data & privacy

MANN uP Privacy Notice

introduction

MANN uP’s mission is to devise and deliver innovative, effective, impactful and holistic products and services to promote personal and collective advancement and wellbeing, which requires processing of personal data on clients/participants.

MANN uP’s vision is to be seen as a respected authority in the promotion of a male-affirmative society, which at times requires processing of personal data on contributors.

MANN uP recognises the importance of the privacy of personal data and strives to act with the upmost levels of care, responsibility and transparency regarding processing any personal information it holds in line with UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR) and the BACP Ethical Framework for the Counselling Professions (2018).

about MANN uP

MANN uP: Is an operating name used by the sole trader, Geoffrey Scott.
ICO Registration Number: ZA349939
Registered Address: Angela Crescent, Richhill, Armagh. BT61 9JP
Data Controller: Mr Geoffrey Scott
Contact Email: [email protected]
Nature of Work: Psychological (mental and emotional) wellbeing counsellor and life coach. Programmes are contracted directly by clients/participants and/or are delivered in partnership with other agencies/bodies and/or are delivered on a sub-contractual basis for a third-party (such as an employee assistance programme) and/or are delivered as a programme funded/commissioned by a third-party.

purposes for processing your personal data

MANN uP processes personal information on: prospective/current; clients; participants; contributors and employees for the purposes of:

• Providing contracted psychological counselling, mentoring and life coaching services.
• Protecting the vital interests and wellbeing of clients/participants and others.
• Complying with professional body expectations and obligations.
• Complying with any potential legal duties and obligations.
• Advertising and promoting services and general messaging about male wellbeing.
• Maintaining business records (such as financial accounts).
• Evaluating service provision (including in clinical supervision) and responding to direct compliments/complaints.
• Cooperating with any complaints/legal claims made via a regulatory body or court.
• Seeking professional guidance and support.
• Recruiting, supporting and managing any employees

types of personal data on you that could be processed

The types of information MANN uP may process includes your: name; address; date of birth; contact methods (phone number and email address); family, lifestyle and social circumstances; financial, employment and educational details; Next of Kin details and General Practitioner (GP) details.

MANN uP may also process sensitive classes of information which is volunteered by you and which is known as special category data. Special category data includes: data revealing racial or ethic origin; data revealing political opinions; data revealing religious or philosophical beliefs; generic data; biometric data; data concerning health; data concerning sex life and data concerning a person’s sex life.

the contractual obligation on you to provide personal data

Clients and participants entering a programme are required to complete and sign either a Personal Programme Service Agreement or Joint Programme Service Agreement or Collective Programme Service Agreement which will oblige them to provide personal data. This is imposed for the following reasons:

• Compliance with BACP Ethical Framework for the Counselling Professions (2018).
• To ensure client/participant is of sufficient age and understanding to have contractual capacity (date of birth).
• To confirm the client/participant has been presented, given time to consider and accept both contractual and data processing ‘terms’ set out in the contract and this associated privacy notice (signatures).
• To facilitate fulfilment of the service agreement by engaging in ongoing contact (arranging, cancelling sessions etc). with the client/participant (contact details)
• To potentially facilitate an Emergency Referral (including an emergency first-aid situation), to protect vital interests (Next of Kin and GP details).

the sources of your personal data

Generally personal data (including special category data volunteered) on clients/participants is provided directly by the individuals themselves during an Introductory Session, via Personal/Joint/Collective Programme Service Agreements and during programme delivery.

The exception to this is a Referral Request (Inbound) when a written request is received by MANN uP from a third-party asking to take an individual onto a personal/joint/collective programme. That referral may include some personal data on the individual who is the subject of the referral request.

MANN uP’s lawful basis for processing your personal data

Article 6 of UK GDPR requires MANN uP to state the lawful basis on which is processes personal data, these are as follows:

• Article 6(1)(b) Performance of a Contract: Processing is necessary for the performance of a contract to which the data subject is party, or in order to take steps at the request of the data subject prior to entering the contract.
• Article 6(1)(a) Consent: The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
• Article 6(1)(d) Vital Interests: Processing is necessary in order to protect the vital interests of the data subject or another natural person.
• Article 6(1)(c) Legal Obligation: Processing is necessary for compliance with a legal obligation to which the controller is subject.
• Article 6(1)(f) Legitimate Interests: Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.

