DRINKCOACH TERMS AND CONDITIONS
Thank you for visiting the DrinkCoach website. This page contains the Terms and Conditions for the DrinkCoach website as a whole and the specific Terms and Conditions for use of the DrinkCoach Online Support Service, which can be accessed via this website.
The terms and conditions provides you with details of how we collect and process your personal data through your use of our site www.drinkcoach.org.uk, including any information you may provide through our site when you purchase our service or take part in prize draw or competition.
By providing us with your data, you warrant to us that you are over 18 years in age. By accessing this website in any manner (whether automated or otherwise), you agree to be bound by these Terms and Conditions and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of this site.
Blenheim CDP is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this document).
We have appointed a Data Protection Officer who is in charge of privacy related matters for us. If you have any questions about these terms and conditions, please contact the Data Protection Officer using the details set out below.
We reserve the right to change these Terms and Conditions at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute, venue and time limit of claims provisions to the extent allowed by applicable law. By continuing to use the site after we post any such changes, you accept the Terms and Conditions as modified.
Our full details:
Full Name of Legal Entity: Blenheim CDP
Name of Data Protection Officer: Simon Lincoln
Email address: firstname.lastname@example.org
Postal address: 210 Wandsworth Road, London SW8 2JU
7.1 Jurisdictional issues
7.3 Disclaimer of Warranties
7.4 Limitations of Liability
1. Who owns and runs this website and services
1.1 The DrinkCoach website, which offers you access to Blenheim’s DrinkCoach smartphone and tablet app and Online Support Service, is operated by Blenheim and its partners. Blenheim collects and processes data submitted to the website.
1.2 We own the intellectual property rights in the content and materials displayed throughout the DrinkCoach website, app and Online Support Service. You may use this site (including content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes and you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, adapt, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this site unless explicitly authorised by us. You may, however, from time to time, download and/or print copies of pages of the site and/or app for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Unauthorised use of the information provided by us may give rise to a claim against you for damages and/or be a criminal offence.
2. Medical disclaimer
2.1 The information and opinions expressed here are based on the best judgment and knowledge of the authors and are for informational purposes only. All material on the website, app and service is, however, provided for your information only and may not be construed as medical advice or instruction. No action or inaction should be taken based solely on the contents of this information; instead, visitors to the site and service-users should consult appropriate health professionals on any matter relating to their alcohol use and other matters concerned with their health and well-being.
2.2 If you are in any doubts about your own or someone else’s health and well-being, consult your GP, attend a walk-in centre or, in case of an emergency, call 999. All links from this website, app and service are provided for information and convenience only. We cannot accept responsibility for linked sites, or the information found there.
We collect personal information when you use the site or request advice, online support or information. We use this information to provide the support that you request and to monitor and improve our service.
3.1 What information may be collected about you?
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process certain types of personal data about you as follows:
We may also process Aggregated data from your personal data but this data does not reveal your identity and as such in itself is not personal data. An example of this is where we review your usage data to work out the percentage of website users using a specific feature of our site. If we link the aggregated data with your personal data so that you can be identified from it, then this is treated as personal data.
Some personal information (name, phone number, email and Skype address) is required to book an appointment with the Online Support Service. At your own discretion, you may give consent to provide us with additional personal information, including your address, postcode, date of birth, gender, ethnicity, and registered GP practice.
We need to collect the following sensitive data about you in order to deliver the online service:
We collect this level of personal information only where you request an appointment with the DrinkCoach Online Support Service. In order to confirm the appointment you will be required to enter your payment details via Paypal. We collect demographic, geographic, site, app and service usage data, user feedback and testimonials for statistical and research purposes. This will always be anonymised and will never be linked to your personal data in any public domain.
We collect this data via direct interactions: data communicated with your DrinkCoach during online sessions and data collected via forms that you complete as part of your sessions, for example drink diaries and feedback forms. At times, where agreed, you may communicate this data via email with your DrinkCoach.
