Privacy Notice

Mediation Surrey CIO – Terms and conditions & Privacy Notice

 WHAT IS THE PURPOSE OF THIS DOCUMENT?

 Section A sets out our general terms and conditions of use of our website.

 Section B sets out our privacy notice.

 Section C sets out our policy on cookies.

 A TERMS AND CONDITIONS

Who we are – We are Mediation Surrey CIO (“Mediation Surrey”). We are registered in England and Wales as a charitable incorporated organization with charity number 114469 and our registered office is at The Woodhatch Centre, Whitebeam Drive, Reigate RH2 7LS.

The use of this website is subject to the following terms and conditions which you should read carefully. By using the website, users are deemed to have full knowledge of these terms and conditions and to accept them.

Our website – We do our best to ensure that the web site operates properly at all times, but we make no warranties as to the availability or accessibility of the web site, and (save as otherwise set out in these terms and conditions) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the web site.

Information only – The information published on our website is provided as a convenience to visitors and should be used for information purposes only and is subject to change without notice. The information contained on this website, or in any document on this website from time to time, is provided for information only.

No warranties or representations – While Mediation Surrey uses reasonable efforts to ensure that the information contained on its website is current and accurate at the date of publication, no warranties or representations are made, either expressed or implied, as to reliability, accuracy or completeness of the information. Mediation Surrey accepts no liability for any loss arising directly or indirectly from the use of or action taken in reliance on such information. These documents should not be copied, reproduced or redistributed, in whole or in part.

No warranty is given as to the freedom of this website from errors, defects, viruses, malicious programs or macros. Links from this website exist for information only and Mediation Surrey accepts no responsibility or liability for the information contained on any such site. The existence of a link to another website does not imply or express endorsement of its provider, product or services by Mediation Surrey.

Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury or fraud.

Intellectual property – All intellectual property rights and goodwill in or relating to the contents of the web site belong to either ourselves or to our suppliers.

Mediation Surrey is a trade mark of Mediation Surrey CIO. Nothing contained in these conditions or the web site should be construed as granting by implication, estoppel, personal bar, or otherwise, any license or right to use any of Mediation Surrey’s trade marks without our permission.

You may not copy or otherwise incorporate into or store in any other web site, electronic retrieval system, publication or other work any of the content of the web site in any form (whether hard copy, electronic or other). You may not frame or link to the web site or any part of it without our express permission.

We may use information obtained about you from cookies (files which are sent by us to your computer or other access device) which are created when you visit our site. The type of cookies that we use (known as session cookies) only give us information about which pages you have visited – they do not store any personal information about you. To find out more about cookies see below at section C.

 Governing law and jurisdiction – These terms and conditions, any contract arising between you and Mediation Surrey, or any services provided by Mediation Surrey to you and any dispute or claim arising out of or in connection with these terms and conditions, its subject matter or those services, whether of a contractual or non-contractual nature (including any dispute regarding the existence, validity or formation of a contract under the terms of this legal notice), shall be governed by and construed in accordance with English law. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this legal notice but we retain the right to bring any suit, action or proceeding against you for breach of this legal notice in your country of residence or any other country.

 B PRIVACY NOTICE

Mediation Surrey is committed to protecting the privacy and security of your personal information.  This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR).  It applies to all clients and other users of our website (“Users”).

 Mediation Surrey is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

 This notice applies to current and, where relevant, former Users. This notice does not form part of any service offering from Mediation Surrey to you. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical by posting a further copy on our website, www.mediationsurrey.org.

 It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.

 DATA PROTECTION PRINCIPLES

We will comply with data protection law. This says that the personal information we hold about you must be:

1. Used lawfully, fairly and in a transparent way.

2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

3. Relevant to the purposes we have told you about and limited only to those purposes. 

4. Accurate and kept up to date. 

5. Kept only as long as necessary for the purposes we have told you about. 

6. Kept securely.

 THE KIND OF INFORMATION WE HOLD ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.

 We will collect, store, and use the following categories of personal information about you:

  •  Personal contact details such as name and business or personal email addresses
  • Mediation / Coaching case details and any final mediation agreement

 We may also collect, store and use the following more sensitive types of personal information:

  • None expected

 HOW IS YOUR PERSONAL INFORMATION COLLECTED?

We collect personal information about customers through the website or telephone enquiry facilities, through personal interaction with you and via our email inbox facility.

 HOW WE WILL USE INFORMATION ABOUT YOU

We will only use your personal information when the law allows us to or we have received your consent to do so.  Most commonly, we will use your personal information in the following circumstances:

1. Where we need to perform services on offer you.

2. Where we need to comply with a legal obligation.

3. Where it is necessary for legitimate interests pursued by us or a third party and your vital interests and fundamental rights do not override those interests. 

We may also use your personal information in the following situations, which are likely to be rare: 

1. Where we need to protect your vital interests (or someone else’s vital interests).

2. Where it is needed in the public interest or for official purposes.

Situations in which we will use your personal information

 We need all the categories of information in the list above primarily to allow us to perform the services on offer to you [*] and to enable us to comply with legal obligations [**]. In some cases we may use your personal information to pursue legitimate interests [***], provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below. We have indicated by asterisks the purpose or purposes for which we are processing or will process your personal information, as well as providing a description of which categories of data are involved. Where a legitimate interest is involved, we state what the legitimate interest is.

  •  To perform and manage our services with you. *
  •  Business management and planning, including accounting and auditing. **
  •  Dealing with legal disputes involving you ***
  •  To prevent fraud. **
  •  To send newsletters and other marketing information to you where we have your consent to do or where you have not consented but we are otherwise entitled to send marketing communications under applicable data protection law, in accordance with our legitimate interests.
  •  To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution. ***

 Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

 If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the services on offer to you, or we may be prevented from complying with our legal obligations.

 Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

 Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 PARTICULARLY SENSITIVE PERSONAL INFORMATION

Special categories” of particularly sensitive personal information, such as information about your health, racial or ethnic origin, sexual orientation or trade union membership, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances: 

1. In limited circumstances, with your explicit written consent. 

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

 Situations in which we will use your sensitive personal information

In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising our legal obligations.

 AUTOMATED DECISION-MAKING

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

1. Where it is necessary to perform the services on offer to you and appropriate measures are in place to safeguard your rights. 

2. Where it is used to create a unique user webpage for you based on your previous search history

3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights. 

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.

 You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

 Situations in which we will use automated decision-making

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

 DATA SHARING

We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law. 

We may transfer your personal information outside the EU.  

If we do, you can expect a similar degree of protection in respect of your personal information.

 Why might you share my personal information with third parties?

 We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

 Which third-party service providers process my personal information?

”Third parties” includes third-party service providers (including contractors, referral agencies and designated agents). The following activities are carried out by third-party service providers: accounting and audit services, payroll services, providers of web platform hosting and development, providers of case management systems, IT services.

 How secure is my information with third-party service providers and other entities in our group?

All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

 What about other third parties?

We may share your personal information with other third parties, for example for statistical purposes. In this situation we will only share anonymised data with the other parties before the transaction completes. 

 We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to the Charities Commission, Information Commissioner’s Officer and HMRC.

 Transferring information

We will transfer the personal information we collect about you only to countries within the EU or to countries outside the EU where there is a valid Privacy Shield certification in place in order to perform the services on offer to you. This means that all countries to which we transfer your data are deemed to provide an adequate level of protection for your personal information.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

 We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

 We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

 DATA RETENTION

How long will you use my information for?

We will only retain your personal information 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. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

 In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

 RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes.

 Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “data subject access request”).  This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. 
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes. 
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it. 
  • Request the transfer of your personal information to another party

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Boundary Real Estate Partners Ltd in writing at the registered office.

 No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive.  Alternatively, we may refuse to comply with the request in such circumstances.

 What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

 RIGHT TO WITHDRAW CONSENT

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Mediation Surrey CIO at the registered office Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

 C COOKIES

Cookies are small text files which are transferred from our website and stored on your device. We use cookies to help us provide you with a personalised service, and to help make our website better for you.

Our cookies may be session cookies (temporary cookies that identify and track users within our website which are deleted when you close your browser or leave your session on the website or persistent cookies (cookies which enable our website to “remember” who you are and to remember your preferences within our website and which will stay on your computer or device after you close your browser.

We use the following different types of cookies:

 Strictly necessary cookies

These are cookies which are needed for our website to function properly, for example, these cookies allow you to access secure areas of our website or to remember what you have put into your shopping basket.

Performance cookies and analytics technologies

These cookies collect information about how visitors and users use our website for instance which functionality visitors use most often, and if they get error messages from areas of the website. These cookies don’t collect information that identifies a visitor or user. All information these cookies collect is aggregated and therefore anonymous. We only use these cookies to improve how our website.

 Functionality cookies

We do not currently use functionality cookies that allow our website to remember choices you make or otherwise provide enhanced, more personal features.

 Web beacons and parameter tracking

We also use cookies and similar software known as web beacons to count users who have visited our website after clicking through from one of our advertisements on another website or in emails and to collect details of any products or services purchased. These web beacons collect limited information which does not identify particular individuals. It is not possible to refuse the use of web beacons. However, because they are used in conjunction with cookies, you can effectively disable them by setting your browser to restrict or block cookies.

 IP Address and traffic data

Google Analytics Description

Google Analytics uses “cookies”, to help the website analyse how users use the websites, applications or services. The information generated by the cookie about your use of the websites, applications or services (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the websites, applications or services compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser or within the application, however please note that if you do this you may not be able to use the full functionality of this website. By using our websites, applications or services you consent to the processing of data about you by Google in the manner and for the purposes set out  above. To find out more, see “How Google uses data when you use our partners’ sites or apps”, (located at  www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time).

To opt out of being tracked by Google Analytics across all websites  visit: http://tools.google.com/dlpage/gaoptout.

How to disable cookies

You may be able to configure your browser or our website to restrict cookies or block all cookies if you wish, however if you disable cookies you may find this affects your ability to use certain parts of our website. For more information about cookies and instructions on how to adjust your browser settings to accept, delete or reject cookies, see the www.allaboutcookies.org website.

 DATA PROTECTION OFFICER

If you have any questions about this privacy notice or how we handle your personal information, please contact Mediation Surrey at dataprotection@mediationsurrey.org. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact Mediation Surrey by writing to the Company’s registered office from time to time or by email to dataprotection@mediationsurrey.org.

 

Mediation Surrey

Mediation Surrey

info@mediationsurrey.org

03301 340 260

Charity No. 1184469