A VERY BORING BUT NECESSARY PRIVACY NOTICE
‘I,’ ‘me’ or ‘my’ means Emma Ferguson's opinions. ‘We’ or ‘our’ means Emma Ferguson and Joy Provision. ‘Clients’ refers to individuals in a therapeutic relationship with me or individuals who have attended our workshops or events. 'Emails' means emails from us detailing our workshops and/or events. 'Subscribers' means individuals who have subscribed to receive our emails. ‘Your’, ‘you’ means Clients and/or Subscribers as applicable.
The notice below refers retrospectively to Clients and/or to Subscribers in relation to how we treat your data. We are committed to safeguarding your privacy. At all times we aim to respect any personal information you share with us, or that we receive from other organisations, and keep it safe. This Privacy Notice ("Notice") sets out our data collection and processing practices and your options regarding the ways in which your personal information is used when you provide your personal information for the purposes listed below.
This Notice contains important information about your personal rights to privacy. Please read it carefully to understand how we use your personal information. We may update this Notice from time to time.
1. HOW WE COLLECT YOUR PERSONAL INFORMATION: For the purposes of this Notice, we collect your personal information:
a. Clients: during therapy sessions in person, or by Skype or other online methods of delivery; through email communications; or prior to or during our workshops/events;
b. Subscribers: when you give it to us directly through the subscription process.
2. WHAT PERSONAL INFORMATION DO WE COLLECT AND USE? For the purposes of this Notice, we collect and store some or all of the following types of personal information:
a. Clients: Client details: including age, gender, ethnicity, eligibility for therapy; Personal details: address, phone number; Pre and post-therapy questionnaires (if any); Record of attendance and non attendance; Letters, correspondence; E-mail contact; Record to consent to therapy; My process notes and helping issues; My personal diaries; Notes of supervision; In session material eg diaries, diagrams, therapeutic writing; Case summaries; Session content notes; Anything e.g. writing, art etc made by you as part of your treatment; Sensitive personal data which may include information about person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings.
b. Subscribers; Your name; Your contact information (telephone number, physical address and/or email address).
3. HOW AND WHY WILL WE USE YOUR PERSONAL INFORMATION? For the purposes of this Notice, your personal information will be used for the following purposes:
a. Clients: Managing, administering, assessing, or monitoring client progress; For the purposes of orientation towards the client’s key issues and relationships; To allow me to monitor my work and take it to supervision (All therapists are required to regularly discuss their work regularly with a supervisor. This is to ensure that they develop their skills, remain up to date and provide the best possible service to clients); For the purposes of protecting you and I in the event of legal or ethical proceedings; Professional development: records can be used for personal reﬂection or may be needed for accreditation purposes, and to contribute towards research and publication; Notes as part of quality assurance processes; Medical or quasi-medical record; To handle the administration of payments received from you; b. Subscribers; For our internal administrative and management operations, such as record keeping and statistical research; To communicate with you for marketing purposes about upcoming events and courses;
4. SECURITY OF AND ACCESS TO YOUR PERSONAL INFORMATION We endeavour to ensure that there are appropriate and proportionate technical and organisational measures to prevent the loss, destruction, misuse, alteration, unauthorised disclosure of or access to your personal information. In particular, your personal information will only be accessible by appropriately trained staff and will be stored in a computerised database protected by anti-virus software and password access.
For Clients: As a client in a therapeutic relationship, you have a strong legal entitlement to a duty of conﬁdentiality that protects your personal information from unauthorised disclosure. This entitlement to conﬁdentiality exists as part of my duty of care to my client. However conﬁdentiality is never protected as an absolute right and may be overwritten in certain circumstances including (1) For the prevention of serious physical harm to clients or others (2) When it is permitted by law for example by a court order or pursuant to a statutory obligation and (3) For the purposes of enhancing the quality of service offered by your therapist, for example, obtaining professional supervision and support or sharing information with colleagues in a team setting. Should any of those circumstances arise, the types of people/organisation with whom I will share your data could include appropriate agencies if for example there is a risk of serious harm or with a solicitor pursuant to a court order. A breach of conﬁdentiality occurs when there has been disclosure of conﬁdential information made (1) without appropriate consent; or (2) without a court order; or (3) made not in the public interest. Clients are generally entitled to be informed of any breaches of conﬁdentiality, regardless of whether these were accidental or deliberately made following careful consideration unless there are grounds of public interest or legal obligations which prevent the client being informed. When clients are entitled to information about the disclosure of conﬁdential information, I will use all reasonable efforts to tell clients what was disclosed, to whom and when, as soon as is reasonably possible after the event.
In general, the personal information that we collect from you will be stored at a destination within the UK or European Economic Area. Please note that we cannot guarantee the security of personal information transmitted via the internet.
5.LAWFUL PROCESSING The General Data Protection Regulation (EU) 2016/679 (“GDPR”) requires us to rely on one or more lawful grounds to process your personal information. For the purposes of this application, we consider the grounds listed below to be relevant:
a. Clients:(a) Consent: you have given clear consent for me to process your personal data for a speciﬁc purpose; and/or (b) Contract: the processing is necessary for the purposes of our therapeutic contract; and/or (c) Where there is a legitimate interest in me doing so. The GDPR allows me to collect and process personal information if it is reasonably necessary to achieve our legitimate interests (as long as that processing is fair and balanced and does not unduly impact your rights). In general, “legitimate interests” mean the interests of our therapeutic relationship. Where I process your personal information to achieve such legitimate interests, I consider and balance any potential impact on you (both positive and negative), and your rights under applicable data protection/privacy laws. I will not use your personal information for activities where our interests are overridden by the impact on you, for example where use would be excessively intrusive (unless, for instance, we are otherwise required or permitted to by applicable law). b. Subscribers; Consent: you have given clear consent for us to process your personal data for a speciﬁc purpose;
6. YOUR RIGHTS Once we have collected and as long as we continue to process your personal information, you have the following rights:
a. The right of access; you can write to us to ask for conﬁrmation of what personal information we hold on you and to request a copy of that information, provided we are satisﬁed that you are entitled to see the information requested and have successfully conﬁrmed your identity.
b. The right of erasure; you can ask us to delete your personal information in certain circumstances.
c. The right of rectiﬁcation; if you believe that our records of your personal information are inaccurate, you have the right to ask for those records to be updated.
d. Right to restrict processing; you have the right to ask for the processing of your personal information to be restricted if there is disagreement about its accuracy or legitimate usage.
e. Right to object; you have the right to object to our processing of your personal information in certain circumstances including where we use it for direct marketing.
f. Right to data portability; where we are processing your personal information (i) with your consent or (ii) because such processing is necessary for the performance of a contract, you may ask us to provide the personal information to you – or another service provider – in a machine-readable format.
To exercise any of these rights, please send a description of the personal information in question using the contact details in section 9 below. Where we consider that the information you provide does not enable us to identify you or the personal information in question, we reserve the right to ask for (i) personal identiﬁcation or (ii) further information.
Please note that you may only use/beneﬁt from some of these rights in limited circumstances. For more information, we suggest that you consult guidance from the Information Commissioner’s Ofﬁce ("ICO") – - or please contact us using the details in section 9 below. You also have the right to make a complaint to the ICO about us or the way we have processed your personal information. For further information on how to exercise this right, please see the guidance at https://ico.org.uk/ for-the-public/personal information.
7. FOR HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
In general, unless still required in connection with the purpose(s) for which it was collected and/or is processed, we remove your personal information from our records six years after the date it was collected. However, if before that date (i) your personal information is no longer required in connection with such purpose(s), (ii) we are no longer lawfully entitled to process it or (iii) you validly exercise your right of erasure, we will remove it from our records at the relevant time.
8. CHANGES TO THE NOTICE AND YOUR PERSONAL INFORMATION We keep this Notice under regular review and may update it from time to time. Where necessary we will notify you of changes to the Notice by email. The Notice was last updated on July 2018.
You can check the personal information we hold about your, and ask us to update it where necessary, by emailing us firstname.lastname@example.org.
9. HOW TO CONTACT US Please let us know if you have any questions or concerns about this Notice or the way in which your personal information is processed by contacting us at the following channels:
Email: email@example.com Telephone: +44 7545 225954 By post: Castle Hill Cottage, Castle Hill, Cliviger, Burnley, BB11 3RG. In each instance, please ask for our address your communication to Emma Ferguson.
To secure the preferred dates, 50% of the full fee is due at the time of
booking and the remaining 50% is due 28 days before the first day of a
workshop/therapy (The full fee is due at the time of booking if less than 28
days before the first day of coaching).
Please notify Joy Provision of any cancellation by email
to firstname.lastname@example.org and also by phone on +447545225954
Kindly note the following cancellation charges:
• 28 + days before the confirmed arrival date: No cancellation charge
• 14-27 days before the confirmed arrival date: 50% of the full fee
• 0-13 days before the confirmed arrival date: 100% of full fee