In accordance with the General Data Protection Regulation (GDPR), Fortem Minds have implemented this privacy information notice to inform you, our current and former clients, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.
This notice applies to current and former clients.
We are a Data Controller of the personal data that you supply to us as a contract holder or service user.
Data protection principles
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
- processing is fair, lawful, and transparent
- data is collected for specific, explicit, and legitimate purposes
- data collected is adequate, relevant, and limited to what is necessary for the purposes of processing
- data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
- data is not kept for longer than is necessary for its given purpose
- data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction, or damage by using appropriate technical or organisation measures
Types of data held
We keep several categories of personal data on and from our clients in order to carry out effective and efficient processes. We hold the data within our secure computer systems, for example, the systems that we use to provide our Counselling Services.
Specifically, we hold the following types of data:
- personal details such as name, address, phone numbers, job title, email address or IP address etc. for the delivery of the service.
- personal details in addition to the above such as date of birth, GP contact details, alcohol or substance use, work status and support networks for the delivery of counselling services.
- gender, marital status, race, religion, information of any disability that clients may have or other medical information that is supplied to us for the purposes of delivering the counselling service.
Collecting your data
Data for counselling services is provided by you to us directly when contacting the service. This data is collected for the purpose of providing the services and will then be securely retained in line with our retention policy.
Personal data is kept in password protected files.
Lawful Basis for processing
The law on data protection allows us to process your data for certain reasons only. In the main, we process your data in order to comply with a legal requirement or in order to effectively manage the service contract we have with you, including ensuring we can deliver the service to you.
The information below categorises the types of data processing we undertake and the lawful basis we rely on.
Activity requiring your data - Lawful basis
Set up your account - Performance of the contract
Carry out the delivery of the counselling service - Our and your legitimate interests
Ensuring payments are made under your account - Performance of the contract
Ensuring VAT and insurance premium tax is paid - Legal obligation
Making financial decisions in relation to entering both initial and subsequent contracts - Our legitimate interests
Making decisions about service delivery methods - Our legitimate interests
Ensuring efficient administration of contractual services to you - Our legitimate interests
Maintaining up to date records about you to ensure, amongst other things, effective correspondence can be achieved and appropriate contact points in place - Our legitimate interests
Dealing with legal claims made against us - Our legitimate interests
Preventing fraud - Our legitimate interests
Ensuring our administrative systems are secure and robust against unauthorised access - Our legitimate interests
Special categories of data
Special categories of data are data relating to:
-trade union membership
-genetic and biometric data
We carry out processing activities using special category data for the purposes of delivering counselling services. This data will be provided to us or requested by us for the purposes of providing our services, to ensure you receive appropriate advice and support.
Most commonly, we will process special categories of data when the following applies:
-you have given explicit consent to the processing
-we must process the data in order to carry out our legal obligations
-we must process data for reasons of substantial public interest
-you have already made the data public.
Failure to provide data
Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract or providing a service to you.
Criminal conviction data
We will only collect criminal conviction data where it is appropriate to the provision of the services that you are contracted to receive. This data will usually be collected during counselling services; however, it may be collected at any time during the contract where necessary. We use the information to form the advice and services that are provided to you. We rely on the lawful basis of legitimate interest to process this data.
Who we share your data with
Counsellor providing services through Fortem Minds and handles your personal data is trained in ensuring data is processed in line with GDPR.
Your data is not shared with third parties, except for other reasons to comply with a legal obligation placed upon us or in order to provide you with the requested services. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
Activity requiring your data transfer (service users) - Lawful basis
Online counselling platforms, including video communication tools. - Legitimate interest
Critical Illness and Injury Support - Our legitimate interests
Emergency services Police, Ambulance or Fire Department - Vital Interest
Your General Practitioner (GP) in cases of risk of harm to self. - Legitimate interest
Protecting your data
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.
We only keep your data for as long as we need it for, which will be at least for the duration of your service contract plus 7 years from the date that service contract with us terminates, although in some cases we will keep your data for a longer period after your contract has ended. Some data retention periods are set by the law. Retention periods can vary depending on why we need your data, as set out below:
Recommended Retention Period
HMRC approvals - Permanently
All other data - 7 years from the date the service contract with us terminates
You have the following rights in relation to the personal data we hold on you:
-the right to be informed about the data we hold on you and what we do with it.
-the right of access to the data we hold on you. More information on this can be requested at email@example.com, 07935 602455
-the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’.
-the right to have data deleted in certain circumstances. This is also known as ‘erasure’.
-the right to restrict the processing of the data.
-the right to transfer the data we hold on you to another party. This is also known as ‘portability’.
-the right to object to the inclusion of any information.
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data.
Making a complaint
If you think your data rights have been breached, you are able to raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.
Data protection Compliance
If you have any queries or comments about this Policy, please contact us at firstname.lastname@example.org
Fortem Minds Data Protection and Compliance Officer is: