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Data Controller: MH Counselling & Therapy Durham
Contact Details:
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This document has been created to:
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Client information may be used:
Whilst MH Counselling & Therapy Durham aims to protect the confidentiality of its clients and potential clients, there may be times when information needs to be shared with others:
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The website address is: www.melaniehudson.co.uk
When this document refers to the website www.melaniehudson.co.uk this also includes its subdomains. Subdomains are pages that begin with www.melaniehudson.co.uk but have additional text after this. For example, www.melaniehudson.co.uk/blog or www.melaniehudson.co.uk/about-me
www.melaniehudson.co.uk is hosted by: Krystal
When someone visits the pages of www.melaniehudson.co.uk certain information may be collected from visitors using one of two methods:
The contact form on www.melaniehudson.co.uk is hosted by Krystal. When a person sends information via the contact form, data passes through the Krystal servers and is directed to the business email account of info@melaniehudson.co.uk. No information from the contact form is retained by Krystal.
5.4.1 What are cookies?
Cookies are small files that are saved to the visitor’s computer. These cookies are used to collect information that allows MH Counselling & Therapy and Krystal to monitor how my website is accessed and used. This information is used to improve the usability, efficiency and visibility of www.melaniehudson.co.uk
Date & time the user visited the website.
The pages that were visited and the length of time the person spent on them.
The visitor’s IP address and the location of their network.
Browser version, operating system, flash version, screen resolution.
Referrer - Where the accessed www.melaniehudson.co.uk was accessed from, e.g. direct, internet search engine, AI, or a third-party website.
Krystal retains this information for ??????? days and Google Analytics for ?????????.
For more information on Krystal cookies, please visit their website.
For more information on Google Analytics, please visit their website.
When a visitor initially accesses www.melaniehudson.co.uk they are presented with a banner asking if they agree to the use of cookies. If a visitor does not agree to this, a cookie will not be placed on their computer and the data, mentioned in 5.4.2 of this policy, will not be collected. If consent for cookies is given by the user via the banner, and a visitor wishes to change their mind and have the data they have collected removed, the website visitor can contact me at info@melaniehudson.co.uk. When a website visitor consents to cookies collecting information whilst visiting www.melaniehudson.co.uk, this agreement expires after 30 days. If a visitor accesses my website again after this time has elapsed, a new cookie banner should appear, and the visitor will be given the option again of whether they wish to consent to the use of cookies or not.
It is possible to set a computer browser to decline cookies from all websites. Website browsers help facilities should be able to explain how this can be done. Kyrstal cookie policy also describes how to do this.
www.melaniehudson.co.uk contains links to external websites that may contain information that might be of interest to some of its visitors. MH Counselling & Therapy Durham has no control over the information on these external websites or the data that may be collected about its visitors. This privacy statement only includes www.melaniehudson.co.uk and its subdomains.
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info@melaniehudson.co.uk uses Google Workspace (Business Starter) as the email host. GSuite is GDPR compliant. Google servers may be located outside of the EU. Google uses the EU-US Data Privacy Framework (see section 6.4 for more information on this).
6.2 Contact form on www.melaniehudson.co.uk
The contact form on www.melaniehudson.co.uk is hosted by Krystal, whose servers are based in the EU and are GDPR compliant. When a visitor sends information from the contact form, this data passes through the Krystal servers and is directed to the email account of info@melaniehudson.co.uk. No information from the contact form is retained by Krystal.
6.3 Analytics Cookie information
Google Analytics and SquareSpace hold information collected by cookies on non EU servers.
The EU-US Data Privacy Framework is used by Google. This means they have security policies for the transfer of data between the EU and the US in order to comply with data protection requirements.
Working online brings with it additional security risks with regard to a client’s data and privacy. To reduce such risks, MH Counselling & Therapy Durham, will ensure that her device has the latest operating system updates, virus checker definitions and video conferencing software version. MH Counselling & Therapy Durham requests that anyone accessing her service also ensure the same on the device they intend to use for therapy.
MH Counselling & Therapy Durham will ensure she works from a private space where there is no risk of being physically overheard during a session with a client. It is a client’s responsibility to ensure that they are accessing online/telephone therapy from a location that offers them the same level of confidentiality at their end.
