Please read the following information carefully. This privacy notice contains information about the information collected, stored and otherwise processed about you and the reasons for the processing.
Please note that processing data does not mean that someone is intentionally moving data from one place to another. That may be the case but the term actually includes any movement of data through any IT system even where neither party knows that it is moving. Accordingly, much data becomes personal data only when it is associated with your name or address or other data which is closer to you.
This document also tells you who we share this information with, the security mechanisms we have put in place to protect your data and how to contact us in the event you need further information.
This document has been prepared carefully so as to be absolutely compliant with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR). Simply because we have to cover every eventuality does not mean that the data we collect about you will be different from what you would normally expect. Please understand that mediation work does involve "processing" information which is sometimes extremely personal.
Who Am I?
I am Andrew Taylor, trading as "the Mediator". In this document I refer to "we / our / us" meaning myself and my staff. I am a solicitor, but I do not currently practice law.
In the course of my mediation practice, I inevitably receive personal information about you. That makes me the "controller" of this information for the purposes of the GDPR and the Act.
This document sets out how I and my staff might use and retain your data.
If you need to contact me about your personal data please send us a message to firstname.lastname@example.org
1- What we do with your information
When carrying on our business and practice, processing your data and providing a service, it is possible that we may collect some or all of the following personal information that you provide:
- personal details
- family details
- lifestyle and social circumstances
- goods and services
- financial details
- education, training and employment details
- physical or mental health details
- information deemed to be "special category" information, such as your racial or ethnic origin, sex life or sexual orientation, political opinions, religious, philosophical or other beliefs
- data we unavoidably process because it enters our IT system automatically in the course of communication.
- other personal data relevant to instructions to provide mediation services, including data specific to your instructions.
2- Information collected from other sources
The same categories of information may also be obtained from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts and other tribunals, investigators, government departments, regulators, and public records and registers.
3- How we use your personal information: Purposes
We may use your personal information for the following purposes:
- to provide mediation services, including the provision of legal advice;
- to keep accounting records and carry out office administration;
- to respond to potential complaints or make complaints;
- to check for potential conflicts of interest in relation to future potential cases;
- to promote and market our services, but where this is done you will be anonymised where appropriate;
- to carry out anti-money laundering and terrorist financing checks;
- to train other mediators and when providing work-shadowing opportunities;
- as required or permitted by law.
4- The legal basis for processing your personal information
We rely on the following as the lawful bases on which we collect and use your personal information:
4.1 If you have consented to the processing of your personal information, then we may process your information for the purposes set out above to the extent to which you have consented to us doing so.
4.2 If you are a mediation participant, processing is necessary for the performance of a contract for mediation services or in order to take steps at your request prior to entering into a contract.
4.3 In relation to information which is in the special category, we rely on your consent for any processing for the purposes set out above. We need your consent to carry out processing of this data for these purposes. However, if you do not consent to processing for purpose of responding to potential complaints we will be unable to serve you. This is because we need to be able to retain all the material about your case until there is no prospect of a complaint.
4.4 In relation to information which is not in the special category, we rely on our legitimate interest and / or the legitimate interests of a third party in carrying out the processing for the purposes set out above.
4.5 In certain circumstances processing may be necessary in order that we can comply with a legal obligation to which we are subject.
5- Who will we share your personal information with?
Some of the information you provide will be protected by legal professional privilege unless and until the information becomes public in the course of any proceedings or otherwise.
It may be necessary to share your information with the following:
- data processors, such as IT support staff, email providers, data storage providers;
- your conflict party – only subject to your specific instructions
- legal professionals who act for you alone;
- experts and other witnesses;
- courts and tribunals - only if called upon
- our staff;
- trainee mediators - rare and subject to your precise consent in advance;
- family and associates of the person whose personal information we are processing;
- regulatory authorities.
We may also be required to disclose your information to the police or intelligence services, where required or permitted by law.
6- For how long will we store your personal data?
We have no legal obligation to you to store your information for a particular period of time nor to delete such of your information as we are permitted to store, within a particular timescale. However, we will normally store all your information:
Until at least one year after the expiry of any relevant limitation period (which will usually be six years, but may be 12 years or longer where the case includes information relating to a minor), from the date of the last item of work carried out, the date of the last payment received or the date on which all outstanding payments are written off, whichever is the latest. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.
Names and contact details held for marketing purposes will be stored indefinitely or until we become aware or are informed that you have ceased to be a potential client.
As explained above, we are relying on your explicit consent to process your information in the special category. You provided this consent when you instructed us for mediation services.
You have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity we have carried out prior to you withdrawing your consent. However, where we also rely on other bases for processing your information, you may not be able to prevent processing of your data.
8- Your Rights
Under the GDPR, you have a number of rights that you can exercise in certain circumstances. These are free of charge. In summary, you may have the right to:
8.1 Receive a copy of the personal information you have provided to us or have this information sent to a third party. This will be provided to you or the third party in a structured, commonly used and machine readable format, e.g. a Word file;
8.2 Ask for correction of mistakes in your data.
8.3 Ask for your personal information to be erased, in certain circumstances;
8.4 Object at any time to processing of your personal information for direct marketing;
8.5 Object in certain other situations to the continued processing of your personal information;
8.6 Restrict processing of your personal information in certain circumstances;
If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on Individual's rights under the GDPR.
Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit a 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.
Our website uses third party cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.
An example is that we use Google Analytics to measure the performance of our website.
We may use the information we obtain from your use of our cookies for the following purposes:
to improve the website's usability;
to analyse your use of our website;
to provide certain interactive functionality, such as remembering your answers to previous questions on a multi-page questionnaire.
Most of browsers allow you to refuse to accept cookies, and to delete ones that have been placed on your computer.
10- Data may be processed outside the European Union
Our website is hosted in the UK
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.
11- Marketing Emails
Please note if you wish to unsubscribe from any marketing email that you have signed up for, you can do so by emailing email@example.com it may take 5 working days for this to become effective.
12- How to make a complaint?
The GDPR also gives you the right to lodge a complaint with the Information Commissioners' Office. The Information Commissioner's Office can be contacted at http://ico.org.uk/concerns
13- Changes to this privacy notice
This privacy notice was published on 01 April 2019 and last updated on that date.
We continually review our privacy practices and may change this policy from time to time. When we do it will be placed on the website.