3.2 How will this information be used?
Where you share personal information with us, we will use it to provide you with the services requested and to update our records, including following up with you about your drinking or corresponding with you regarding a complaint. We also use the anonymised information we collect to track usage of the website, app and/or service, conduct research into how effective the service is and to improve and promote the service.
Set out below is a description of the ways we intend to use your personal data and the legal grounds on which we will process such data. We have also explained what our legitimate interests are where relevant.
We may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please email us at email@example.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.
You will receive marketing communications from us if you have:
We will get your express opt-in consent before we share any personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or OR by emailing us at firstname.lastname@example.org at any time.
Where you opt out of receiving our marketing communications, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
3.3 Third parties
We will never sell your personal data to third parties. We may share your personal information with certain third parties but only in the circumstances set out below:
Where you request support or ask us to tell your GP your results, we will share your personal information with third parties (such as local alcohol service providers or your GP practice). Where you agree to be referred to a local alcohol treatment provider, we will share the information required to make that referral. These third parties must at all times provide the same levels of security for your personal information as we do and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Blenheim and for the purposes intended.
We may also supply your personal information to government bodies and law enforcement agencies but only: if we are required to do so by the requirements of any applicable law; if in our good faith judgment, such action is reasonably necessary to comply with legal process; to respond to any legal claims or actions; or to protect Blenheim, its service-users and/or the public interest.
We may also provide your personal information to our affiliated third parties for the purposes of processing and storing this data. This will always be based on our instructions and in compliance with our own confidentiality and security practices.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We are committed to protecting your privacy and use appropriate standards of technology and operational security to protect your information, including a Secure Server (based in London), network firewall connection and high strength passwords on all restricted information.
However, the Internet is not completely secure. Personal data submitted by means of the Internet is vulnerable to unauthorised access by unauthorised third parties. Submission of personal data using the Internet is always at your own risk. Whilst we take every reasonable and appropriate step to ensure that your personal information and data are stored securely, we will not be liable for disclosure of data due to errors in transmission or the fraudulent, negligent or other illegal acts of a third party, such as ‘”hacking,” “spamming,” or “spoofing.” We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so within 72 hours.
3.5 Will you transfer my personal data overseas?
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever personal data is transferred out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is implemented:
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
Please email us at email@example.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
3.6 Will I be sent information that I did not ask for?
No. You will only receive information if you request it and you will only be contacted for the purposes of your request. We will only communicate with you for the purposes of appointments and follow up. We will not use your contact details for further communications unless you request that we maintain contact.
3.7 Access to your personal information
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. You have a legal right to request a copy of the personal information that we hold about you. We want to make sure that your personal information is accurate, up-to-date and stored by us for an explicit purpose. You may ask us to request or remove inaccurate, unnecessary or out-of-date information.
Please note that we destroy all paper and electronic correspondence after eight years in line with Blenheim’s data retention policy. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:
You can see more about these rights at:
If you wish to exercise any of the rights set out above, please email us at firstname.lastname@example.org
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you would like a copy of the personal data that we hold about you, please email us at email@example.com or write to us at: Confidentiality Query, Blenheim Central Office, 210 Wandsworth Road, London, SW8 2JU.
4. Other websites and apps
Our website and app contain link to other websites or apps. These Terms and Conditions only apply to our website, app and services, so when you visit other organisation’s websites or apps you should refer to their own Terms and Conditions. We are not responsible for the quality or accuracy of content on third party websites, apps or services.
5. Complaints about confidentiality
If you think we are in breach of our responsibilities related to confidentiality and feel that we have failed to resolve the matter, you have the right to complain to the Information Commissioner. Call their helpline 0303 123 1113 or visit www.ico.gov.uk for more information on how to make a complaint.
6. Terms and Conditions for the Online Support Service
The terms and conditions for the Online Support Service are below. By signing up to the service, you are confirming that you have read, understood and accept these Terms and Conditions.
