Lambda Mediation is committed to protecting the privacy and security of your personal data. This Privacy Notice describes how we collect, use and look after your personal data. It also tells you about your rights and how the law protects you....
1. Important information
Lambda Mediation is the controller and responsible for your personal data and the person responsible to whom any queries or requests should be directed is Lesley Baker, who can be contacted at the main office at Ger Yr Ywen House, Llanerfyl, Welshpool,SY21 0EG or at firstname.lastname@example.org.
You have the right to make a complaint at any time to the ICO (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Your duty to inform us of changes
It is important that the data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.
2. The data we collect about you
We may collect, use, store and transfer the types of personal data about you listed in Appendix 1. Appendix 5 sets out where and how that data is stored.
Failure to provide personal data
Clearly we need your personal data in order to fulfil our contract with you to provide mediation services and, if you fail to provide it, we may not be able to perform that contract and may have to cancel it. We will notify you of this at the relevant time.
3. How personal data is collected
We are usually provided with your data by the person requesting mediation or their representative.
4. How we use your personal data
We will only use your personal data when the law allows us to. Please see Appendix 2 for the lawful basis upon which we process your data. Most commonly, we will use your personal data:
- to perform the contract we are to enter into or have entered into with you;
- to comply with a legal obligation; and
- where it is necessary to carry out our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your information.
5. Disclosure of your personal data
We may have to share your personal data with third parties further details of which are set out in Appendix 4. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes. They can only process your personal data for specified purposes and in accordance with our instructions.
6. Data security
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. We also limit access to your personal data to those employees, agents, contractors and other third parties who need to know and they can only process your personal data on our instructions and will be subject to a duty of confidentiality.
We have procedures in place 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.
7. Data retention
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, conflict of interest or reporting requirements.
We will retain your file for 6 years in case of queries about the decisions made. We are legally required 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 and will retain contact and identity details indefinitely for conflict of interest checks.
8. Your legal rights
You have certain rights in certain circumstances under data protection law. These are set out in full in Appendix 3. If you wish to exercise any of your rights, please contact Lesley Baker.
We may request specific information from you to help us confirm your identity when you contact us to ensure that personal data is not disclosed to any person who does not have the right to receive it.
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.
Types of personal data
Address, email address and telephone number
Payment card details and, for the purposes of disclosure in financial mediation, full financial information which is retained in redacted form.
Provided by the client by way of disclosure
first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
details about payments you have made to us
All information you give us during mediation meetings relevant to your case including but not exclusively covered in our handwritten notes, flip charts, typed Notes and Summaries, which are all privileged.
Lawful basis for processing and processing activities
The lawful basis upon which we may rely on to process your personal data are:
the processing is necessary for us to perform our contractual obligations with you under our contract, or because you have asked us to take specific steps before entering into a contract with you.
the processing is necessary for us to comply with legal or regulatory obligation.
the processing is necessary for our or a third party’s legitimate interest in order to comply with our contract with the other person
Your legal rights
You have the following legal rights in relation to your personal data:
Access your Data
you can ask for access to and a copy of your personal data and can check we are lawfully processing it
you can ask us to correct any incomplete or inaccurate personal data we hold about you
you can ask us to delete or remove your personal data where:
(a) there is no good reason for us continuing to process it;
(b) you have successfully exercised your right to object (see below);
(c) we may have processed your information unlawfully; or
(d) we are required to erase your personal data to comply with local law.
We may not always be able to comply with your request for specific legal reasons, which will be notified to you at the time of your request.
you can object to the processing of your personal data where:
(a) where we are relying on our legitimate interest (or those of a third party) as the basis for processing your personal data, if you feel it impacts on your fundamental rights and freedoms;
In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms and in such circumstances, we can continue to process your persona data for such purposes.
you can ask us to us to suspend or restrict the processing of your personal data, if:
(a) you want us to establish the accuracy of your personal data;
(b) our use of your personal data is unlawful, but you do not want us to erase it;
(c) you need us to hold your personal data (where we no longer require it) as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your personal data, but we need to verify whether we have overriding legitimate grounds to use it.
Request a Transfer
you can request a transfer of your personal data which is held in an automated manner and which you provided your consent for us to process such personal data or which we need to process to perform our contact with you, to you or a third party. We will provide your personal data in a structured, commonly used, machine-readable format.
Third Party Processors
We may from time to time need to share your data with the following groups of people for the purposes of fulfilling the contract or our administrative and legal requirements.
acting as processors or joint controllers including lawyers, bankers, auditors, insurers and professional consultants based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, Regulators and other Authorities
acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
Card Processing Service
For the purposes of taking payment of our fees
File destruction service
For the purposes of ensuring paper files are destroyed securely
Interpreters, financial advisers etc
To assist in the mediation process
Where evidence of risk to a child is brought to our attention
Locked filing cabinet - Full paper file for current matters including all notes, flip charts etc, payment card details. Back up and archive data sticks.
Mediator's computer and electronic back up - Full electronic file for current matters of all typed information under client folder. Client Record, Bill Summary and other administrative records containing clients’ names only.
Archive data stick - Full electronic file for closed matters for 6 years and then Client detail sheet with names, addresses and telephone numbers only for conflict of interest checks
Mediator's mobile phone - Client names and numbers.
All electronic storage including mobile phones and data sticks are password protected.