrasound. They may be radiographers, midwives or doctors (in these Conditions referred to as sonographer(s)). With your consent, we will carry out a fetal ultrasound scan of your baby. The primary purpose of the scan is to check the health and well-being of the fetus. Your scan will check the size of your baby, check for multiple fetuses, detect some anomalies, show the position of the fetus and the placenta. If your sonographer believes that there is any area of your baby’s development that needs to be brought to your attention they will discuss their findings openly with you. In these circumstances we may offer you expectant management treatment at the clinic, or refer you to your NHS care provider for ongoing treatment. We will, with your permission, send a copy of the Report to your NHS care provider. It is your responsibility to ensure that you then consult with your NHS care provider.

2.     Medical history. You understand and accept that we do not have access to your full medical history and therefore cannot provide medical advice relating to any diagnosis or advise you on any diagnostic results not completed by Us. You understand that the Report completed is a diagnostic overview of your pregnancy and can be completed at a gestation different to your NHS routine screening scans. The detection rate of abnormalities may vary depending on your gestation at the time of your scan. Similar and additional antenatal services are available free of charge from the NHS. We strongly recommend that you access all antenatal services made available to you by the NHS. You also understand that one ultrasound scan is not suitable to be considered as the sole diagnostic assessment of your pregnancy and is not exhaustive to all genetic scenarios. Not all abnormalities are screened for or detectable using ultrasound; a copy of our fetal abnormality policy is available on request in each clinic.

3.     Method. We aim to complete your scan abdominally but if you have ordered an ‘early scan’ (6 weeks to 15 weeks) we may need to undertake an internal (Trans Vaginal) scan. Your sonographer will discuss this with you beforehand. We will ensure dignity. You can decline an internal scan however if you do, you accept that we may not be able to provide you with conclusive information.

4.     Modification. We reserve the right to modify or improve our service without prior notice.

5.     Photography & recording. We do not allow any personal photography to be carried out in our clinics.

6.     Age. You must be 18 years old or over; if you are 16 or 17 years old, a responsible adult must accompany you to your appointment. We cannot scan anyone under the age of 16.

7.     Right to make changes. If you wish to make a change to the services or products you have ordered, please contact us. We will let you know whether the change is possible.

8.     Prices. Our prices will be set out in our price list. We accept payment on debit or credit cards but not American Express. We also accept payment by way of cash only when you attend the clinic.

9.     How we accept your order. Our acceptance of your order will take place when you make a payment of the deposit of £20.00. If we are unable to accept your order, we will inform you of this in writing and we will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan.

10.  Information we require in order to provide the services. We will need certain information from you in order to provide the services (for example, hospital notes and pregnancy history). If you do not provide us with this information or provide incorrect or incomplete information we may either end the contract or charge you a reasonable sum for the additional work undertaken to obtain the correct information. We will not be responsible for any delays in supplying the services if you do not provide the information.

11.  Cancellation of the services by you. You can always end the contract for the supply of services before you have received the services, but you will not be entitled to refund if at any time you cancel or we have already carried out the services. If the product is faulty you may be entitled to a refund. See the “Your Rights” box for more information.

12.  Cancellation of the services by us. We may suspend or cancel the services if you do not pay us when you are supposed to or provide us with the information needed to carry out the services. We will refund you any money you have paid in advance if we have not provided the services but may deduct reasonable costs we incur as a result.

13.  What you will receive following the scan. You will receive a scan report or a well-being report (“Report”) depending on which scan you have purchased.

14.  Ownership of the product. We retain copyright of any images that we take. Ownership of the Report shall belong to you once we receive payment in full for the services.

15.  What we cannot guarantee. We undertake to provide you with the best images possible but you understand that your baby’s position during the scan is outside our control. We will use reasonable efforts to ensure that your appointment will run on time. In relation to gender scans, we cannot guarantee the accuracy of the gender identification. We will undertake to do our best to identify the sex of your baby. We accept no liability for any incorrect indication of your baby’s gender.

16.  Our Liability to You. We shall not be responsible or liable for any injury, loss or damage to personal belongings whilst you are in our premises. We are only liable for our failure to comply with these Conditions and accept responsibility for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or not caused by us breaking the contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen, for example, if you discussed it with us during the consultation. We are not liable for any business losses as we only provide the services for domestic and private use. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. The below table sets out your legal rights.

17.  USC. USC owns the intellectual property used in the promotion of our services, manages and maintains the website and booking system. USC is party to this agreement for the purpose of this Condition 17 only. USC shall have no liability for our failure to comply with these Conditions (including provision of the services).

18.  Delays outside our control. If we have to delay or amend the date or time of your appointment due to an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. As examples, this may be as a result of any technical issues, changes in law or regulatory requirements. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

19.  How we use your data. We will use the personal information you provide to us to supply the services to you, process payment for the services and for the purpose of identification within this organisation and it will not be disclosed to any external sources without your express written consent. We will only give your personal information to third parties where we are required to do so by law. We will retain copies of your scan for 30 days in order to rectify any issues you may have following the scan.

20.  Enforceability. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately.

21.  In line with the latest government guidance, all persons entering any Ultrasound Care  clinic from July 24th 2020 will be required to wear a face covering or face mask for the duration of their visit to the clinic. This clause now forms part of the contract between You and Ultrasound Care (we).

Summary of your legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

Your rights under the Consumer Rights Act

You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

If your product is goods (i.e. a picture), the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.

How to contact us

If you have any questions or complaints about the services, please contact us on the day of your appointment. We will do our best to resolve or rectify any issues you have.

Online dispute resolution and Alternative Dispute Resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution via their website at applications@cedr.com

Online dispute resolution applies where services are bought online. It allows you to submit a complaint via an online complaint form which can be accessed here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Jurisdiction and governing law

These Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.