Microsoft Teams - Microsoft have their own privacy statement. By accessing therapy this way, clients are agreeing to Microsoft’s privacy terms.
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MH Counselling & Therapy uses social media as a means of sharing information that may be useful to others and for advertising. MH Counselling & Therapy has the following social media business accounts under the following names:
The social media accounts above are all public. This means that other users may be able to see who is following these pages, who liked, shared, retweeted a post, made a comment or left a review.
Please see the individual social media privacy policies (links above) to find information on how these companies use the data that they collect on their users.
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The table below sets out how long data is retained. There may be exceptions to this in the event of an enquiry, ongoing complaint or investigation. In such circumstances, this data would then be deleted once it had been confirmed that it was no longer required AND if it was outside of the retention period stated below.
Information | Retention Period | Reasons for Retention | Legal Basis |
Session Notes | 7 years from the date of the last appointment | Means of defence in the case of a complaint or litigation claim
To demonstrate compliance with the BACP Ethical Framework | Compliance with Legal Obligations |
Counselling Agreement | 7 years from the date of the last appointment | Means of defence in the case of a complaint or litigation claim
To demonstrate compliance with the BACP Ethical Framework | Compliance with Legal Obligations |
Log of dates & times attended, cancelled and Did Not Attend (DNA) | 7 years from the date of the last appointment | Means of defence in the case of a complaint or litigation claim
To demonstrate compliance with the BACP Ethical Framework | Complaince with Legal Obligations |
Contact Details | 7 years from the date of the last appointment | 1. To identify notes with the client, should they be needed as a means of defence in a complaint or litigation claim
2. To contact or reply to a client regarding appointments, queries, service feedback, payments, safeguarding, and any other reasons that are agreed on with the client | 1. Compliance with Legal Obligations
2. Contract |
1. Admin emails (e.g. new enquiry, change of appointment time, cancel appointment) 1 year from the email being received
2. Information beyond admin emails may be transcribed and stored with client notes. Transcription will be retained for the same period as the notes. The email will be deleted within 1 year of being received. | 1. To respond to new enquiries, answer questions about the service I provide, cancel or rearrange appointments, and query non-attendance of a session or late arrival.
2. Means of defence in the case of a complaint or litigation claim. To demonstrate compliance with the BACP Ethical Framework | 1. Legitimate Interest
2. Contract | |
Text messages stored on mobile phone | 1. Admin texts (e.g. new enquiry or change of appointment) - between 7 and 60 days from initial contact.
2. Information beyond admin texts may be transcribed and stored with the clinical notes. Transcription will be retained for the same period of time as the notes. The text will be deleted between 7 and 60 days.
3. All messages will be deleted if the mobile phone is no longer in use. | 1. To respond to new enquiries, answer questions about the service I provide, cancel or rearrange appointments, and query non-attendance of a session or late arrival.
2. Means of defence in the case of a complaint or litigation claim. To demonstrate compliance with the BACP Ethical Framework | 1. Legitimate Interest
2. Contract |
Voicemails stored on a mobile phone | Deleted once listened to. VM checked every 48 hrs. An exception to this is when on holiday. In these cases VM are checked on my return, then deleted. VM would inform the caller that I would not receive their message until a specific date. | As a means for a client or a potential client to be able to leave a message for me | Legitimate Interest (prior to the first session)
Contract (after the initial session) |
Paper Diaries | 5 years from the 31 January submissions deadline for the tax year it relates to | To meet the requirements of HMRC with regard to keeping financial business records | Compliance with Legal Obligations |
Bank Statements | 5 years from the 31 January submission deadline of the tax year it relates to | To meet the requirements of HMRC with regard to keeping financial business records | Compliance with Legal Obligations |
Tax Returns | 5 years from the 31 January submission deadline of the tax year it relates to | To meet the requirements of HMRC with regard to keeping financial business records | Compliance with Legal Obligations |
Complaints | Retained with written session notes and destroyed at the same time as those | Means of defence in the case of a complaint or litigation claim
To demonstrate compliance with the BACP Ethical Framework | Compliance with Legal Obligations |
Right To Erasure Requests | Retained with written session notes and destroyed at the same time as those | Means of defence in the case of a complaint or litigation claim
To demonstrate compliance with the BACP Ethical Framework | Compliance with Legal Obligations |
Subject Access Requests | Retained with written session notes and destroyed at the same time as those | Means of defence in the case of a complaint or litigation claim
To demonstrate compliance with the BACP Ethical Framework | Compliance with Legal Obligations |
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See section 4.2 ‘What your data is used for’
Any data that is held and processed by MH Counselling & Therapy Durham must have a legal basis for doing so. The table under section 8.0 ‘Retention of Data Policy’ sets out the specific legal basis for retaining and processing personal information.
