Version 5/10/2022
Mind and Therapy GDPR Policy
In accordance with the EU General Data Protection Regulation, (the “GDPR”), this Privacy Policy governs the manner in which Mind and Therapy process personal data collected from users (clients) (each, a “User”) of the www.mindandtherapy.co.uk website (the “Site”). This Privacy Policy applies to the Site and all products and services offered by Mind and Therapy.
Personal Data
We may collect personal data from Users in a variety of ways, including, but not limited to, when Users visit the Site and fill out a form and in connection with other activities, services, features or resources we make available on the Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number and payment information. However, Users may visit the Site anonymously. We will collect personal data from Users only if they submit such information to us voluntarily. Users can refuse to supply personal data, except that it may prevent them from using our products and services.
If a client wishes to share feedback in the form of a review then it is their responsibility to be open and honest as their personal data is shared online by themselves.
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Non-Personal Data
We may collect non-personal data about Users whenever they interact with the Site. Non-personal data may include the browser name, type of computer and technical information about Users’ means of connection to the Site, including, but not limited to, the operating system and Internet service providers utilised and other similar information.
How we use Personal Data
Mind and Therapy may collect and use Users’ personal data for the following purposes:
For our legitimate business interests
To allow us to carry out business with you and deal with you regarding products and services you purchase from us.
To improve our customer service
Information you provide helps us respond to your requests and support needs more efficiently.
To improve the Site
We may use feedback you provide to improve our products and services.
To process payments
We use the payment details that you provide to us to process your payments for products and services.
To send emails
We may use the email address provided to us to send the User information and updates relating to their order. It may also be used to respond to their enquiries, questions and/or other requests.
We contact clients using phone numbers provided.
How we protect Personal Data
We use appropriate technological and organisational data processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal data that you provide to us.
Sharing your Personal Data
We do not sell, trade, or rent Users’ personal data to third parties.
Third party websites
Users may find advertising or other content on the Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensers and/or other third parties. We do not control the content or links that appear on these sites and are therefore not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be changing constantly. These sites and services may have their own privacy and customer service policies. Browsing and interaction on any other websites, including websites which have a link to the Site, is subject to that website’s own terms and conditions.
Retention period for personal data
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
to provide you with the services you have requested;
to comply with other law, including for the period demanded by our tax authorities;
to support a claim or defence in court.
Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.
Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.
Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.
Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us by contacting us. However, if you do so, you may not be able to use our website or our services further.
Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
- whether the same objective could be achieved through other means
- whether processing (or not processing) might cause you harm
- whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
- record-keeping for the proper and necessary administration of our business.
- responding to unsolicited communication from you to which we believe you would expect a response
- protecting and asserting the legal rights of any party
- insuring against or obtaining professional advice that is required to manage business risk
- protecting your interests where we believe we have a duty to do so
Information we process because we have a legal obligation
We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.
Cookies
Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.
When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.
If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.
We may use cookies in the following ways:
to track how you use our website
to record whether you have seen specific messages we display on our website
to keep you signed in our website
Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
Data may be processed outside the European Union
Our website is hosted in the United Kingdom.
We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.
Accordingly data obtained within the UK or any other country could be processed outside the European Union.
Where we do transfer personal data overseas it is with the sufficient appropriate safeguards in place to ensure the security of that personal data.
Access to your personal information
To obtain a copy of any personally identifiable information that we hold about you, you may send us a request by contacting us
After receiving the request, we will tell you when we expect to provide you with the information.
Removal of your information
If you wish us to remove personally identifiable information from our website, you may contact us
This may limit the service we can provide to you.
Verification of your information
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
Use of site by children
We do not sell products or provide services for purchase by children, nor do we market to children.
If you are under 18, you may use our website only with consent from a parent or guardian
We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.
Compliance with the law
Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.
However, ultimately it is your choice as to whether you wish to use our website.
