Privacy Policy

OUR STATUS UNDER DATA PROTECTION LAWS

When it comes to information about you that we have on file because you are a client or a professional contact, we operate as the “data controller.” “SPIP” stands for Separated Parents Information Programme. Cafcass is the data controller and we are the “data processor” for Cafcass in this case.

HOW AND WHY WE COLLECT INFORMATION FROM YOU

Your contact details

From the information you give us when you make an appointment for a mediation information and assessment meeting (‘MIAM’) or mediation services, or fill in a referral form through our website, or by phone, letter or email, or when an interaction from your solicitors (or any organisation you know (such as Cafcass) asks us to contact you about a meeting, we collect your name, date of birth, address and other contact information.

Our vendors’ and contractors’ contact information is also kept on file for future reference. So that we may deliver our services effectively and interact effectively with our customers, which is in line with our legitimate business interests.

Other personal data

To deliver our MIAM or mediation services, we often need you to furnish us with a lot of information about your family, money, your relationship, and the circumstances in which it broke down. Specifically, this is what I’m talking about:

  • We’ll need to know the names and ages of any children you have with your current or previous partner, as well as any children you’ve raised as a family as a unit.
  • Mediation may also necessitate the disclosure of “special categories” of personal data, such as details on your physical or mental health, your sexual orientation, your religious affiliations, your ethnic or racial background, or any criminal offences you’ve committed.
  • As a child consultant, we may take notes during a feedback meeting with your kid/children if you desire it. After the meeting with the parents, these are thrown away.
  • If you are eligible for Legal Aid, we must keep records of your proof of earnings and assets.
  • Personal information such as your name and address may be necessary for billing purposes when you are accountable for our fees. In order to get reimbursement from the Legal Aid Agency, we will need to share your personal information with them.

Your personal information is not shared with the other party in an MIAM or mediation, unless you consent to this, or a court mandates it, or when the law requires the mediator to do so.

Under the requirements of mediation, you must provide us and the opposing party with necessary financial or other facts, and we must document this in our case file. During financial mediation, you and the other party will be required to provide information about your money to each other. During “shuttle mediation” sessions, we will discuss any financial or other pertinent information that you give us with the other party, even while you are in separate rooms.

We need to collect all of this information so that we may conduct and record our services in accordance with the standards that regulate Legal Aid, SPIPs, or the codes of conduct that govern our mediators. There are a number of ways in which we use the information you provide us, such as creating summaries of your meetings with us, writing up parenting plans, and creating what is called a “open financial statement,” which can be used to form the basis of an amicable settlement agreement or a court order.

For MIAM and mediation clients

In most cases, the legal foundation for MIAM and mediation clients’ personal data processing is that it is required for the fulfilment of our contract with you (or at your request prior to entering into a contract with us).

For SPIPs clients

This service is provided in the public interest for SPIPs clients, and we use your personal information to do so.

Using special-category data for legal or pre-litigation purposes is permitted under the law. Ethnic origin data may be gathered to ensure that services are being provided in an equitable manner for all.

You might not have contacted us about our MIAM and mediation services, but we may need to use your contact information to send you an email once your ex-partner has attended an MIAM with us. Under Family Procedure Rules Practice Direction 3A, we must contact you and discuss your willingness to attend an MIAM as well in order to comply with our legal obligation to do so.

You have the right to revoke your permission to us using your personal information in a specified manner at any time, without impacting the legality of the processing based on the consent prior to its withdrawal. Even if you revoke your consent, we still have a legal obligation to alert authorities for the protection of a vulnerable person in line with our Safeguarding Policy, despite your decision. The legal basis for our processing of your data does not always rely on your particular consent, so please be aware of that.

Website Publishing Financial Mediation is a practise for persons preparing to become mediators. There is an obligation on our trainee mediators to maintain the utmost secrecy. They are only allowed to access our files for educational and development reasons. In order to protect the anonymity of their training experience, individuals must anonymize whatever information they utilise to document their experience. Here, our legitimate business interests necessitate that we treat data in this manner.

We may need to exchange or retain your personal information with other organisations in the United Kingdom for operational reasons, such as our case management database, which is located on a secure, dedicated server. We may also have to share any of your information due to legal or commercial obligations. This policy concludes with a summary of these points. Because it is in our legitimate commercial interests, this is permissible.

The results of customer satisfaction surveys, for example, may be combined with data from other services offered to customers in order to assess our performance, but only if anonymized. Data privacy rules enable us to do this as part of our legitimate interest in knowing our clients and offering the best standards of customer service.

If you are interested in receiving invites to one of our professional training events, you can sign up for our mailing list by providing us with your email address and phone number. As part of our legitimate business interests, we are legally required to save their personal data, and we only use it for this purpose. Our invites to events include reminders that consumers can unsubscribe at any time and we will remove their information from our database.

ONLINE MEETINGS

Zoom or Microsoft Teams will be necessary for online meetings when you consent to participate instead of meeting in person. You should be aware that Webpower Publishing has no control over or responsibility for the use of your data by any third-party service provider. You should check the privacy policies of the relevant service provider on their website.

HOW LONG WE KEEP YOUR INFORMATION FOR

MIAM and mediation files will be destroyed when the case is over. As a general rule, we’ll hold on to our records for six and a half years afterward. SPIPs clients referred to us by Cafcass are erased from our database one year after the service ends.

We keep people’s contact information in our database for professional training events until they tell us they no longer want to receive invites from us. To comply with Inland Revenue tax records regulations, we save contact information for our suppliers and contractors for the period of their employment and thereafter.

YOUR RIGHT TO ACCESS INFORMATION

You can make a ‘data subject access request’ (DSAR) by contacting us using the information provided above, and we will respond to your request within 30 days. Before releasing any personal information to you, we may seek further information from you to verify your identity.

YOUR RIGHT TO CORRECT DATA WE HOLD

You also have the right to have any information about you that is incorrectly stated removed. Your information is important to us and we want to make sure it is current and comprehensive. You have the option of requesting that we amend or remove any information that you believe is out of current. Changes to your personal information can be requested by contacting us at the above-mentioned addresses.

Restrictions on our use of your information or the deletion of any data we have on you are within your rights.

Concerns regarding how we handle your information will be addressed as quickly as possible under our Complaints Policy, which you can read about below. Your personal data can be erased and its processing restricted if you so request in writing, and we must then either comply with your request or explain our reasoning for taking such action in the first place if we believe our actions are appropriate. Please visit the website of the Information Commissioner’s Office at http://www.ico.org.uk or phone their helpline at 0303 123 1113) for further information.

COMPLAINTS

Any objections about our acquisition or use of personal information will be taken seriously. The Complaints Policy is accessible to clients upon request if they do not already have a copy. Your complaint can be taken up with the Information Commissioner’s office if we are unable to address it internally. For more information, please read http://www.ico.org.uk or phone their hotline on 0303 123 1113.

REASONS We may need to share your personal information with other parties in order to provide you with our services (AND WE ONLY DO SO IN CONFIDENCE)

Advertisers and other companies who want to sell you products and services will never get your personal information from us.

  • When you use a debit or credit card to make a payment to us, your identity and card information are shared with a third-party payment service provider. (WorldPay is the payment processor we utilise). We do not save your credit card information when you make a payment via our website or over the phone to us.
  • When we hire mediators to help you resolve a dispute, we must disclose your personal information with them.
  • After mediation, if your lawyers want information regarding the conclusion, we’ll connect with them and provide them documentation.
  • Our business partners and professional service providers may need to have access to or maintain some information about you, on the condition that they keep it private and secret.
  • When it is permitted or required by law, regulation, or the public interest. For the protection of vulnerable persons, this may include any disclosures to the authorities as required by our Safeguarding Policy.
  • Contracts with the Legal Aid Agency or a public entity that has brought you to us under the terms of our contract with them mandate that we supply them with information on you or enable their auditors to audit your file. Your personal data will be processed in accordance with the privacy policies of the Legal Aid Agency or any other applicable public agency.
  • Under our Complaints Policy, your mediation file may be shared with a supervisory authority, providing you have given us your permission to do so, if necessary.
  • For the sake of fraud prevention or credit risk reduction, we may need to share information with other organisations.
  • However, if a third party acquires Webpower PublishingMediate Limited or most of its assets, the personal data kept by it concerning its clients and others will be one of the transferred assets.