Privacy Notice & Cookies Policy

Introduction:

Impact Consulting & Mediation Ltd (“Impact Mediation”) is committed to respecting and protecting your privacy.

Please read the following information carefully. This privacy notice explains how Impact Mediation will collect, store, use and share the personal information you provide via our website, email or networking with our team or when you 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.

Data Controller:

Impact Mediation collects, uses and is responsible for personal information about you. We are therefore 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 delivery of each mediation– we may obtain your personal data, including special categories of personal data as defined in the General Data Protection Regulation (“GDPR”). This could include contact via telephone, email or other electronic correspondence. For example, if you request a costs quotation, we will record information about your case as well as contact information for you and any other parties.
• In the normal course of business– you may have provided Impact Mediation with your personal business details in relation to appointing a mediator or in other communications. This could include telephone, email or other electronic correspondence.
• Contact forms– we collect personal information which you choose to provide when you fill in forms on https://www.impactmediation.co.uk/contact-us/. This may include your name, position, company, contact details (such as business email and telephone number) and any requirements for mediation services. We may use this personal data to respond to your enquiries, or to provide the services or information you have requested.
• In addition, if you visit https://www.impactmediation.co.uk/ some limited personal data may also be collected. Web usageinformation such as IP address, time and duration of visits. Please see our Cookie Policy for more detail.
• In the normal course of providing our mediation services.

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 and preferences
  • in terms of invoice payments, 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 our providing mediation services.
  • 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

Note: 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:

Impact Mediation may use your personal information for the following purposes:

1. To provide the requested service to you
2. To respond to any enquiry that you may send to us
3. To manage our relationship with you and your business, if appropriate, including by maintaining our database of contacts for administration, accounting and relationship management purposes
4. To complete our contractual obligations to you as set out in our Mediation Agreement, including any associated administration
5. To carry out any relevant conflict checks
6. To keep accounting records
7. To send 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 on Marketing Opt-Out]
8. To fulfil equality and diversity and other regulatory requirements.
9. To respond to any complaints
10. To comply with any other professional, legal and regulatory obligations which apply to us or policies that we have in place to establish or defend our legal rights or for the purpose of legal proceedings
11. To prevent and respond to actual or potential fraud or illegal activities
12. As we consider 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 or services you have requested for which we have requested the personal data.

Our legal authority for storing, processing or using your personal information:

The GDPR requires all those who process personal data to have a legal basis for doing so. The lawful bases identified in the GDPR for storing, processing or using your personal data are:

• Performance of our Agreement with you or to take steps to reach such Agreement. 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. You may withdraw such consent at any time. Please bear in mind however that the withdrawal of any such consent may prevent us from carrying out our agreed mediation services for you.

Legitimate Interests:

The legitimate interests for which we process personal data are as follows:

• To administer the mediation services provided by the mediators at Impact Mediation
• 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
• To protect our interests in managing our relationship with you

Sharing your information

Your personal data will be available to employees, directors, officers and mediators at Impact Mediation on a need-to-know basis only

It will also be available to third parties that we routinely share personal information with. Such 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 Agreement we enter into with you
• If we are under a legal 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 clients, or others.

Such third parties may include:

• Our bank
• Our insurers and any professional advisers 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 Impact Mediation 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
• Any venues we use for events or mediations
• Analytics and search engine providers that assist us in the improvement and optimisation of our website
• Observers to mediations – only where agreed with you in advance
• Any third party you ask us to share your data with

We will not rent or sell any personal data 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.

Impact Mediation will normally keep information supplied to us for up to seven years (this is based on requirements from professional indemnity insurers) from 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. Any further 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.

You can request that Impact Mediation should suspend processing of your personal data or you may request that we remove your personal data at any time. You may also request rectification or erasure of your details.

Personal data is processed at the administration office of Impact Mediation and in any other places where the parties involved with the processing are located. To request a full copy of Impact Mediation’s data retention policy please email: enquiries@impactmediation.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.

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:

• Impact Mediation uses 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 is 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:

Impact Consulting & Mediation Ltd, Registered Office: Kemp House, 152-160 City Road, London EC1V 2NX

Email: enquiries@impactmediation.co.uk or
Call: +44 (0)118 207 2705

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;
• Requiring us to correct any mistakes or complete missing information we hold on you;
• Requiring us to erase your personal information in certain circumstances;
• Receiving a copy of the personal information you have provided to us or have this information sent to a third party. This will be provided to you or the third party in a structured, commonly used and machine readable format;
• Objecting at any time to processing of your personal information for direct marketing;
• Objecting in certain other situations to the continued processing of your personal information;
• Restricting our processing of your personal information in certain circumstances;

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 wish to exercise any of these rights, please email, call or write to us at:

Impact Consulting & Mediation Ltd
Email: enquiries@impactmediation.co.uk or
Call: +44 (0)118 207 2705

Please provide sufficient 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. Please let us have proof of your identity and address so that we can follow up. Please sState the right or rights that you wish to exercise.

We will respond to you within one calendar month from the date 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: enquiries@impactmediation.co.uk.

Cookie Policy

What are cookies?

A cookie is a small file which is placed on your computer’s hard drive and the cookie helps analyse web traffic or lets us know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Further information about cookies can be found at https://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies/

How we use cookies

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes.

A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. For more information see, ‘How to manage Cookies’ section below.

Which cookies do we use?

While we will endeavour to keep the list below updated, the Impact Mediation site relies on many third party services and the list may therefore become out of date if those services alter the cookies they use.

There are two types of cookie you may encounter when using this website:

First party cookies: these are our own cookies, controlled by us and used to provide information about usage of our site. Please note that these Cookies exist to enable functionality on the website and not for advertising purposes. Google Analytics:

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These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve our website. The cookies enable us to collect information in an anonymous form, including the number of visitors to the site and the pages they have visited.

Third party cookies: these are cookies found in other companies’ internet tools which we are using to enhance our site, for example Twitter and LinkedIn have their own cookies, which are controlled by them.

Please note that if you do choose to share content from the Impact Mediation website through any social media providers, we do not control the setting of these cookies and we recommend that you check the provider’s website for further information.

How to manage Cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

– https://support.google.com/chrome/answer/95647?hl=en (Chrome);

– https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

– http://www.opera.com/help/tutorials/security/cookies/ (Opera);

– https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

– https://support.apple.com/kb/PH21411 (Safari); and

– https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

System logs and maintenance

For operational and maintenance purposes, the Impact Mediation website and any third-party services may collect files that record interaction with it (System logs) or use for this purpose other personal data (such as IP Address)

Following a link to impactmediation.co.uk from another website: If you come to our website from another website, it may receive information from the other website. Impact Mediation does not use this personal data. You should read the privacy policy of the website you came from to find out more about this

Following a link from impactmediation.co.uk to another website: Our website contains links to other websites. Impact Mediation is not responsible for the content or privacy notices of these websites. They will have their own terms & conditions and privacy policies. You should read the privacy policies of each such site carefully.

Changes

We may need to update this Cookie Policy in the future. Please review this Policy periodically to stay informed about how we are using cookies. This Cookie Policy was last updated in September 2021.

Further information

If you have any questions regarding our Cookie Policy, please email enquiries@impactmediation.co.uk

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 our website.

Changes to this Privacy Notice

This privacy notice was last updated on 15 September 2021 and published on 16 September 2021. We constantly review our internal privacy practices and may change this policy from time to time. If we do make changes we will inform you by putting a notice on our 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 director who oversees data protection matters on behalf of Impact Consulting & Mediation Ltd:

Email: enquiries@impactmediation.co.uk or
Call: +44 (0)118 207 2705