Changes to this Privacy Policy
Mind and Therapy have the discretion to update this privacy policy at any time. When we do so, we will revise the date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal data that we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
Your acceptance of this Privacy Policy
By using this Site, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use this Site. Your continued use of the Site, following the posting of changes to this Privacy Policy, will be deemed to be your acceptance of all of these changes.
Confidentiality & Data Protection Policy for Counselling and Therapy Services at Mind and Therapy
Services Introduction
A solid foundation of trust is essential to all therapeutic relationships and the confidentiality between counsellor and client is a fundamental requirement of the ongoing therapeutic relationship. The content of counselling sessions is confidential, in accordance with the ethical framework and professional standards of the BACP (British Association of Counselling and Psychotherapists. There are some circumstances in which there could be grounds to breach confidentiality and these are listed below. All clients who enter into an agreement with Mind and Therapy will be made aware of these exceptions.
Client information is only shared outside of supervision in the following circumstances:
i. Where there is the risk of harm to self and/or to others
ii. The Terrorism Act (2000) requires that the counsellor disclose any belief of suspicion of acts of terrorism
iii. The Drug Trafficking Act (1986) requires the counsellor to disclose to the police information of any individual making money through drug trafficking.
iv. The Road Traffic Act (2000) requires the counsellor to provide information to the police that might identify a driver in a traffic offence. In addition, if a counsellor becomes aware that a client may be driving whilst unsafe (e.g. through epilepsy, medical condition, drug or alcohol abuse) the law requires the counsellor to pass this information to the DVLA
v. The Children Act (1989) requires the counsellor to disclose information or belief that a person under age 18 is a risk of harm
vi. If Mind and Therapy receives a court order
vii. A written client request or agreement so share information with another e.g. solicitor or doctor
If Mind and Therapy believes there are grounds for taking action, it will be discussed with the client (if reasonably possible) before any action is taken. A clinical supervisor will be consulted if at all possible before any action is taken.
Data Protection
Access to the information held by Mind and Therapy on clients is compliant with the Data Protection Act 2018 (DPA) and General Data Protection Regulation (GDPR). Under the terms of the DPA Mind and Therapy is required to inform clients of data held which identifies the client personally and whether and how this is accessible to the client. The information held is kept confidential and all records are kept in written form and securely stored for a period of seven years, as required for insurance purposes. Notes on individual sessions are retained for reference purposes only and are also stored securely. These notes are available to view if requested by the client but remain the property of Mind and Therapy and may not be copied without prior agreement. The records we hold on individual clients are in three parts:
1. Clients approaching Mind and Therapy are asked to provide their name, contact details, emergency contact details and diversity details
2. Notes taken during the initial contact & subsequent sessions
3. Confidential records may contain notes on clients which are accessible only to Mind and Therapy Any request to see these notes should be made to the Mind and Therapy in writing. Mind and Therapy will not release any information regarding the supervisee to any enquirers, without the express permission of the client, or required to do so by law.
Maintaining Client Confidentiality
Any individual who contacts Mind and Therapy for information about the counselling service, an assessment appointment, or engaging in the counselling process is protected under The Data Protection Act 2018 (DPA) and General Data Protection Regulation (GDPR). The Mind and Therapy Confidentiality & Data Protection Policy outlines this in more detail to keep clients informed. No information about the client will ordinarily be divulged to any person or organisation outside of Mind and Therapy, without the client’s permission. The policy applies to any client for whom contact does not proceed beyond an initial enquiry, or assessment. The death of the client does not end the obligation of confidentiality.
To restrict unintended disclosure:
i. client written consent to be provided in writing before releasing identifying and sensitive information will only be released to another agency
ii. if a client or potential client is known to Mind and Therapy, then Mind and Therapy should not engage in the
support of that client.
iii. care is taken to maintain security when storing, processing or transferring all paper or electronic information
iv. emails sent to clients should also maintain confidentiality
The need to share information within Clinical Supervision
The confidentiality agreement is between Mind and Therapy and the client. Clients are not fully identifiable within supervision (although this may become necessary for purposes of risk assessment or where the supervisor takes responsibility for a necessary report to another agency).
