Privacy Policies

Information and Privacy Notice – Counselling Clients

Why I record and store personal information
There is some personal information that I need to hold in order to provide my service to clients. I aim to keep the information I record to a minimum. At the outset of our work together my clients give specific consent to my keeping this information.

The information I record and how I store it
For each of my counselling clients I record the following:

Their name, address, email address, age, telephone number and GP surgery
Recorded on paper, as part of an information and privacy agreement signed by the client.  Stored in a locked filing cabinet.

Email address
Stored in the email contacts folder on a laptop computer.  This is deleted after contact ends.  Access to the laptop is password protected.

Telephone number
Stored in the contacts folder on a dedicated business mobile ‘phone.  Access to the phone is protected by a pass code.

Name and client reference number
Recorded on a paper list stored separately from other client details.  Stored in a locked filing cabinet.

Session notes
Recorded on paper, anonymised (reference to the client and other individuals is made using initials.  The notes are linked to the client by use of a client reference number) and handwritten.  Stored in a locked filing cabinet, except for most recent sheet which I carry with me when working and which is not left unattended unless under lock and key.

Text messages
Stored on a dedicated business mobile phone.

Email from clients
Saved to a specific folder on a password protected laptop computer and deleted after one month.

How I use the information I store
Contact information enables me to communicate with my clients between counselling sessions.  I record details of my clients’ GP surgery in the unlikely event that I judge it to be in a client’s interest for me to take action to ensure their safety.  My session notes help me to remember and reflect upon what my clients have shared with me, thereby enabling me to work with them as effectively as possible.

How long I store information for
A client’s information that I store electronically will be deleted within one month of my work with them ending.  I keep paper records for six years.  This is to enable me to refer back to previous work with returning clients and to respond to any complaints or other issues that might arise after our work has ended.  If a client asks me to delete/destroy records within these time periods I will do so.

Sharing information with third parties
As a member of the British Association for Counselling and Psychotherapy (BACP) I am required to receive regular supervision of my work.  This involves me discussing with my supervisor what my clients share with me.  In doing so I do not mention my clients’ names or any other details which might enable my supervisor to identify them.

I will share a client’s personal information with a third party if that client asks me to do so or if we agree that doing so would be in their interest.  When possible, I will share this information in electronic form copied to the client.

I may share information with relevant authorities in order to ensure the safety of children or vulnerable adults.  I will also share information if legally required to do so e.g. if that information relates to drug dealing, money laundering or terrorism or if a subpoena is issued requiring me to submit my session notes to court.

Clients’ access to information, correction of inaccuracies and concerns about my data management
If a client asks me for a copy of any of their personal information I will do so within 30 calendar days.  In the case of session notes or other records held on paper these will be a PDF copy.  I will make no charge for meeting any reasonable request for access to information.  If a client believes that I hold information relating to them that is factually inaccurate I will correct it at their request.  If a client believes that I am managing their information incorrectly they have the right to complain to the Information Commissioner’s Office.

Information breaches
If I have any reason to believe that a client’s information has been accessed without authorisation I will:

  • inform the client as soon as I am able and agree actions they would like me to take for their protection
  • report the matter to the police, if appropriate
  • take any necessary action to protect other information that I hold
Information and Privacy Notice – Supervisees

Why I record and store personal information
There is some personal information that I need to hold in order to provide my service to supervisees.  I aim to keep the information I record to a minimum.  At the outset of our work together my supervisees give specific consent to my keeping this information.

The information I record and how I store it
For each of my supervisees I record the following:

Their name, address, email address, telephone number. In the case of counselling trainees – the name of their training provider
Recorded on paper, as part of an information and privacy agreement signed by the supervisee.  Stored in a locked filing cabinet.

Email address
In the email contacts folder on a laptop computer.  This is deleted after contact ends.  Access to the laptop is password protected

Telephone number
In the contacts folder on a dedicated business mobile phone.  Access to the phone is protected by a pass code.

Name and client reference number
Recorded on a paper list stored separately from other client details.  Stored in a locked filing cabinet.

Session notes
Recorded on paper and handwritten.  I use the supervisees first name and initial of their surname and, when appropriate, the name of their employing agency.  Clients are referred to by first name of initial.  Stored in a locked filing cabinet, except for most recent sheet which I carry with me when working and which is not left unattended unless under lock and key.

Text messages
Stored on a dedicated business mobile phone.

Email from supervisees
Saved to a specific folder on a password protected laptop computer and deleted after one month.

How I use the information I store
Contact information enables me to communicate with my supervisees between sessions.  My session notes help me to remember and reflect upon what my supervisees have shared with me, thereby enabling me to work with them as effectively as possible.