In conjunction with the lawful basis above, MANN uP identifies the following conditions as per Article 9 of UK GDPR for processing special category data:

• Article 9(2)(a) The data subject has given explicit consent to the processing of their personal data for one or more specified purposes.
• Article 9(2)(c) Processing is necessary to protect the vital interests of the data subject or another natural person where the data subject is physically or legally incapable of giving consent.
• Article 9(2)(f) Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

how your personal data is stored/protected

All client/participant related data will be accessible to the client’s/participant’s MANN uP Representative and/or Mr Geoffrey Scott (MANN uP’s Data Controller). All other records are only accessible to Mr Scott. The majority of MANN uP records are stored electronically in segregated folders as password protected documents. Unique Identifier Codes are assigned to Introductory Session and Personal/Joint/Collective Programme Files, so this information can be held separately from client/participant contracts and other records that may contain their identification and contact details.

Electronic files are stored on an encrypted and password protected portable hard drive which is stored in a locked location when not in use. Some financial records are retained in paper format, these are stored in a locked location.

Any devices/software used to access electronic records or to communicate electronically (by video conferencing/text/email etc.) are password/pin protected and have their operating systems/virus protection regularly updated. Email communications will either be sent via an encrypted email service and/or documents attached will be password protected (with the password shared via a means other than email).

Online programme sessions will be conducted using Zoom and a Virtual Private Network (VPN) will be used to further protect the privacy of online sessions. Clients/participants will be given a copy of either “Working Safely With MANN uP Online Protocols” or “Working Safely With MANN uP Face-t0-Face Protocols” to help prepare them to take steps to collaborate in protecting their privacy and personal data.

how long your personal data is retained for

General contact communications (both contract and non-contract related) will be kept only for as long as is needed to fulfil their purpose/request. Requests to be added to the MANN uP Waiting list will be retained for 3 months. All other records held by MANN uP are retained for 7 years from date of last session/engagement. For any individual under the age of 18 when entering a programme, records are retained for 7 years from the date of last session/engagement, or 7 years from the date of their 18^th birthday (whichever is later).

third party sharing of your personal data

In line with the expectations of the BACP Ethical Framework for the Counselling Professions (2018) MANN uP endeavours to offer the highest possible levels of confidentiality possible to both clients/participants taking part in one of its programmes.

Contributors are submitting information with the explicit understanding that it will be shared publicly and their consent is sought to do that.

For clients/participants there are 2 means by which aspects of their personal data will be shared with third parties:

• Clinical Supervision: Regular meetings between the MANN uP Representative and a clinical supervisor in line with BACP requirements to monitor the quality of programme delivery. Clients/participants are presented as ‘cases’, and not personally identified.
• MANN uP Accounting: Records of clients/participants details relative to payments received, and copies of bank and PayPal statements showing client/participant payments and invoices/receipts. These will be accessible to MANN uP’s bookkeeper to prepare annual returns and may be made accessible to HMRC for audit purposes.

For clients/participants there are 6 means by which aspects of their personal data may be shared with third parties:

• Referral Request (Outbound): A written request to a third-party agency/organisation by MANN uP requested by a client/participant (with their consent) to support that individual to be referred into another service.
• Emergency Referral: Sharing client/participant details (potentially including some special category information) with Next of Kin and/or GP and/or emergency services in a situation where there is risk of life-threatening harm to the client/participant or another, including an emergency first-aid situation.
• Clinical Will: If due to illness/death MANN uP services cannot continue, only current client/participant identification/contact information is passed to a trusted individual so they can inform clients/participants about service termination.
• Funder/Contractor Reports: MANN uP may have to report back on aspects an individual’s programme participation to a funder/contractor who is paying for a client/participant to engage in a programme.
• Fulfilling a Legal Obligation: Sharing client/participant related information to fulfil a potential legal obligation to report information disclosed on serious criminal activity or to comply with a court order.
• Pursuing Legitimate Interests: To seek expert advice and guidance on a potential legal/ethical dilemma that arises in client/participant work. On such occasions, either no personal data on a specific individual is disclosed, or if that has to be done, sharing will be protected by strict confidentiality arrangements.

the MANN uP website

The MANN uP website has embedded contact submission forms to facilitate General Contacts (Contract/Non-Contract Related). No copies of submissions are stored on the website’s and are deleted once ‘actioned’. The MANN uP website also utilises cookies. A cookie is a small file put onto your computer when you visit a website. These are used to: remember your preferences when visiting a website; measuring the number of visitors to a site and how the website is used. The MANN uP website uses a mixture of necessary and statistical cookies (which report analytics of website use anonymously). Google offers an analytics opt-out browser add on at: https://tools.google.com/dlpage/gaoptout

international transfers of your personal data

MANN uP is a UK based business with business records stored in the UK and does not transfer personal data on clients/participants/contributors to or from other countries (including European countries). The exception to this is any data held on clients/participants in third-party software platforms MANN uP utilises, such as the likes of website content management systems, PayPal, Zoom etc. Clients/participants are asked to familiarise themselves with the data and privacy polices of those third-party platforms before sharing personal data via them.

automated decision-making/profiling relative to your personal data

MANN uP does not carry out any automated decision making or profiling based on the personal data of clients/participants/contributors.

your rights relating to your personal data

UK GDPR sets out the following data subject rights in relation to their personal data:

• Right to Be Informed: Individuals have the right to be informed about the collection and use of their personal data.
• Right of Access: Individuals have the right to access and receive a copy of their personal data, this is referred to as a Subject Access Request (SAR).
• Right to Rectification: Individuals have the right to have inaccurate personal data rectified or completed if incomplete.
• Right to Erasure: Individuals have the right to have personal data erased also known as the ‘right to be forgotten’.
• Right to Restrict Processing: Individuals have the right to request the restriction or suppression of their personal data.
• Right to Data Portability: Individuals have the right to data portability to obtain and reuse their personal data for their own purposes across different services.
• Right to Object: Individuals have the right to object to processing of their personal data in certain circumstances.

Rights are not absolute and can be refused if an exemption applies, or if the request is manifestly unfounded/excessive. Find out more at: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

exercising your data subject rights

Individuals can make a request to MANN uP’s Data Controller (see Section b of this notice) verbally or in writing. Following which:

• The individual making the request will be asked to confirm their identity.
• If it is a request relative to Joint Programme participation, information will be sought to establish if both parties are jointly making and/or consent to the request.
• If a third party is making a request, they will be asked to confirm the permission of the original data subject to act on their behalf.
• MANN uP will confirm in writing receipt of the request and date of receipt.
• MANN uP will evaluate the request (and may engage with third party expert advice).
• MANN uP deems the data subject rights of Joint Programme records to be equally held by both parties who participated in the programme. If only one client makes a request/consents, MANN uP will seek expert guidance on how best to respond to that request, the outcome of which may include a refusal to respond to all/part of a request (e.g. exercising an exemption by redacting any data relating to the individual who has not made/consented to a request relative to Joint Programme records).
• If more than one month is needed to consider/prepare a response, MANN uP will write again to the person making the request and explain the reasons for any delay (maximum extension a further 2 months).
• MANN uP will respond in writing to the request either by actioning/responding to all or part of it and/or setting out the reasons why parts/all of it have not been actioned/responded to.

complaints in relation to your personal data

If any individual would wish to make a complaint about how MANN uP has processed their personal data, they should contact Mr Geoffrey Scott (Data Controller) via the methods show in Section b of this notice.

Alternatively, the Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

Individuals can also contact this organisation regarding any complaints about their data subject rights relative to MANN uP at: https://ico.org.uk/make-a-complaint

updates/further information on this privacy notice

This privacy notice was last updated in December 2023. This privacy notice is reviewed on a regular basis and may be updated.