MENTAL HEALTH RESOURCE

GDPR Privacy Notice for Clients, Volunteers and Supporters

What is the purpose of this document?

Mental Health Resource is committed to protecting the privacy and security of your personal information.

This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR). It applies to all clients, volunteers and supporters.

Mental Health Resource is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

It is important that you read this notice so that you are aware of how and why we are using such information.

Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Relevant to the purposes we have told you about and limited only to those purposes.
  4. Accurate and kept up to date.
  5. Kept only as long as necessary for the purposes we have told you about.
  6. Kept securely.

The kind of information we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We will collect, store, and use a variety of categories of personal information about you, depending on the nature of your engagement with us.  We may also collect, store and use “special categories” of more sensitive personal information, which includes information about your health, ethnicity and criminal record.

We may collect, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, postal address, telephone numbers, and personal email address.
  • Date of birth.
  • Gender.
  • Next of kin and emergency contact information.
  • Photographs.
  • Donations made

We may also collect, store and use the following "special categories" of more sensitive personal information, which require a higher level of protection:

  • Information about your health, including any medical condition, if you are a client or a volunteer
  • Information about criminal convictions and offences if you volunteer.
  • Ethnicity

If you use our website we collect your IP address, and information regarding what pages are accessed and when.

How is your personal information collected?

We collect personal information about volunteers through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider, such as the DBS service.

We collect personal information about clients and supporters through a referral or the first point of contact with us, which will also include our website.

We will collect additional personal information in the course of activities throughout the period of your engagement with us.  

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

  1. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  2. Where we need to comply with a legal obligation.
  3. Where we have your consent

We may also use your personal information in the following situations, which are likely to be rare:

  1. Where we need to protect your interests (or someone else's interests).
  2. Where it is needed in the public interest or for official purposes.

Situations in which we will use your personal information

We need all the categories of information in the list above (see

We will comply with data protection law. This says that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Relevant to the purposes we have told you about and limited only to those purposes.
  4. Accurate and kept up to date.
  5. Kept only as long as necessary for the purposes we have told you about.
  6. Kept securely.

The kind of information we hold about you) primarily to allow us to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. In some cases we may use your personal information with your consent or to enable us to comply with legal obligations. The situations in which we will process your personal information are listed below:

  • To provide you with services, activities, information or advice
  • To provide information about our work
  • To support your volunteering activities with us
  • To administer your donation, including processing Gift Aid
  • To support your fundraising
  • To seek your views or comments on the services we provide
  • To notify you of changes to our services
  • To improve our services
  • For marketing purposes
  • To better understand and engage with people
  • To campaign and fundraise for the benefit of people with mental health issues
  • To send you information which you have requested. This may include information about fundraising activities, projects, activities and services.
  • To conduct data analytics studies to review and better understand volunteer retention and attrition rates.
  • Equal opportunities monitoring.
  • To gather information about our services or if you make a complaint.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

Data obtained via our website

Your data may also be available to our website provider to enable us and them to deliver their service to us, carry out analysis and research on demographics, interests and behaviour of our users and supporters to help us gain a better understanding of them to enable us to improve our services. This may include connecting data we receive from you on the website to data available from other sources. Your personally identifiable data will only be used where it is necessary for the analysis required, and where your interests for privacy are not deemed to outweigh their legitimate interests in developing new services for us. In the case of this activity the following will apply:

  1. Your data will be made available to our website provider
  2. The data that may be available to them include any of the data we collect as described in this privacy policy.
  • Our website provider will not transfer your data to any other third party, or transfer your data outside of the EEA.
  1. They will store your data for a maximum of 7 years.
  2. This processing does not affect your rights as detailed in this privacy policy.

 

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to provide a full service to you, or be able to recruit you as a volunteer, or perform the contract we have entered into with you (such as paying you), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our volunteers and clients).

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Sensitive personal information and consent

We do not need your consent if we use your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law.  In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data as we need to have further justification for collecting, storing and using this type of personal information. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of service, nor a condition of your contract with us that you agree to any request for consent from us.

We may process special categories of personal information in the following circumstances:

  1. In limited circumstances, with your explicit written consent.
  2. Where we need to carry out our legal obligations and in line with our data protection policy, safeguarding policies and our DBS policy.
  3. Where it is needed in the public interest, such as for equal opportunities monitoring and in line with our data protection policy.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about clients, members or former clients and members in the course of legitimate business activities with the appropriate safeguards.

Information about criminal convictions

We envisage that we may hold information about criminal convictions if you work or volunteer with us.

We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of your engagement with us. We will use information about criminal convictions and offences to establish your suitability for the role offered.

We are allowed to use your personal information in this way to carry out our obligations in relation to safeguarding and in line with our DBS Policy.

Data sharing

We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law. 

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you, where we have another legitimate interest in doing so or where you have requested that we share your data.

All our third-party service providers are required to take appropriate security measures to protect your personal information in line with data protection policies and they are only permitted to process your personal data for specified purposes and in accordance with our instructions.

Transferring information outside the EU

We may transfer the personal information we collect about you to countries outside the EEA in order to perform our contract with you, or where you have requested that we do so.  These countries may not be deemed to provide the same level of protection for your personal information as provided in the General Data Protection Regulations. 

However, to ensure that your personal information does receive an adequate level of protection we will take steps to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the EU laws on data protection.

Data security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the Charity Manager.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 

Details of retention periods for different aspects of your personal information are available in our retention policy which is available from the Office Manager. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. We will securely destroy your personal information in accordance with our data protection policy or applicable laws and regulations.

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the Charity Manager in writing.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Charity Manager. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Data protection officer

We have appointed the Charity Manager as the Data Privacy Manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the Data Privacy Manager.

Complaints to the ICO

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

Call the ICO on 0303 123 1113.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact Rachel Corry, Charity Manager, [email protected] , 01892 554 722.