MH Counselling & Therapy responds to potential clients regarding the services offered under the legal basis of legitimate interests. Once a client attends an appointment, MH Counselling & Therapy Durham will make an agreement with clients regarding how their contact details will be used in order to provide a service to them (this comes under the legal basis of contract).
MH Counselling & Therapy Durham does not require the consent of clients to hold and process their data in the ways set out in this policy, as this data is required to comply with legal obligations.
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Your rights under the General Data Protection and Retention (2018) Act are that you have:
Clients have a right to be informed of how their data is used, stored, shared, and retained. This document sets all of this out and is made easily accessible to clients.
A Subject Access Request (SAR) allows clients to request a copy of any personal information I hold on them. This request would be fulfilled within one month of receiving the SAR unless the request was complex and could not reasonably be expected to be completed in that time. If this were the case, the time limit may be extended by an additional two months, but the requester would be informed of this. Requests can be made in writing or verbally. Clients would not be charged for this unless there was a disproportionate fee to MH Counselling & Therapy Durham to send this information. A reasonable fee would be charged for any further copies that were requested. If there was a reason I felt unable to comply with the SAR, I would write to the requester stating my reasons for this, along with their right to make a complaint and the right to seek a judicial remedy.
10.3 Right to Rectification
Clients have the right to request that any inaccurate, incomplete, or out-of-date information be corrected. This request can be made verbally or in writing. Such corrections would be carried out within one month of receiving the request unless the request was complex and could not reasonably be completed within this time limit. If this were the case, the time limit could be extended to two months, and the requester was informed of this delay. If I believed the information to be accurate, I would inform the requester of this in writing, and I would not amend their data. I would include details on how to make a complaint and their right to seek a judicial remedy.
Clients may request, verbally or in writing, that their data be removed. I would respond to such a request within one month of receiving it. Requests for Erasure will be considered, and any data that is no longer necessary for me to retain will be removed. Requests for your notes and information linked to identifying them as yours will not be erased before the 7 years from your last appointment period have passed. Notes (and non-administrative emails/texts) are required for me to comply with legal obligations. This makes such information exempt from requests for erasure. If I were unable to carry out your request for erasure, I would write explaining the reasons for this, and include details on how you can make a complaint and your right to judicial remedy should you not agree with my reasons.
Requests to restrict the processing of the client’s data can be made verbally or in writing. This request is that personal data can still be stored securely by the data controller, but the processing of this information should be stopped or restricted. I would consider such a request and respond in writing within one month of receiving the request.
This right is to allow clients to request that their data be made portable. This means personal information can be transmitted to the individual making the request or to a different service. Requests can be made in writing or verbally, and a response will be received within a month of MH Counselling & Therapy Durham receiving the request.
This right allows clients to request that their personal information no longer be processed by MH Counselling & Therapy Durham. This request can be given verbally or in writing. Whilst a person can request this, and any requests would be carefully considered, there may be reasons for this request to be declined (e.g. as processing by MH Counselling & Therapy Durham may be required for the lawful basis of compliance with a legal obligation). Any request will be responded to within one month of receiving it.
For more details on your rights, you can visit the Information Commissioner's Office website.
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If you have any issues or concerns about how I store or process information held on you, then please either discuss this in one of our sessions or contact me by post (6 Kepier Heights, Durham DH1 1LN0 or by email info@melaniehudson.co.uk. If you feel I was not able to resolve your concern, you can contact the Information Commissioner's Office
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