Introduction
Independent Mediators Ltd (“Independent Mediators”) is committed to respecting and protecting your privacy.
Please read the following information carefully. This privacy notice explains how Independent Mediators will collect, store, use and share the personal information you provide via our website, email or networking with our people and when you otherwise communicate with us (including in the course of the mediation services we provide or the running of our business). It also tells you how to contact us in the event you need further information.
Independent Mediators Ltd operates on the model of a barrister’s chambers. All our mediators are self-employed individuals whose practices are centrally managed by Independent Mediators Ltd.
All the mediators are shareholders and directors of Independent Mediators Ltd. Independent Mediators Ltd is responsible for providing the management and administrative support on behalf of all the mediators at Independent Mediators Ltd.
Normally, Independent Mediators Ltd receives data from the legal representatives of parties to mediations and not direct from those parties, except where such parties are acting in person.
Each individual mediator within Independent Mediators has their own Privacy Notice which applies to his / her handling of personal data. Your mediator’s Privacy Notice is accessible via our Privacy Notice page on this website.
The following notice applies to Independent Mediators Limited
Data Controller - who we are
Independent Mediators Ltd collects, uses and is responsible for personal information about you. When we do this we are the ‘controller’ of this information for the purposes of the General Data Protection Regulation and other applicable data protection laws. By giving us your personal information, you agree to the use of it as set out in this notice.
What information we collect
When carrying out the following activities:
• The management and administration of each mediator’s work – we may obtain your personal data, including special categories of personal data as defined in the General Data Protection Regulation (“GDPR”), for the purpose of appointing or potentially appointing one of the mediators to mediate a particular matter. This could include contact via telephone, email or other electronic correspondence, For example, if you seek an estimate of costs for a mediation or become a client of the firm, we will also need information about your matter and circumstances as well as contact information for you and other parties to the matter. The information that we need will be explained to you when confirming the mediation.
• Otherwise in the normal course of business – you may have provided Independent Mediators with your personal business details in relation to appointing a mediator or for the purposes of communicating regarding potential mediations or marketing/business development opportunities. This could include contact via telephone, email or other electronic correspondence,
• Contact forms – we may collect any personal information which you choose to provide when you fill in forms on http://www.independentmediators.co.uk/contact-us/. This may include, for example, your name, position, company, contact details (such as business email and telephone number) and your requirements specific to particular requests or services. We may use this personal data to respond to your queries, and/or provide the services and/or information that you have requested.
• Events – if you register for one of our events, we may share your name, professional title and your company details with other people that are attending the same event.
• Other marketing – we may have obtained limited personal data at an event or through an introduction by a third party or through mutual networking activity in person or via social media, email or other digital communications.
• Recruitment application – when you apply for a role with us you may provide us with your full name, date of birth, nationality, education and qualification details, your gender, your CV, photograph, passport details, marital status, home address and home telephone number, mobile telephone number and other details set out in your application
• In addition, if you visit www.independentmediators.co.uk/some limited personal data may also be collected. Web usage information such as IP address, time and duration of visits. Please see our Cookie Policy for more detail.
• otherwise through providing our mediation services or operating our business.
We collect the following personal information that you provide to us:
• your name and title
• contact information, including telephone number, postal address and email address
• information relating to your location, preferences and / or interests
• employment and job application details, e.g. date of birth, employment history, qualifications, equality monitoring information
• in certain circumstances, your and others’ signature(s), financial details such as bank account details
• in certain circumstances, data relating to health (including disabilities), ethnicity, race, religious beliefs, trade union membership and other ‘special category personal data’
• the content of any enquiry submitted over our website
• any other personal data we collect (such as the reference number which may be assigned to you) in the course of operating our business.
• other personal information relevant to instructions to provide mediation services, including information specific to the instructions in question.
• Details of visits to our website (which enable our website to remember information about you and your preferences). Please read our Cookies Policy for further details.
• Any other information relating to you which you may provide to us
Information collected from other sources.
We collect the following information from other sources:
• your name and title
• contact information, including telephone number, postal address and email address
• information relating to your location, preferences and / or interests
• in certain circumstances, your and others’ signature(s), financial details such as bank account details
• in certain circumstances, data relating to health (including disabilities), ethnicity, race, religious beliefs, trade union membership and other ‘special category personal data’
• any other personal data we collect (such as the reference number which may be assigned to you) in the course of operating our business.
• other personal information relevant to instructions to provide mediation services, including information specific to the instructions in question.
• Details of visits to our website (which enable our website to remember information about you and your preferences). Please read our Cookies Policy for further details.