6.1 Who delivers the service and our commitment to you
Blenheim delivers the Online Support Service. Blenheim is a registered charity and company limited by guarantee based in the UK. Set up in 1964, Blenheim provides support to over 11,000 drug and alcohol users across London.
6.1.1 Our mission is to empower people to make change; ending dependency, harm and stigma by delivering high quality, evidence based substance misuse services and effective advocacy and campaigning.
6.1.2 All our workers delivering the Online Support Service to you are alcohol specialists with the relevant qualifications, training and experience. All our workers have completed a criminal records check and thorough recruitment checks. All our workers have been fully inducted into our policies and procedures and are contractually obliged to comply with them. All workers receive expert clinical supervision and managerial support.
6.1.3 We aim to send your email response to appointment bookings within three working days and for you to be seen with seven working days. Blenheim takes no responsibility for our email not reaching your inbox or your email not reaching our inbox. Responses times may be slower during busy periods.
6.2 What service we offer and who is eligible
6.2.1 You must be at least eighteen years of age and be a resident of the United Kingdom to consent for the Online Support Service.
6.2.2 The service is not appropriate for people with moderate to severe alcohol dependence or enduring mental health problems as we cannot provide the level or continuity of care necessary.
6.2.3 We offer customers up to six sessions of online alcohol support based on ‘brief lifestyle counselling’ and motivational interviewing techniques. These sessions cover your drinking history, the pros and cons of change, strategies for making changes to your drinking, a personalised change plan and on-going motivational support from your worker.
6.2.4 Where we assess you to be ineligible for the service at any time, we reserve the right to cease your sessions at any time.
6.2.5 The Online Support Service is not intended to replace the service of your GP or emergency services and is not responsible for providing emergency services, support outside of booked appointment times, physical health screening, and/or mental health or medical diagnoses.
6.2.6 The approach that we use in our one-to-one sessions with you, Motivational Interviewing (MI), has benefits and risks. It may involve discussing unpleasant aspects of your life and you may experience uncomfortable feelings, such as sadness, guilt, anger, frustration, loneliness, and helplessness. However, MI has a broad internationally recognised evidence base aiming to lead to better relationships, solutions to specific problems, and reductions in alcohol consumption. There are no guarantees of what you will experience. You are responsible for your own well-being and health physically, emotionally and psychologically during sessions and afterwards. The therapeutic relationship is intended to be supportive and sometimes challenging. There may be times, as in any human relationship, when things feel difficult and it seems hard to persevere. It is always our aim to ensure that you benefit from the sessions and make positive steps to change your drinking.
6.3 What we ask from you, including disclosure, booking, payment and cancellation of appointments
6.3.1 Disclosure of alcohol consumption and other needs
You agree not to attend an appointment under the influence of non-prescribed drugs or alcohol, or to bring children or pets with you. In such cases the session will most likely be terminated and charged as usual.
The service relies on self-reporting of your alcohol consumption and advice will only be given based on your accurate feedback. Under reporting of consumption, for instance, could lead to potential dangerous consequences. For example, sudden cessation or rapid reduction of alcohol consumption can lead to alcohol withdrawal syndrome, which is potentially life threatening.
By agreeing to these Terms and Conditions, you are aware of this and accept your duty to fully disclose your alcohol consumption and alcohol withdrawal symptoms and any other health/mental health/or support needs, so that we can determine your eligibility for the service.
Recording of the sessions is not permitted by us, you or any third party.
6.3.3 Email correspondence
By signing up to the service, you have agreed to receive email messages from us. The security of these messages cannot be guaranteed but will be sent from a password protected account from a computer in a private office. The user accepts all associated risks.
Your appointments are booked by you at a convenient time via the Timely booking system. Appointments are confirmed upon receipt of payment, usually via PayPal. An introductory email will be sent to you by the worker confirming the date and time in addition to providing you with an electronic user manual. For follow-up appointments, the time will be agreed with you at the end of each session.
