Registered member of the British Association for Counselling and Psychotherapy (BACP), membership number 420022.
© Sustained Counselling. Registered with the Information Commissioner’s Office, registration reference ZC252589.
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Sustained Counselling Privacy Policy
I understand how important your privacy is. I take care to maintain your confidentiality in accordance with current data protection laws (GDPR, 2018) and the ethical guidelines of BACP. These guidelines have been set up to protect your confidential material and to ensure that I always conduct myself with professionalism and integrity.
Your personal information
I use the secure, encrypted and password protected practice management platform, Kiku (wearekiku.com) to collect and store your personal data. At the point of booking your initial consultation with me, you will be asked for your personal contact information, for example your name, address, email address and telephone number and you may also choose to share details of the issues you are looking for help with.
Your contact information is stored securely in Kiku and can only be accessed by me.
In order to be able to fulfil my duty of care to you, in your initial consultation or first counselling session, I will ask for your GP contact information and emergency contact person. These details will be stored securely in Kiku and again, will only be accessible to me.
The records that are kept will be adequate, relevant, limited to what is necessary for the service and compliant with data-protection requirements. The records will be kept for a proportionate length of time after counselling has been concluded and will then be deleted.
I will never pass on your contact details to any third party organisations for the purposes of sales, marketing or research and will never use your personal data for any purposes other than the administration of the counselling service I am providing to you i.e. to arrange, cancel and rearrange appointments and collect payment for sessions.
Clinical Will
A clinical will is in formation for Sustained Counselling. An executor will be established who will follow instructions for the responsible management of client records, and professional responsibilities in the event of my death or incapacity. The executor will respect client confidentiality and protect sensitive information. Access to confidential information will be restricted to what is necessary and legally authorised.
Online Bookings
When you make an online booking or payment, Kiku will send a booking notification to me via email and the Kiku messaging system.
Anonymised payment details are recorded in my Kiku financial income reports. These reports will only hold your first name, last name initial and unique client reference number. The HMRC requires that I retain this information for 5 years after the end of the financial year.
You can view Kiku’s privacy policy here.
Your payment details
Payments are made directly to the bank account details that you will be provided with at the time of your first booking. My website does not hold your payment information.
Your counselling sessions
Everything that you discuss with me is confidential. Confidentiality will only be broken if there is concern about your safety, the safety of another, or if I am instructed to do so by a Court of Law. I will always endeavour to speak to you about this first, but recognise that this might not always be possible.
During remote working I will ensure that I am conducting online and telephone sessions in a quiet, private and confidential setting. However, I cannot be held responsible for any breaches that occur due to failures in this technology.
I discuss my clinical work with a supervisor. This is to ensure that I am offering you the best service possible. These conversations are bound by confidentiality and you will only be referred to by your initials.
I keep brief notes of each session. These are anonymised and are stored within a password protected file within the secure Kiku system (wearekiku.com). These notes are for my use only and help to keep a track of everything that is being discussed.
If your sessions are paid for or arranged via a third party, (e.g. your employer, a friend, or a family member), other than payment requests, invoices or receipts your counselling information will not be shared. Details about what is discussed in your sessions will remain confidential. Any other information can only be shared if you provide your written consent.
Your communications with me
All of my email accounts use the secure MS365 server and are double password protected. If you send an email to my email address, only I will process or access that information.
Data Usage
I will only use your email address and telephone number to contact you about your appointments. I may also contact you directly via email in order to share information with you that is pertinent to the therapeutic process.
Your phone number may also be used to issue appointment reminders via text message. You can opt in or out of text/email updates using your free Kiku account.
Your rights
Any personal data retained by me is kept in accordance with the GDPR, 2018.
Under these guidelines you have the following rights:
- The right to request access to your data
You can request to view the information that I hold about you (contact details, appointment logs etc.) at any time. If during counselling you would like to see your session notes, please let me know. Should you require a copy of your notes after your counselling has come to an end you can make this request by emailing elizabeth@sustainedcounselling.com or calling 07912350988.
- The right of rectification
At any point during your time using my service or during the time that I retain your records, you have the right to request amendments to your contact details or session notes. This right can be exercised either by speaking directly to me or by contacting me in writing.
- The right to be forgotten
You can request that I delete and confidentially destroy the information that I hold about you and your sessions at any time. This request can be made by contacting me at elizabeth@sustainedcounselling.com.