If you give us personal information about another person, you should ensure that:
(a) you are legally entitled to give us that information;
(b) the disclosure is in accordance with any applicable data protection or privacy law; and
(c) such other person has also read this privacy policy
How we use this information
Independent Mediators may use your personal information for the following purposes:
i. To provide the requested service to you
ii. To respond to any query that you may submit to us
iii. to manage our relationship with you (and/or your business), including by maintaining our database of contacts and other third parties for administration, and accounting and relationship management purposes
iv. to complete our contractual obligations to you, or otherwise taking steps as described in our Mediation Agreement (including any associated administration)
v. to carry out any relevant conflict checks
vi. to keep accounting records
vii. to promote and market the services of the mediators
viii. to engage in marketing and business development activity in relation to our mediation services. This may include sending you newsletters, updates on our mediators and mediation, event invitations, marketing communications and other information that may be of interest to you. You have the right to opt-out of marketing emails at any time. See Section 11: Marketing Opt-Out.
ix. to ensure that our website’s content is presented in the most effective manner for you and your device
x. to recruit staff
xi. where you have applied for a position with Independent Mediators, to review and process your job application
xii. to assess applications for new mediators
xiii. to fulfil equality and diversity and other regulatory requirements,
xiv. to procure goods and services,
xv. to manage matters relating to employment, including payroll and pensions
xvi. to respond to requests for references
xvii. to respond to potential complaints or make complaints
xviii. to comply with any other professional, legal and regulatory obligations which apply to us or policies that we have in place use it to establish, exercise or defend our legal rights or for the purpose of legal proceedings
xix. record and monitor your use of our websites or our other online services for our business purposes which may include analysis of usage, measurement of site performance and generation of marketing reports
xx. use it for our legitimate business interests, such as undertaking conflict checks, business research and analysis, managing the operation of our websites and our business
xxi. use it to prevent and respond to actual or potential fraud or illegal activities.
xxii. for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey responses
xxiii. as we feel is necessary to prevent illegal activity or to protect our interests.
We do not use automated decision-making in the processing of your personal data.
Please bear in mind that if you choose not to provide personal data requested by us, or if you object to our processing your personal data, we may not be able to provide you with the information and/or services you have requested or otherwise fulfil the purpose(s) for which we have asked for the personal data.
Our legal bases for processing (using or storing) your personal information
The GDPR requires all those that process personal data to have a legal basis for doing so.
The lawful bases identified in the GDPR, and which provide our legal bases for processing your personal data, are:
• Performance of a contract with the data subject or to take steps to enter into a contract. We would not be able to provide services for you without this personal data.
• Compliance with a legal obligation.
• The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
• we are otherwise required or authorised by law.
• Where processing of ‘special category data’ is necessary in the context of the establishment, exercise or defence of legal claims.
• In certain circumstances, where we need to process ‘special category data’ in the context of our legal work but outside the scope of the point above, where we have obtained your express consent to do so. As we will explain at the time we collect your consent, you may withdraw it at any time in accordance with the information we provide to you at that time.
Legitimate interests as follows:
The legitimate interests purposes for which we process personal data are as follows:
• To administer the mediation services provided by mediators at Independent Mediators .
• To make, investigate, respond to or address complaints or concerns, including any legal or regulatory action.
• To ensure network and information security, including preventing unauthorised access to personal data.
• To assess and improve our services.
• For marketing purposes.
• our interests in managing our relationship with our contacts and ascertaining
Sharing your information
Your personal data will be accessible to employees, directors, officers and mediators at Independent Mediators on a need to know basis.
We have relationships with a number of third parties that we routinely share personal information with. This data includes:
Contact data, financial data (for example for processing payroll), Technical data (for example IP address), Usage data (use of our website)
For a list of these third parties please see the list below.
This data sharing enables us to:
• Provide information to third parties if you specifically request this
• provide our mediation services to you or to fulfil any contracts we enter with you
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property or safety of our website, our customers, or others.
The third parties include:
• our bank
• our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.
• our accountants
• external accreditation bodies
• in the event of complaints, the Executive Committee and members of Independent Mediators who deal with complaints and our industry body
• our data processors such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies, email security, IT and business support services
• our email marketing platform provider
• our website platform provider
• venues we use for events or mediations
• online job application provider
• analytics and search engine providers that assist us in the improvement and optimisation of our website
• legal directory publishers for the purposes of peer group review and feedback on the members of Independent Mediators
• observers to mediations – only where agreed with the parties in advance
• any third party you ask us to share your data with.
We will not rent or sell our users’ or other contacts’ details to any other organisation or individual.
Storage and retention of your personal information
If we collect your personal data the length of time for which it is retained is determined by a number of factors including the type of data, the purpose for which we use that data and our regulatory and legal obligations.
Independent Mediators will normally keep information supplied to us for up to seven years (this is based on requirements from professional indemnity insurers), from the date on which your employment terminates, the date of the last provision of services or the date of the last payment received, whichever is the latest. At this point any further retention will be reviewed and the information will be marked for deletion or marked for retention for a further period. The latter retention period is likely to occur only where the information is needed for legal proceedings, regulatory matters, active complaints or technical reasons. Deletion will be carried out as soon as reasonably practicable after the information is marked for deletion.
Client data
• Personal information supplied to us via email
Email correspondence (including attachments such as case summaries) is kept for up to seven years after which time it is deleted.
• Hard copy correspondence
Hard copy information (normally print outs of emails not original documents) is generally kept for up to two years as a backup in the event of a technical system problem. After this time hard copy papers are securely shredded.
• Mediation management database
All mediation information whether at enquiry stage or confirmed mediation stage is entered onto a database management system.