How long I store information for
A supervisees information that I store electronically will be deleted within one month of my work with them ending.  I keep paper records for six years.  This is to enable me to respond to any complaints or other issues that might arise after our work has ended.  If a supervisee asks me to delete/destroy records within these time periods I will do so.

Sharing information with third parties
As a member of the British Association for Counselling and Psychotherapy (BACP) I am required to receive regular supervision of my work.  This involves me discussing with my supervisor what my supervisees share with me.  In doing so I do not mention the names of my supervisees or their clients or share with my supervisor any other details which might enable them to identify my supervisees or clients.

I will share a supervisees personal information with a third party if that client asks me to do so or if we agree that doing so would be in their interest.  When possible, I will share this information in electronic form copied to the supervisee.

I may share information with relevant authorities in order to ensure the safety of children or vulnerable adults.  I will also share information if legally required to do so e.g. if that information relates to drug dealing, money laundering or terrorism or if a subpoena is issued requiring me to submit my session notes to court.

Supervisees’ access to information, correction of inaccuracies and concerns about my data management
If a supervisee asks me for a copy of any of their personal information I will do so within 30 calendar days.  In the case of session notes or other records held on paper these will be a PDF copy.  I will make no charge for meeting any reasonable request for access to information.  If a supervisee believes that I hold information relating to them that is factually inaccurate I will correct it at their request.  If a supervisee believes that I am managing their information incorrectly they have the right to complain to the Information Commissioners Office.

Information breaches
If I have any reason to believe that a supervisees information has been accessed without authorisation I will:

  • inform the supervisee as soon as I am able and agree actions they would like me to take for their protection
  • report the matter to the police, if appropriate
  • take any necessary action to protect other information that I hold
Website Privacy & Cookie Policy

1.       Introduction

1.1    We are committed to safeguarding the privacy of our website visitors.

1.2    This policy applies where we are acting as a data controller with respect to the personal data of our website visitors; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website.

1.4    In this policy, “we”, “us” and “our” refer to David Humeniuk trading as Red Earth Counselling.

2.       Credit

2.1    This document was created using a template from SEQ Legal.

3.       How we use your personal data

3.1    In this Section 3 we have set out:

(a)    the general categories of personal data that we may process;

(b)    the purposes for which we may process personal data; and

(c)    the legal bases of the processing.

3.2    We may process data about your use of our website (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

3.3    We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

3.4    We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.5  We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication.  Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

3.6  We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.7  We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.8  In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.9  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

4.       Providing your personal data to others

4.1    We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

4.2    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.3    We may disclose specify personal data category or categories to our suppliers or subcontractors insofar as reasonably necessary for specify purposes.

4.4    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.  We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5.       International transfers of your personal data

5.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.2    The hosting facilities for our website are situated in Canada.  The European Commission has made an “adequacy decision” with respect to the data protection laws of this country.  Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

6.       Retaining and deleting personal data

6.1    This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on our reasonable requirements:

6.4    Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7.       Amendments

7.1    We may update this policy from time to time by publishing a new version on our website.

7.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

8.       Your rights

8.1    In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)    the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

8.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

8.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13  You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.

9.       About cookies

9.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2    Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10.    Cookies that we use

10.1  We use cookies for the following purposes:

(a)    analysis – we use cookies to help us to analyse the use and performance of our website and services.  Cookies used for this purpose are identify cookies; and

(b)    cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.  Cookies used for this purpose are: identify cookies.

11.    Cookies used by our service providers

11.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2  We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/. The relevant cookies are: identify cookies.

12.    Managing cookies

12.1 You can manage your cookie preferences using the Cookie Control function which is presented to you when you first visit the website and can be accessed on subsequent visits.

12.2  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:

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

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

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

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

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

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

12.3  Blocking all cookies will have a negative impact upon the usability of many websites.

12.4  If you block cookies, you will not be able to use all the features on our website.

13.    Our details

13.1  This website is owned and operated by David Humeniuk trading as Red Earth Counselling.

13.2  Our principal places of business are Little Priory Offices, Fore St, Totnes, Devon, TQ9 5NJ and Studio One, 23 Southernhay , West, Exeter, Devon, EX1 1PR

13.3  You can contact us:

(a)    by post, to the postal addresses given above;

(b)    by telephone, on the contact number published on our website from time to time; or

(c)    by email, using the email address published on our website from time to time.

(d)   by completing the contact form on our website.

14.    Data protection officer

14.1  Our data protection officer’s name is David Humeniuk and he can be contacted at david@redearthcounselling.co.uk

Contact

e: david@redearthcounselling.co.uk

mb: 07517 383 893

British Association for Counselling and Psychotherapy

Totnes

Little Priory Offices
Fore St
Totnes
Devon
TQ9 5NJ

Exeter

Studio One
23 Southernhay West
Exeter
Devon
EX1 1PR

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