(Last updated May 2018)
Essex Mediation Services Direct Ltd treats the privacy of its clients and website users very seriously and we take appropriate security measures to safeguard your privacy. This policy explains how we protect and manage any personal data* you share with us and that we hold about you, including how we collect, process, protect and share that data.
*Personal Data means any information that may be used to identify an individual, including but not limited to, a first and last name, a home or other physical address and an email address or contact information, whether at work or at home.
Our Privacy Promise
- To keep your data safe and private
- To only pass your data on to others with your express agreement;
- Not to sell your data.
How we obtain your personal data
Information provided by you
You provide us with personal data either at your meetings with your mediator or via an online application or over the telephone. This includes name, address, date of birth, email address, bank and other payment details. We use this information in order to assess payment for our services and to manage and administer your case. Other personal information we may require is your family’s medical condition and any legal actions you are involved in whether Criminal or Civil (because they may have an effect on your mediation outcome).
In the event of an All Issues Mediation or Property and Finance Mediation, we may also ask you to produce evidence of income, expenditure, savings, assets and debts in order for us to produce, on your behalf, a full, frank and true disclosure of Assets and Liabilities which may be submitted by you to a lawyer or a Court for consideration.
We may also keep information contained in any correspondence you may have with us by post or by email. We do not record telephone conversations.
The provision of some or all of this personal data is essential for us to be able to administer and progress your mediation, including verifying your identity. This means that the legal basis of our holding your personal data is for the performance of a contract.
Information we get from other sources
We only obtain information from third parties if this is permitted by law. We may also use legal public sources to obtain information about you, for example, to verify your identity.
This information (including your name, address, email address, date of birth, etc.) as relevant to us, will only be obtained from reputable third-party companies that operate in accordance with the General Data Protection Regulation (GDPR) e.g. solicitors. You will already have submitted your personal data to these companies and specifically given permission to allow them to pass this information to other companies that provide similar or comprehensive products and services to those we offer.
How we use your personal data
We use your personal data to manage and administer your mediation as a processor for your mediator. We also act as controller and processor in regard to the processing of your payment instructions. We undertake at all times to protect your personal data including any health and financial details, in a manner which is consistent with your mediator’s duty of professional confidence and the requirements of the General Data Protection Regulation (GDPB) concerning data protection. We will also take reasonable security measures to protect your personal data in storage.
Do we use your personal data for marketing purposes?
Any information that you choose to give us will not be used for marketing purposes by us. We will hold your personal data only for the purposes of administering and managing your mediation.
Information about cookies
We will only disclose your information with other third parties with your express consent with the exception of the following categories of third parties:
Categories of third parties
- regulatory authorities and other fraud prevention agencies for the purposes of fraud prevention and to comply with any legal and regulatory issues and disclosures;
- crime prevention agencies and/or social services in the event of any of parties involved in the mediation being under threat or at physical risk;
- any contractors and advisors that provide a service to us or act as our agents on the understanding that they keep the information confidential;
- anyone to whom we may transfer our rights and duties under any agreement we have with you;
- any regulatory request (including recognised practitioner bodies) if we have a duty to do so or if the law allows us to do so.
Transfer of your personal data outside of the European Economic Area (EEA)
We do not currently transfer any personal data outside the EEA. lf in the future we transfer your personal data. in accordance with the terms of this Policy outside of the EEA we will make sure that the receiver agrees to provide the same or similar protection as we do and that they only use your personal data in accordance with our instructions. lf you require further information regarding such transfers, please write to the Data Protection Officer at Essex Mediation Services Direct Ltd, Elizabeth House, 28 Baddow Road, Chelmsford, Essex, CM2 0DG or emaiI: firstname.lastname@example.org.
How long do we keep this information about you?
We keep information in line with the retention policy of our company, Essex Mediation Services Direct Ltd., normally six years. This retention period is in line with the length of time we need to keep your personal information in order to manage and administer your mediation and handle any matters that arise from it. It will also take into account our need to meet any legal, statutory and regulatory obligations. These reasons can vary from one piece of information to the next. In all cases our need to retain your personal information will be reassessed on a regular basis and information which is no longer required will be erased or destroyed.