Third party enquiries
Mind and Therapy will not release any information regarding the client to any enquirers, without the express permission of the client, unless required to do so by law.
Exceptions to Confidentiality
It may be necessary to break confidentiality in the following circumstances:
i. There is a risk of serious harm to the client, to someone else, or to the public at large, and it is
necessary for Mind and Therapy to act because the client is unable or unwilling to do so.
ii. There is a legal obligation (i.e. a court order or witness summons)
iii. Risk of Serious Harm:
a. Where there is reason to believe that a child or young person may be at risk
b. Where there is reason to believe that a vulnerable adult may be at risk
c. Where there is reason to believe that the client or someone else is likely to be at serious risk or has
already been seriously harmed. Serious harm may be physical, psychological or financial
d. Suicide risk
e. Risks to counsellor is included in any assessment of the potential for serious harm
Emergency Situations
Some situations of immediate or threatened serious violence will justify an immediate 999 call. The safety of
the counsellor, client and those in the immediate vicinity is paramount. It is preferable for a client who needs further help, or who is aware of a situation which should be reported to the police or to another authority, to undertake this themselves. However, the more serious the situation appears to be, the more important it is
that Mind and Therapy demonstrates that the correct action has been taken, and in rare circumstances, this will involve contacting further help (e.g. the police, Social Services, or medical assistance) without the client’s permission. Clients will normally be informed of any action which has been taken to breach confidentiality, unless to do so would incur further risk to the safety of the client, the counsellor, or someone else, or would risk impeding an investigation under Child Protection or other relevant procedures.
Legal Obligations
i. The police have no access to records without a court order.
ii. A court may order Mind and Therapy to appear as a witness, and to produce records.
iii. Subject to the exceptions listed below, there is no legal duty to report a crime. If Mind and Therapy is concerned about information that s/he may have about a crime not covered by the exceptions listed below, this should be tested, with a supervisor, against the “serious harm” criteria set out above. In practice the courts are sensitive to the ethical dilemma; it is permissible as a “conscientious witness” to request the court to waive or restrict its powers to order disclosure. In criminal cases, information held by
Mind and Therapy will rarely constitute evidence. In civil cases, Mind and Therapy would not have the status of “expert witness.”
Variations to Confidentiality
Referral to other agencies
Mind and Therapy works on the principle that client autonomy will be respected. If it is felt that a client would benefit from the services of another agency, Mind and Therapy will supply the relevant information and support the client to make their own contact. Only in cases where the client seems too distressed, shocked or otherwise incapacitated will we do this, with their permission, which should be recorded.
Partnership working
Mind and Therapy continually seeks to widen access to its services by seeking partnerships with professionals and agencies in support of our most vulnerable clients. Some clients may need an interpreter, signer or translator during counselling sessions. The therapeutic and confidentiality agreements will be amended to accommodate any such need.
Court Proceedings
A client can request that notes and records are released in the event of court proceedings, and these may also be requested by a court order. Client consent will be obtained before releasing any information, except in the case of a court order. Any request to see these notes should be made to Mind and Therapy in writing.
Disclosures of past abuse
Disclosures in the course of ongoing support work, where the alleged perpetrator is still alive, concerns may arise as to whether the perpetrator has access to children, whether in a family setting, through employment, or any other situation. In this case, the guidance in the Children Act 1989 will be followed.
Children and Young People
Mind and Therapy does not currently offer counselling services to children and young people (under age 18).
Contacting us
If at any time you have any questions about this Privacy Policy, the practices of this Site or our dealings with your personal data, please contact us at
Mind and Therapyl,
305 Park Road, Loughborough, Leicestershire, LE11 2HF
07905657229
Email: mindandtherapy@gmail.com