Please read these sections carefully before using the www.smarttms.ie website (the “Service”).

The terms of use, privacy policy and cookies policy tell you the terms of use on which you may make use of our website www.smarttms.ie (our site). Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. You may print a copy of this for future reference. By using our site, you confirm that you accept these terms of use without limit or qualification and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

Terms of Use

Please read these terms and conditions carefully before using this website (the “Site”). Using this Site indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not use this Site.

We may change our terms and conditions from time to time so you should review them regularly. Your use of this Site will be deemed an acceptance of the terms and conditions existing at that time.

1. Accessing This Site

1. We reserve the right to withdraw or amend the services we provide on this Site without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. 2. From time to time, we may restrict access to some parts of this Site, or this entire Site, to users who have registered with us. 3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.

2. Permitted Use

1. Subject to clause 2.2, you may print and download extracts from this Site for non-commercial use on the following basis: 1. no documents or related graphics on the Site are modified in any way; 2. no graphics on the Site are used separately from accompanying text; and 3. no copyright and trade mark notices are removed. 2. You agree not to: 1. use any part of the materials on this Site for commercial purposes without obtaining a licence to do so from us or our licensors; 2. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of this Site, except as permitted above; 3. provide a link to this Site from any other website without obtaining our prior written consent.

3. Intellectual Property Rights

1. Unless otherwise specified, we are the owner or licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 2. Unless otherwise specified, the authors of the literary and artistic works in the materials contained in the Site have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.

4. Reliance On Information Posted

1. The information contained in the material on this Site is for information purposes only and does not constitute advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of this Site, or by anyone who may be informed of any of its contents. 2. Subject to clause 4.3 and to the extent permitted by law, we hereby expressly exclude: 1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; 2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with use of this Site, including without limitation any liability for: 1. loss of income or revenue; 2. loss of business; 3. loss of profits or contracts; 4. loss of anticipated savings; 5. loss of data; 6. loss of goodwill; 7. wasted management or office time; and for any other loss or damage of any kind, however arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 3. We do not exclude liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.

5. Third Party Material

This Site may contain material submitted and created by third parties including other Site users and third party data providers. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material. You acknowledge that the provisions of these terms and conditions, including but not limited to clauses 3 and 5 apply to information provided by third party data providers and that you have no right to take any action against third party data providers as a result of your use of this Site.

6. Links

Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them except as may be required by law.

7. Material Submitted By You

1. By submitting any material to us, you : 1. automatically grant us a royalty-free, perpetual, irrevocable licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content; and 2. waive all your moral rights in such materials. 2. You acknowledge that we are not obliged to publish any material submitted by you. 3. You agree not to post any material: 1. that is threatening, defamatory, offensive, abusive, liable to incite racial hatred, discriminatory, blasphemous, pornographic, in breach of confidence, in breach of privacy; or 2. for which you have not obtained all necessary licences and/or approvals; or 3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; or 4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting material in breach of clause 8.3.

8. Data Protection and Privacy

1. We process information about you in accordance with our Privacy Policy. By using this Site, you consent to such processing and you warrant to the best of your knowledge and belief that all data provided by you is accurate. 2. We hold a data protection registration and comply with the Data Protection Act 1998.

9. Validity

If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

10. Agreement

These terms and conditions constitute the entire agreement between you and us relating to the subject matter herein.

11. Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, this Site. These terms and conditions are governed by English Law.

These terms govern the relationship between you and Smart TMS when you use our Service. Any reference to “you” or “your”, means you as user of the Service, any reference to “we”, “us”,  or “our” is to Smart TMS. These terms set out important information regarding your rights, obligations and the restrictions that may apply when you use our service, and we recommend that you read this carefully before using the Service. These terms are legally binding between you and Smart TMS for your use of the services provided. Please read them carefully. Every time you access the Website you are confirming you accept and will comply with these terms. The terms set forward here are not transferable, and apply to you only. If you do not agree with any of our terms then you should not use our Service.

Website Privacy

This privacy policy applies only to this website (the “Site”). If you do not accept this privacy policy, you should not use this Site.

Collection of personal information

Smart TMS (www.smarttms.ie) collects personal information from you (such as name, address, telephone number, email address etc) when you complete contact and enquiry forms or send emails to us. Please do not submit your personal information to us if you do not wish us to collect it.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate whether you agree for us to use your information for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to us.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Cookies

Cookies and similar technology

www.smarttms.ie (the “Site”) also uses cookies and similar technical tools to collect information about your access to the Site and the services we provide.

A cookie is a small text file that contains a unique label or cookie ID number. When you visit a website that uses cookies, the website sends a cookie to you browser’s software and it is stored on your computer even after you leave the site.

When you visit the website at a later date the cookie’s ID number is sent back to the website, allowing the website to recognise the user which can be really useful for you. This remembers you on repeat visits effectively letting you move around the Site without having to keep re-introducing yourself.

We use cookies to:

  • Remember that you have used the Site before; this means we can identify the number of unique visitors we receive to different parts of the Site. This allows us to make sure we have enough capacity for the number of users that we get and make sure that the Site runs fast enough;
  • Store your preferences or your user name and password so that you do not need to input these every time you visit the Site;
  • Customise elements of the layout and/or content of the pages of the Site for you;
  • Collect statistical information about how you use the Site so that we can improve the Site; and
  • Gather information about the pages on the Site that you visit, and also other information about other websites that you visit, so as to place you in a “market segment”.

This information is only collected by reference to the IP address that you are using, but does include information about the county and city you are in, together with the name of your internet service provider.

Some of the cookies used by our Site are set by us, and some are set by third parties who are delivering services (such as interest based advertising directed at your market segment) on our behalf.

Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.

Visiting www.allaboutcookies.org will provide information on settings within your browser as well as other useful information on cookies.

Please note however, that by blocking or deleting cookies used on the Site you may not be able to take full advantage of the Site if you do so.

If you continue using this Site we will assume that you are happy to receive all cookies and similar technical tools from this Site and reserve the right to amend, remove or add new cookies and similar technical tools at any time.

If you would like to disable and or prevent any cookies from this Site from being saved in your browser, then please follow the links below or consult with your internet browser provider.

General cookie management resources

Browser specific cookie management resources

Google Analytics

We use Google Analytics cookies for monitoring website traffic. This allows us to optimise our website for search engines and evaluate how easy our site is to find on the web. All Google Analytics information is recorded anonymously and does not provide or share any user-identifiable information. For further information, please see the Google Privacy Policy.

If you don’t want your information collected in this way, you can use Google’s Browser add-on to opt out of Google Analytics.

Facebook

We may from time to time use Facebook Advertising and Remarketing.  Cookies enable us to learn whether someone who saw an ad on Facebook later visited our website. The cookie also allows us to show you relevant advertisements across the Facebook Advertising Networks based on your previous browsing of this website.

The ultimate control of the dissemination of information gathered through Facebook Advertising, Facebook Pixel Re-Marketing and communications resides with Facebook. You can opt-out of Facebook’s use of cookies and Facebook Pixel Remarketing through settings on your Facebook Account.

Opt Out

You can opt out of third party cookie advertising and remarketing by visiting http://www.networkadvertising.org/choices.

Privacy Policy

PROTECTING YOUR PRIVACY

SMART RTMS LIMITED

CONTENTS OF PRIVACY NOTICE

  1. Introduction
  2. Who is Smart rTMS Ltd?
  3. Explaining the legal bases we rely on
  4. When do we collect your personal data?
  5. What sort of personal data do we collect?
  6. How and why do we use your personal data?
  7. How we protect your personal data
  8. How long will we keep your personal data?
  9. Who do we share your personal data with?
  10. What are your rights over your personal data?
  11. How can you stop the use of your personal data for direct marketing?
  12. Contacting the Regulator
  13. Any questions?

  1. Introduction

This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and keep how we keep it safe.

We know that there’s a lot of information here, but we want you to be fully informed about your rights, and how Smart TMS use your data.

We hope the following sections will answer any questions you have but if not, please do get in touch with us.

It’s likely that we’ll need to update this Privacy Notice from time to time. We’ll notify you of any significant changes, but you’re welcome to come back and check it whenever you wish.

When you are using the Smart TMS website, Smart rTMS Ltd is the data controller.


  1. Who is Smart rTMS Ltd?

Smart TMS was founded by Dr Leigh Neal, a consultant psychiatrist.

Dr Neal is a psychiatrist with over 20 years’ experience. He has a longstanding interest in the biological causes of mental health issues and is a member of the International Neuromodulation Society.

Smart TMS provide Transcranial Magnetic Stimulation therapy treatment and was the first UK clinic to offer treatments for anything other than depression.

On the basis of research, we believe that rTMS – Repetitive Transcranial Magnetic Stimulation could offer sufferers of DPD an alternative treatment option using transcranial magnetic stimulation to work directly on the associated areas of the brain. It would also offer the benefit of being a non-medication approach, avoiding potentially unpleasant side-effects associated with drugs.

