- ABOUT HELP! COUNSELLING
Help! Counselling (Help!, we, our or us) is a trading name of Help! Counselling for 9 to 25 Year Olds (South West) Limited, a charitable company limited by guarantee and registered in England and Wales under company number 4294790 whose registered office is at 18 Saint Josephs Road, Brentry, Bristol BS10 6QL.
We are exempt from registering as a data controller with the Information Commissioner’s Office because no data is automatically processed by us.
- WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU?
This section informs you of what information we collect about you and why. Personal data means any information about an individual from which that individual can be identified.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, surname, username or similar identifier, marital status, title, date of birth and gender.
- Contact Dataincludes billing address, delivery address, postcode, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Health Data includes information relating to your physical and mental health to enable us to ensure that we are able to match you with a counsellor who is best able to treat you.
- Special Category Data includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
If you are a client: if you are a client, we will need to collect information about you, including your health, to enable us to match you with one of our counsellors. We may also ask for information about your guardian (if you are a person under the age of 18), your next of kin and your general health (including details of your GP).
If you are a counsellor: if you are a Help! counsellor or applying to be a Help! counsellor, we will collect your contact information as well as work history. We may also take information in order to perform a DBS check if appropriate.
If you are a donor: if you are a donor to Help!, we will collect the minimum information we require to process your donation.
If you are a young person aged 13 or under, you should normally get the permission of your parent or guardian before providing Help! with any personal data.
- HOW IS YOUR PERSONAL DATA COLLECTED?
We collect personal data about you if you fill in forms on the Website or correspond with us by telephone, email or otherwise. This includes information you provide when you:
- complete the ‘Contact Form’ on our website;
- call our confidential telephone line;
- if you contact us to offer a donation to our services; or
- contact us in any other way.
We may also ask you to share your personal data with us if it is necessary for us to provide our services to you – for example, we may ask if you require mobility assistance when attending an appointment with one of our counsellors.
- PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
This section explains how we will use personal data you provide to us in order to carry out the activities relevant to the provision of our services to you.
We must have a legal basis for processing your personal data. We consider that we have a legal basis where:
- you have given us your explicit consent to do so for the specific purposes which we have told you about – for example, we will need your consent to process any health information you provide to us, such as information relating to your mental health;
- it is necessary for us to do so to enable us to provide you with the services that you have requested from us – for example, contacting you about your appointment;
- it is necessary in order to fulfil our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
- there is an overriding public interest in using the information – for example, in order to safeguard an individual or to prevent a serious crime;
- the processing is necessary for the establishment, exercise or defence of legal rights; or
- the law otherwise permits or requires it.
Where we process your personal data on the basis of our legitimate interests, these are our (or our counsellors’) interests in providing our services to you in an efficient and secure manner.
We have set out below a list of all the ways we may use your personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
In some cases we may use more than one legal basis for processing your personal data; this will depend on the specific purpose for which we are using your personal data.
|What we use your personal data for (purpose)||Type of data||Legal basis for processing (including basis of legitimate interest)|
|To register you as a new client|
|Performance of a contract with you|
To carry out our obligations arising from any contracts entered into between you and us including:
(a) managing payments;
(b) provide you with the information, products and services that you request from us including, but not limited to, contacting you about your appointment;
|Performance of a contract with you|
|To respond to your enquiries or to process your requests in relation to your information.|
|Performance of a contract with you|
To manage our relationship with you which will include:
|Necessary to comply with a legal obligation|
|To process any donation(s) you offer to Help!|
|Performance of a contract with you|
|To establish, exercise and defend our legal rights|
(i) Marketing Communications
(a) Necessary for compliance with a legal obligation
(b) Necessary for our legitimate interest (for the purpose of establishing, exercising or defending our legal rights)
This section is to explain how we will ensure that you only receive communications that you wish to receive.
We will never send you marketing communications. We may send you communications such as those which relate to any updates on the counselling services we provide to you (e.g. a change to your counsellor). We consider that we can lawfully send these communications to you as we have a legitimate interest to do so, namely to effectively provide you with the best service we can.
- WHO WILL HAVE ACCESS TO YOUR PERSONAL DATA
Help! will share your data with selected counsellors until we find the right one for you. This is rarely more than one or two. Help! will generally need to provide its counsellors all the information it holds about you. Counsellors will then collect their own information about you as appropriate and you will have a separate relationship with your counsellor.