Each session (including the initial assessment appointment) will last up to forty minutes unless otherwise agreed. No additional time can be given at the end if you are late for the session. The worker will keep strictly to the time. It is important to end your session promptly because the worker uses twenty minutes between appointments to write and review notes and prepare for the next client. Changes to appointments can be arranged via email. You must give at least 24 hours notice as cancellation policy (6.3.6.)
Payment for each of the consultations is required in full at the time of booking your appointment via Timely. Payment is made using PayPal.
Payment is for advice given, time for the consideration of the case and the actual consultations. Once this has been undertaken, no refunds will be given.
Invoices or receipts can be given on request. Charges will be made on a pro rata basis for any reports that we may be required to write or to read in connection with your support or for any support between sessions or in any contact with your GP or psychiatrist.
We reserve the right to change the session costs at any time.
A cancellation of an appointment more than 24 hours in advanced will be fully refunded if payment has already been made. Failure to cancel existing appointments with less than 24 hours notice or failure to show up at your arranged appointment will result in a cancellation fee being charged. This will be 50% of the fee which would have been payable and must be paid within seven days of the cancelled appointment. Cancellations must be made by telephone or email and payment made by PayPal.
If you are funded by a free or discounted scheme and do not cancel with more than 24 hours notice, then this will equate to one session being lost from the scheme.
6.4 Consent and data sharing
6.4.1 All information provided by you in relation to the Online Support Service is confidential to us except where one or more of sections 6.4.2, 6.4.3, 6.4.4 and 6.4.5 are applicable to you.
6.4.2 You expressly consent to us transferring information in the following circumstances:
6.4.3 In addition, when you expressly consent, we may transfer information when we consult with other professionals.
6.4.4 You expressly consent to Blenheim using your personal and sensitive data, in accordance with the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) for the purposes of delivering coaching or other services to you, and for managing and quality assuring those services.
6.4.5 Where you are a Haringey resident accessing Blenheim’s treatment services in Haringey or a West Sussex resident receiving free Online Support Service appointments funded by the Local Authority who is receiving free Online Support Service appointments, your information will be entered on a password protected patient record system, which is accessed by DrinkCoach staff on a need to know basis. Any paper documents produced as a result of the consultation process will be stored in accordance with Blenheim’s confidentiality policy and destroyed after eight years. You will sign express consent for this on accessing our face-to-face treatment services in Haringey and will agree to our consent and confidentiality policy on beginning your online sessions.
6.4.6 We advise you to print and store a copy of them for your information in the future.
6.5 What data we collect about you, and how we will use it
6.5.1 Except as set out in 6.5.2 and 6.5.3 below, all information provided by you in relation to the Online Support Service is confidential to Blenheim.
6.5.2 Your information will be entered on a patient record system. It is only used among DrinkCoach staff and access will only be made available to authorised staff on a need to know basis. You will be also consenting to anonymised data being used for evaluation and research purposes. Any paper documents produced as a result of the consultation process will be stored in accordance with Blenheim’s confidentiality policy and destroyed after eight years.
6.5.3 You expressly consent to us transferring information in the following circumstances:
6.5.4 In addition, when you expressly consent, we may transfer information when we consult with other professionals.
6.6 What steps we have taken to protect your information
You expressly consent to Blenheim using your personal and sensitive data, in accordance with the Data Protection Act 1998, for the purposes of delivering counselling or other services to you, and for managing and quality assuring those services.
Your information is stored on a secure, password protected database, accessed only by authorised staff and your information is processed in line with data protection legislation.
7. Legal considerations and position
7.1 Jurisdictional Issues
We control and operate this website, app and service from our facilities in the United Kingdom, and unless otherwise specified, the materials displayed on this website and app, and used by our workers are presented solely for the purpose of promoting products and services available in the United Kingdom and its territories. We do not represent that materials on this site, app or the service are appropriate or available for use in other locations. If you choose to access this site, app and service from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to indemnify, defend and hold us and our partners, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, expenses and costs, including reasonable legal fees, arising from your use of this site, app and service, your submissions to this site, or any violation of these Terms and Conditions, or applicable law, by you or a third party acting as you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and Conditions and the termination of your use of this site.