For simplicity throughout this notice, ‘we’ and ‘us’ means Smart rTMS Ltd.


  1. Explaining the legal bases we rely on

The law on data protection sets out several reasons for which a company may collect and process your personal data, including:

Consent:

In specific situations, we can collect and process your data with your consent.

For example, when you tick a box to receive email newsletters.

When collecting your personal data, we’ll always make clear to you, which data is necessary in connection with a particular service.

Contractual Obligations:

In certain circumstances, we need your personal data to comply with our contractual obligations.

For example, informing your GP, prior to treatment, of your intent to have Transcranial Magnetic Stimulation Treatment at one of our clinics.

Legal Compliance:

If the law requires us to, we may need to collect and process your data.

For example, we can pass on details of people involved in fraud or other criminal activity affecting Smart to law enforcement.

Legitimate Interest:

In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.

For example, we will use your email address to send promotional mailouts from time to time.

We may also use your address details to send you direct marketing information by post, telling you about services that we think might interest you.

  1. When do we collect your personal data?
  • When you visit our website
  • When you create an account with us
  • When you engage with us on social media
  • When you download or install one of our apps
  • When you contact us by any means with queries, complaints etc
  • When you ask one of our Partners to email you information about a product or service
  • When you enter prize draws or competitions
  • When you book any kind of appointment with us or book to attend an event
  • When you choose to complete any surveys we send you
  • When you comment on or review our Doctors and services
  • Any individual may access personal data related to them, including opinions. So, if your comment or review includes information about the Doctor who provided that service, it may be passed on to them if requested
  • When you fill in any forms. For example, if an accident happens in one of our clinics, a member of the team may collect your personal data
  • When you’ve given a third-party permission to share with us the information they hold about you
  • We collect data from publicly-available sources (such as Land Registry) when you have given your consent to share information or where the information is made public as a matter of law
  • When you use our clinics which usually have CCTV systems operated for the security of both patients and staff. These systems may record your image during your visit.

  1. What sort of personal data do we collect?

If you have a membership account with us: your name, gender, date of birth, address, medical appointments, prescriptions, email, telephone number and payment card details

For example, our Doctors will collect notes from your appointments, details of any complaints or comments you make, details of prescriptions you made, consultancy services you show interest in, web pages you visit and how and when you contact us.

  • Copies of documents you provide to prove your age or identity where the law requires this (including your passport and driver’s licence). This will include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality
  • Details of your visits to our websites and which site you came from to ours
  • Information gathered by the use of cookies in your web browser
  • Personal details which help us to recommend services of interest

We’ll only ask for and use your personal data collected for recommending services of interest and to tailor your membership with us. Of course, it’s always your choice whether you share such details with us.

  • Payment card information
  • Your comments and product reviews
  • Your image may be recorded on CCTV when you visit a clinic
  • Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback.

  1. How and why do we use your personal data?

We want to give you the best possible care and medical services. One way to achieve that is to get the richest picture we can of who you are by combining the data we have about you.

We then use this to provide healthcare services that are most beneficial to you.

The data privacy law allows this as part of our legitimate interest in understanding our customers and providing the highest levels of care.

Of course, if you wish to change how we use your data, you’ll find details in the ‘What are my rights?’ section below.

Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you’ve asked for.

Here’s how we’ll use your personal data and why:

  • To make an appointment or provide a medical service by one of our clinicians or technicians. If we don’t collect your personal data during the membership registration process, we won’t be able to book you in and comply with our legal and medical obligations.

For example, your details may need to be passed to a clinician to provide the service that you require, and we will keep your details for a reasonable period afterwards in order to fulfil any contractual obligations such as refunds.

  • To respond to your queries, refund requests and complaints. Handling the information you sent enables us to respond. We may also keep a record of these to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best medical service and understanding how we can improve our service based on your experience.
  • To protect our business and your account from fraud and other illegal activities. This includes using your personal data to maintain, update and safeguard your account. We’ll also monitor your appointment activity with us to quickly identify and resolve any problems and protect the integrity of our staff. We’ll do all of this as part of our legitimate interest.
  • To protect our patients, premises, assets and Partners from crime, we operate CCTV systems in our clinics which record images for security. We do this on the basis of our legitimate business interests.
  • To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our customers from fraud.
  • If we discover any criminal activity or alleged criminal activity through our use of CCTV, fraud monitoring and suspicious transaction monitoring, we will process this data for the purposes of preventing or detecting unlawful acts. We aim is to protect the individuals we interact with from criminal activities.

Of course, you are free to opt out of hearing from us by any of these channels at any time.

  • To send you relevant, personalised communications by post in relation to updates, offers, services and products. We’ll do this on the basis of our legitimate business interest.

You are free to opt out of hearing from us by post at any time.

  • To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice, and legally required information relating to your membership. These service messages will not include any promotional content and do not require prior consent when sent by email or post. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.
  • To develop, test and improve the systems, services and products we provide to you. We’ll do this on the basis of our legitimate business interests.
  • To comply with our contractual or legal obligations to share data with law enforcement.

For example, when a court order is submitted to share data with law enforcement agencies or a court of law

  • To send you survey and feedback requests to help improve our services. These messages will not include any promotional content and do not require prior consent when sent by email or post. We have a legitimate interest to do so as this helps make our services more relevant to you.

Of course, you are free to opt out of receiving these requests from us at any time by updating your preferences by contacting our reception team.

  • To process your booking/appointment requests (for example with a consultant). Sometimes, we’ll need to share your details with the relevant consultant who is providing the service. We do so to maintain our appointment with you. Without sharing your personal data, we’d be unable to fulfil your request.

  1. How we protect your personal data

We know how much data security matters to all our customers. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it.

We secure access to all areas of our websites and apps using ‘https’ technology.

Access to your personal data is password-protected, and sensitive data such as payment card information) is secured and tokenised to ensure it is protected.

We regularly monitor our system for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.


  1. How long will we keep your personal data?

Whenever we collect or process your personal data, we’ll only keep it for as long as you are a patient with Smart TMS and it is necessary for the purpose for which it was collected.

At the end of that retention period, your data will either be deleted completely or upon request, provided to your new medical provider.


  1. Who do we share your personal data with?

We sometimes share your personal data with trusted third parties.

Here’s the policy we apply to those organisations to keep your data safe and protect your privacy:

  • We provide only the information they need to perform their specific services.
  • They may only use your data for the exact purposes we specify in our contract with them.
  • We work closely with them to ensure that your privacy is respected and protected at all times.
  • If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.

Examples of the kind of third parties we work with are:

  • IT companies who support our website and other business systems
  • Private medical providers such as medical consultants
  • Direct marketing companies who help us manage our electronic communications with you
  • Data insight companies to ensure your details are up to date and accurate

  1. What are your rights over your personal data?

An overview of your different rights;

You have the right to request:

  • Access to the personal data we hold about you, free of charge in most cases
  • The correction of your personal data when incorrect, out of date or incomplete
  • For example, when you withdraw consent, or object and we have no legitimate overriding interest, or once the purpose for which we hold the data has come to an end (such as the end of your membership)
  • That we stop using your personal data for direct marketing (either through specific channels, or all channels)
  • That we stop any consent-based processing of your personal data after you withdraw that consent

You have the right to request a copy of any information about you that Smart TMS tholds at any time, and also to have that information corrected if it is inaccurate. To ask for your information, please contact; Data Protection Officer, Smart rTMS Ltd, 9 Cirencester Business Park, Tetbury Road, Cirencester, GL7 6JJ. Or email info@smarttms.co.uk to ask for your information to be amended.

If we choose not to action your request, we will explain to you the reasons for our refusal.

Your right to withdraw consent

Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.

Where we rely on our legitimate interest

In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.

Direct marketing

You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must always comply with your request.

Checking your identity

To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.


  1. How can you stop the use of your personal data for direct marketing?

There are several ways you can stop direct marketing communications from us:

  • Click the ‘unsubscribe’ link in any email communication that we send you. We will then stop any further emails from that particular division.
  • Write to our head office; Smart rTMS Ltd, 9 Cirencester Business Park, Tetbury Road, Cirencester, GL7 6JJ. Or email info@smarttms.co.uk

Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.


  1. Contacting the Regulator

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

You can contact them by calling 0303 123 1113.
Or go online to www.ico.org.uk/concerns (opens in a new window; please note we can’t be responsible for the content of external websites)

If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.


  1. Any questions?

We hope this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it.

If you have any questions that haven’t been covered, please contact our Data Protection Officer who will be pleased to help you:

  • Email us at; info@smarttms.co.uk
  • Write to us at; Smart rTMS Ltd, 9 Cirencester Business Park, Tetbury Road, Cirencester, GL7 6JJ

This notice was last updated on 24/05/2018