Data subject rights
Subject access requests
The General Data Protection Regulation (GDPR) grants you (hereinafter referred to as the ’data subject’) the right to access particular personal data that we hold about you. This is referred to as a subject access request. We shall respond promptly and certainly within one month from the point of receiving the request and all necessary information from you. Our formal response shall include details of the personal data we hold about you including the following:
- sources from which we acquired the information;
- the purpose for processing the information and
- persons or entities with whom we are sharing the information.
Right to rectification
You, the data subject, shall have the right to obtain from us, without undue delay, the rectification of inaccurate personal data we hold concerning you. Taking into account the purpose of the processing, you, the data subject, shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure
You, the data subject, shall have the right to obtain from us the erasure of personal data concerning you without undue delay.
Right to restriction of processing
Subject to exemptions, you, the data subject, shall have the right to obtain from us restriction of processing where one of the following applies:
a. the accuracy of the personal data is contested by you, the data subject, and is restricted until the accuracy of the data has been verified;
b. the processing is unlawful and you, the data subject, oppose the erasure of the personal data and instead request the restriction in its use;
c. we no longer need the personal data for the processing, but it is required by you, the data subject, for the establishment or defense of legal claims;
d. you, the data subject, have objected to the processing of your personal data pending the verification of whether there are legitimate grounds for us to override these objections.
Notification obligation regarding rectification or erasure of personal data or restriction of processing
We shall communicate any rectification or erasure of personal data or restriction of processing as described above to each recipient to whom the personal data has been disclosed unless this proves impossible or involves a disproportionate effort. We shall provide you, the data subject, with information about those recipients if you request it.
Right to data portability
You, the data subject, shall have the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit the data to another controller without hindrance from us.
Right to object
You, the data subject, shall have the right to object to our use of your personal information, or to ask us to delete, remove or stop using your personal information if there is no need for us to keep it. This is known as the ‘right to object’ and the ‘right to erasure’ or the ‘right to be forgotten’. There may be grounds relating to your particular situation at any time, why you wish to object to the processing of personal data concerning you, including any personal profiling. Unless this relates to processing that is necessary for the performance of a task carried out in the public interest or an exercise of official authority vested in us, we shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of you, the data subject, or for the establishment, exercise or defense of legal claims.
Right to not be subject to decisions based solely on automated processing
We do not carry out any automated processing.
Invoking your rights
If you would like to invoke any of the above data subject rights with us, please write to the Data Protection Officer at Essex Mediation Services Direct Ltd, Elizabeth House, 28 Baddow Road, Chelmsford, Essex, CM2 0DG or emaiI: email@example.com
Accuracy of information
In order to provide the highest level of client service possible, we need to keep accurate personal data about you. We take reasonable steps to ensure the accuracy of any personal data or sensitive information we obtain. We ensure that the source of any personal data or sensitive information is clear and we carefully consider any challenges to the accuracy of the information. We also consider when it is necessary to update the information, such as name and address changes and you can help us by informing us of these changes when they occur.
Questions and Queries
If you have a complaint
If you have a complaint regarding the use of your personal data or sensitive information then please contact us by writing to the Data Protection Officer at Essex Mediation Services Direct Ltd, Elizabeth House, 28 Baddow Road, Chelmsford, Essex, CM2 0DG or emaiI: firstname.lastname@example.org
If your complaint is not resolved to your satisfaction and you wish to make a formal complaint to the Information Commissioner’s Office (ICO), you can contact them on 01625 545745 or 0303 123 1113. You also have the right ta o judicial remedy against a legally binding decision of the ICO when you consider that your rights under the regulation have been infringed as a result of the processing of your personal data. You have the right to appoint a third party to lodge the complaint on your behalf and exercise your right to seek compensation.