7.3 Disclaimer of Warranties
7.3.1 This site and its content and services are provided for informational purposes only. We provide this site on an "as is" and "as available" basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose and non-infringement). This means that we make no promises that:
7.3.2 We likewise make no warranties or representations regarding any products or services ordered or provided via this site, service or app. Any services provided via this site, service or app are provided "as is", except to the extent, if at all, otherwise set forth in a separate agreement entered into between you and us.
7.3.3 If you purchase a product or service from a third party after following an ad or link via our site, service or app, the terms of sale for your purchase are between you and the third party from whom you made the purchase. We are not responsible for such third party products or services or for disputes between you and their sellers.
7.3.4 You agree that use of this site is at your own risk. Although we try to ensure that the information posted on the site and provided by our workers is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available via this site, service or app, nor will we be liable for any inaccuracy or omission concerning any of the information provided via this site, service or app.
7.3.5 No advice, results or information, whether oral or written, obtained by you from us or through the site, service or app shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in services literature, frequently asked questions documents, support documentation, by our workers, by our customer service and support agents, and otherwise on the site or in correspondence with us or our partners. These disclaimers apply to us and our partners, as well as third parties, that are involved in the creation, production or distribution of the site, and any of their employees and agents.
7.4 Limitations of Liability
If you are dissatisfied with this site, app, or any materials, or services on this site, or with any of the site's, app’s or service’s Terms and Conditions, your sole and exclusive remedy is to discontinue using the site, app and/or service.
7.4.1 In no event will we or any of our partners, affiliates, or any of our or their directors, officers, employees, agents or content or service providers, be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use, this site or app (or the content, materials and functions provided as part of this site) or our services, whether in an action of contract, negligence, or strict liability, even if we knew, should have known or had been advised of the possibility of such damages.
7.4.2 Notwithstanding and without limiting the foregoing, you agree that our liability and the liability of our affiliates, and of any of our or their directors, officers, employees, agents or content or service providers, if any, arising out of any kind of legal claim in any way relating to the use of this site and our services, will not exceed the amount you have actually paid to us, if any, for use of the site, app and/or service, or, if applicable, for use of the specific site or app feature or service from which the claim in question first arose.
8.0 DrinkCoach 10% discount offer
8.1 The promoter is Blenheim CDP, which operates the DrinkCoach service. Blenheim’s registered office is at Cantilever Court, 210 Wandsworth Road, London, SW8 2JU.
8.2 This 10% discount offer applies to all DrinkCoach sessions until the offer expiry date. This discount must be redeemed upon booking and cannot be applied retrospectively.
8.3 This 10% discount offer is not available in conjunction with any other offer.
8.4 This 10% discount offer has no cash redemption value.
8.5 The promoter reserves the right to cancel or amend this discount offer and these terms and conditions without notice in the event of any actual or anticipated breach of any applicable law or regulation, or any other event outside of the promoter’s control.
8.6 All DrinkCoach service customers qualifying under these terms and conditions for this 10% discount offer are deemed to have accepted and agree to be bound by the terms and conditions of this offer.
8.7 This 10% discount offer is subject to the general DrinkCoach terms and conditions.
8.8 This offer is valid until 31st August 2018.
9. Changes to these Terms and Conditions
We review, modify and amend this policy regularly. We place any updates on this webpage. These Terms and Conditions were last updated on 1 June 2018.
10. How to contact us
Please contact us if you have any questions or comments about our Terms and Conditions or information that we hold about you
By email: firstname.lastname@example.org
Or write to us at: Terms and Conditions Query, Blenheim Central Office, 210 Wandsworth Road, London, SW8 2JU.
As seen in: