Privacy Notice

Privacy notice

Elle Kay Nails & Beauty

Purpose of privacy notice

The processing of personal data is governed by the General Data Protection Regulation 2016/679 (the GDPR). This legislation will replace current data privacy law, giving more rights to you as an individual and more obligations to organisations holding your personal data.

One of the rights is a right to be informed, which means we have to give you even more information than we do now about the way in which we use, share and store your personal information.

This means that we have a new privacy notice so you can access this information, along with information about the increased rights you have in relation to the information we hold on you and the legal basis on which we are using it.

This new privacy notice comes into effect on 25 May 2018.

Who are we?
Elle Kay Nails & Beauty  is the data controller. This means we decide how your personal data is processed and for what purposes.

Whose information does this privacy notice apply to?

This privacy notice applies to information we collect from:

·      clients;

·      prospective clients;

·      former clients;

·      visitors to our website;

What is personal data?
Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. Examples of personal data we may hold about you include your contact and appointment details.

Special category data is a sub-category of personal data revealing for example, data concerning health. Examples of special category data we may hold about you include your client notes.

How do we process your personal data?
We comply with our obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data. We use your personal data for the purposes set out below.

Sections 1 – 9 apply to our clients, prospective clients, former clients and visitors to our salon.

1.    We use your name, address, telephone number and email address to make and rearrange appointments and send marketing details. We are unable to send or receive encrypted emails so you should be aware that any emails we send or receive may not be protected in transit. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send us is within the bounds of the law.

2.    We use clients medical conditions, history and medication they take to carry out the treatment safely. This information we are required to take for insurance purposes also.

3.    We keep a record of treatments performed at our salon to enable us to provide better treatments in the future, in the interests of clients, progress of treatment, review  treatment and to secure potential evidence in the event of a, insurance claim or complaint to my regulatory body.

4.    We may use your date of birth to help identify clients with the same name to avoid mistakes being made as to safe and appropriate treatment.

5.    We use your GP’s name and address in the event that we need to contact your GP including in an emergency and because it is a mandatory requirement by the British Association of Beauty Therapy & Cosmetology.

6.  We record and use any information and advice that we have given, to help you to receive the most appropriate treatment and to secure evidence in the event of an insurance claim or complaint.

7.  We keep accident records for any Clients, visitors or staff who are involved in accidents at our salon in accordance with UK Health and Safety legislation including the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) to comply with the law and  to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint.

8.  In the event of an adverse incident occurring to any of our clients we report the matter to our insurance company to enable the insurance company to deal with any potential claims.

9.  Where relevant we maintain records of the client’s consent to treatment, or the consent of their next-of-kin in order to be able to prove that the client (and/or parent/guardian/next of kin) has given informed consent to treatment to secure evidence in the event of a civil claim, criminal prosecution, insurance claim or complaint.

Section 10 applies to those who complain about our services.

10.  When we receive a complaint from a person we make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint.

We will only use the personal information we collect to process the complaint and to check on the level of service we provide. We usually have to disclose the complainant’s identity to whoever the complaint is about. If a complainant doesn’t want information identifying him or her to be disclosed, we will try to respect that. However, it may not be possible to handle a complaint on an anonymous basis. We may need to provide personal information collected and processed to our insurance company.

Sections 11 – 12 apply to our website users.

11.  When someone visits our website  we use a third party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

12.  We use website cookies to improve user experience of our website by enabling our website to 'remember' users, either for the duration of their visit - using a 'session cookie' - or for repeat visits - using a 'persistent cookie'.

Sharing your personal data
Your personal data will be treated as strictly confidential, and will be shared:

·         with named third parties with your explicit consent;

·         with the relevant authority such as the police or a court, if necessary for compliance with a legal obligation to which we are subject e.g. a court order;

·         with your doctor or the police if necessary to protect yours or another person’s life;

·         with the police or a local authority for the purpose of safeguarding a children or vulnerable adults; or

·         with my regulatory body or my insurance company in the event of a complaint or insurance claim being brought against me; or

·         my solicitor in the event of any investigation or legal proceedings being brought against me.

For further details about the situations when information about you might be shared please see the Information Commissioner’s website at

How long do we keep your personal data?
We keep your personal data for no longer than reasonably necessary.
We keep client records for a period of 7 years in accordance with the British Association of Beauty Therapy & Cosmetology.

Personal data is kept on record cards which are locked away in a cupboard and also a database on a computer which has security on the device. This is backed up on an external drive for extra safety and protection.  Record cards are kept for 7 years from your last appointment, after this time they are safely destroyed.

Your rights and your personal data
Unless subject to an exemption under the GDPR, you have certain rights with respect to your personal data as set out below.

·         The right to request a copy of your personal data which we hold about you.

·         The right to request that we correct any personal data if it is found to be inaccurate or out of date.

·         The right to request your personal data is erased where it is no longer necessary for us to retain such data.

·         The right to withdraw your consent to the processing at any time. This right does not apply where we are processing information using a lawful purpose other than consent.

·         The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable).

·         The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing.

·         The right to be informed if your data is lost. We shall also inform the Information Commissioner’s Office in accordance with the time limits in the GDPR.

·         The right to lodge a complaint with the Information Commissioner’s Office.

For further details about these rights please see the Information Commissioner’s website at

Further processing
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

Contact Details
To exercise all relevant rights, queries of complaints please in the first instance contact us at Elle Kay Nails & Beauty, 163A High Street, Bloxwich, Walsall, WS3 3LG.

You can contact the Information Commissioners Office on 0303 123 1113 or via email or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.