Contact information, including name, email address and phone number as well as party names are kept on this system. This information is kept for research, preventing conflicts of interests and statistical purposes. We ensure that appropriate safeguards are in place to protect privacy.
• Mediation Agreement, Mediation Details, Information form and Invoices raised for mediations
A copy of these for each mediation is kept electronically indefinitely as a record that the mediation took place.
• Names and contact details held for marketing purposes will be stored indefinitely or until we become aware or are informed that the individual has ceased to be a potential client.
Recruitment data
• Personal information held for recruitment purposes will be stored for one year after the post has been filled.
The third parties we engage to provide services on our behalf will keep your data stored on their systems for as long as is necessary to provide the services to you.
You can request that Independent Mediators suspend processing of your personal data or remove your personal data at any time. You can request rectification or erasure of your details. Please see Section 10: Your Rights for more information.
The personal data is processed at Independent Mediators’ administration office and in any other places where the parties involved with the processing are located.
To request a full copy of Independent Mediators data retention policy please email:
dataprotection@independentmediators.co.uk
Security of personal data
We are committed to ensuring that your information is secure. To help protect your personal information from unauthorised access or disclosure, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information we hold. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. Unfortunately, the transmission of information via the internet is not completely secure and although we do our best to protect your personal data, we cannot absolutely guarantee the security of your data.
We are also CyberEssentials certified. Cyber Essentials is a Government-backed, industry-supported scheme to help organisations protect themselves against common online threats.
Sending your personal data outside the EEA
It may be necessary to transfer your personal information outside the EEA or to an international organisation in order to operate email systems and email marketing.
A list of all third countries that your personal data may be transferred to can be found below:
• Independent Mediators use Microsoft Office 365 for email. Whilst servers are based in the EU it is replicated to other servers. Microsoft Office 365 complies with the EU-U.S. Privacy Shield. The EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://ec.europa.eu/info/law/law-topic/information-protection/information-transfers-outside-eu/eu-us-privacy-shield_en. Privacy Policy for Microsoft Office 365 located here: https://products.office.com/en-gb/business/office-365-trust-center-privacy
• The company we use to manage our mailing list The Rocket Science Group, LLC owners of MailChimp, are based outside of the European Economic Area. They also comply with the EU-U.S. Privacy Shield. The privacy policy of MailChimp is available at http://mailchimp.com/legal/privacy/
If you would like any further information please contact us:
Nicky Doble – CEO, Independent Mediators Ltd
Email: dataprotection@independentmediators.co.uk or
Call: 020 7127 9223
Your rights
Under the General Data Protection Regulation, you have a number of important rights that you can exercise free of charge. In summary, these rights are:
- Transparency over how we use your personal data and fair processing of your information;
- Access to your personal information and other supplementary information;
- Require us to correct any mistakes or complete missing information we hold on you;
- Require us to erase your personal information in certain circumstances;
- Receive a copy of the personal information you have provided to us or have this information be sent to a third party, this will be provided to you or the third party in a structured, commonly used and machine readable format;
- Object at any time to processing of your personal information for direct marketing;
- Object in certain other situations to the continued processing of your personal information;
- Restrict our processing of your personal information in certain circumstances;
- Request not to be subject to automated decision making which produce legal effects that concern you or affect you in a significantly similar way;
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.
If you want to exercise any of these rights, please:
Email, call our write to us:
Nicky Doble – CEO, Independent Mediators Ltd
Email: dataprotection@independentmediators.co.uk or
Call: 020 7127 9223
Provide information so that we can identify you such as a copy of your passport. We may need to contact you to request further information to verify your identity; Let us have proof of your identity and address; State the right or rights that you wish to exercise.
We will respond to you within one month from when we receive your request.
If a data subject believes that the Controller has not complied with their data protection rights, they can complain to the Information Commissioner’s Office (ICO).
Opting out of marketing
Please note if you wish to unsubscribe from any email you can do so by following the instructions below. It may take 10 days for this to become effective.
You may opt out of marketing communications at any time by using the “unsubscribe” option included in any marketing e-mail sent by us or by emailing: dataprotection@independentmediators.co.uk.
Cookies
Our website uses cookies. Please see our Cookie Policy for details.
Links to third party websites
Our website includes links to third-party websites, if you follow a link to any such website, we do not accept any liability or responsibility, because these websites have their own terms & conditions and privacy policies. You should read these other sites’ privacy policies.
Future Processing
We do not intend to process your personal information for any reason other than stated within this privacy notice. If this changes, the privacy notice will be amended and placed on Independent Mediators’ website.
Changes to this Privacy Notice
This privacy was published on 18 May 2018 and last updated on 17 May 2018. We constantly review our internal privacy practices and may change this policy from time to time. When we do we will inform you by putting a notice on the Independent Mediators website.
How to contact us about data protection matters
We want you to have total control over how you hear from us. You can update your personal information and your contact preferences by contacting our CEO who oversees data protection matters on behalf of Independent Mediators Ltd:
Nicky Doble – CEO, Independent Mediators Ltd
Email: dataprotection@independentmediators.co.uk or
Call: 020 7127 9223