We take your privacy seriously and have implemented appropriate physical, technical and organisational security measures designed to secure your personal data against accidental loss, destruction or damage and unauthorised access, use, alteration or disclosure.
- WHO ELSE MIGHT WE SHARE YOUR PERSONAL DATA WITH
If you are a child under the age of 13, we may share your personal data with you, and where appropriate, your family. We will only ever share your personal data with your family (or anyone else) when we have discussed this in advance with you and believe it is in your best interests.
If there is ever any reason for us to have cause for concern about your health and safety, we may share your data with relevant health professionals or with the police. We may also share your data with these bodies if we are requested to do so.
We will only ever share your personal data in compliance with the applicable data protection laws.
- OUR COMMITMENT TO DATA PRIVACY AND CONFIDENTIALITY ISSUES
This section explains how we keep your personal data safe and where it will be held.
We take your privacy seriously and are committed to maintaining the privacy and security of the personal data you provide to us, and the choices you have regarding our collection and use of your personal data.
We also owe you a duty of confidentiality and we take this very seriously. It is imperative that we protect your personal data and maintain our obligations of confidentiality.
Once we have received your personal data, we follow strict security procedures as to how your personal data is stored and used, and who sees it, to help stop any unauthorised access.
We will never transfer your data outside the European Economic Area (EEA).
Unfortunately, the transmission of your personal data via the internet is not completely secure and although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us over the internet and you acknowledge that any transmission is at your own risk.
- HOW LONG DO WE KEEP YOUR PERSONAL DATA?
This section explains the length of time that we will retain your personal data.
We will keep your personal data for no longer than is necessary for the purposes for which it was obtained.
If you are 18 or over, we will keep your data for 6 years after the end of any contract with you.
If you are under 18 at the end of any contract with you, we will keep your data until 6 years after your 18thbirthday.
- WHAT ARE YOUR RIGHTS?
This section explains that you have a number of rights in relation to your personal data. There are circumstances in which your rights may not apply. You have the right to request that we:
- provide you with a copy of the information we hold about you;
- update any of your personal information if it is inaccurate or out of date;
- delete the personal data we hold about you – if we are providing services to you and you ask us to delete personal data we hold about you then we may be unable to continue providing those services to you;
- restrict the way in which we process your personal data;
- stop processing your data if you have valid objections to such processing; and
- transfer your personal data to a third party.
For more information on your rights and how to use them, or if you would like to make any of the requests set out above, please contact us using the details provided in this section 13. We will respond to all such requests within the time period required by law. Occasionally it may take us longer, if your request is particularly complex, you have made a number of requests or you have not supplied the information we need to respond to you. In this case, we will notify you and keep you updated.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
- WHO CAN YOU ASK FOR MORE INFORMATION?
If you have any questions or concerns about how we handle your personal data, you can contact us using any one (or more) of the following:
Post: The Director, 129 Home Orchard, Yate, Gloucestershire, BS37 5XG
Telephone number: 01454 319751
If you are unsatisfied with our response to any data protection issues you raise with us or our DPO, you have the right to make a complaint to the Information Commissioner’s Office (ICO). The ICO is the authority in the UK which is tasked with the protection of personal data and privacy.
INFORMATION SHARED WITH YOUR COUNSELLOR:
It is normal practice for a counsellor or therapist to write notes on each session. These constitute factual details, reflection on the counselling/therapy process, the making of therapeutic contracts and progress towards goals. Help! only keeps records of the dates of your sessions and payments. Help! and our counsellors all follow the principles of the General Data Protection Regulation (as supplemented by the Data Protection Act 2018).
Where you have agreed that we can, our counsellors record sessions. Please note that when working with young people, recording of sessions is also part of our child protection policy. The recording is made unobtrusively. In all cases, the purpose of recording is primarily to protect our counsellors from allegations. The client can, at any time, ask for recording to stop.
Clients often provide a lot of detailed information in the first few sessions and having a recording of this reduces the need for note taking. The recordings can also sometimes be helpful for supervision. Usually the recording is simply securely archived by the relevant counsellor. A recording could be selected for examination purposes, as part of the counsellor’s ongoing professional development. When used in this way the identity of the client is not revealed. Specific permission for this use would be sought, and usually recorded on a form.
Our counsellors/therapists reserve the right to use written and/or recorded material to defend themselves in the event of allegation or complaint.
Under exceptional circumstances, certain authorities can request legal access to records.
Please note that when you attend sessions with our counsellors, they will be a data controller in respect of your personal data.