Instances where I would not be able to comply with your request are as follows:
- It is necessary for me to retain these records in order to continue to provide an effective service
- I am compelled to retain these records by a Court of Law
- I require these records in order to establish, exercise or defend legal claims
Consent
When you book your first session with me via Kiku, you will be asked to provide a digital signature and tick a checkbox to confirm that you consent to the storage and processing of your personal data for the purposes of providing therapeutic services.
You are entitled to withdraw this consent at any time and can do so by emailing me at elizabeth@sustainedcounselling.com.
Breaches of data protection
In the event of any breach of my data protection policies, I will notify you and the Information Commissioner’s Office (ICO) within 72 hours and will seek to rectify this immediately.
Raising concerns
Should you have any concerns about my data protection practices, you can raise these directly with me. You can also notify the Information Commissioner’s Office.
Terms and conditions
Sustained Counselling (Elizabeth Johnston)
1. These terms
1.1 What these terms cover. These are the terms and conditions on which I will provide you with counselling sessions (“Sessions”, and “Session” shall be interpreted and construed accordingly), which are described in the summary of your booking, or as I otherwise agree with you in writing from time to time.
1.2 Why you should read them. Please read these terms carefully before you engage me to deliver the Session(s). These terms tell you who I am, how I will deliver the Session(s) to you, how you and I may change or cancel the Session(s) or end the contract (where you have booked a series of Sessions), what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact me to discuss.
2. Information about me and how to contact me
2.1 Who is ‘Sustained Counselling’? I am Sustained Counselling, a sole trader established in Scotland.
2.2 How to contact me. You can contact me by telephone at 07912350988 or by writing to me at elizabeth@sustainedcounselling.com
2.3 How I may contact you. If I have to contact you I will do so by telephone or by writing to you at the email address you provided to me in your booking. I may also contact you through the messaging service on the online platform via which you make your booking with me.
2.4 “Writing” includes emails. When I use the words “writing” or “written” in these terms, this includes emails and communications sent via the messaging service on the online platform via which you make your booking with me.
3. My contract with you
3.1 How I will accept your booking. My acceptance of your booking will take place when I issue confirmation of the booking to you, at which point a contract will come into existence between you and I.
3.2 If I cannot accept your booking. If I am unable to accept your booking, I will inform you of this and will not charge you for the relevant Session(s). This might be because of unexpected limits on my resources which I could not reasonably plan for, an error in my diary or booking system, ill health, or because I have identified an error in the price or description of the Session(s).
4. Your rights to make changes
If you wish to make a change to the Session(s), please contact me. I will let you know if the change is possible. If it is possible I will let you know about any changes to the price of the Session(s), the timing of such Session(s) or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Please also see clause 7 (Cancelling a Session) and clause 8 (Your rights to end the contract if you book a series of Sessions).
5. My right to make changes
It may be necessary for me to change the Session(s) (including the nature and/or scope of such Session(s)). Reasons for such changes may include, but shall not be limited to, the following:
(a) to reflect changes in relevant laws and/or regulatory requirements; or
(b) due to unexpected limits on resources; or
(c) where I have identified an error in the price or description of the Session(s).
6. Delivering the Sessions
6.1 When I will deliver the Session(s). I will deliver the Session(s) to you on the dates and times set out in the booking confirmation or as otherwise notified to you by me in writing.
6.2 I am not responsible for delays / cancellations outside of my control. If my delivery of the Session(s) is affected by an event outside of my control, then I will contact you as soon as possible to let you know and use reasonable endeavours to make alternative arrangements. Provided I do this I will not be liable for delays caused by the event, but you may contact me to cancel the relevant Session and receive a refund for any Session(s) you have paid for but not received as a result of the delay.
6.3 I may cancel the Session(s) if you do not pay. If you do not pay for the Session(s) when you are supposed to and you still do not make payment within 5 days of me reminding you that payment is due, I may cancel the relevant Session(s) until you have paid the outstanding amounts. I will contact you to tell you I am cancelling the Session(s).
7. Cancelling a Session
7.1 How to cancel a Session. You may contact me to cancel a Session up to 48 hours before a Session is due to be delivered and I will issue you with a refund for the relevant Session, which shall be the price you have paid for the Session.
7.2 If you fail to give sufficient notice (as referred to in clause 7.1), you will not be eligible for a refund. This includes if you arrive at a Session later than the scheduled start time.
7.3 For the avoidance of doubt, if you arrive at a Session later than the scheduled start time, the Session will still finish at the scheduled end time.
8. Your rights to end the contract (e.g. if you book a series of Sessions)
8.1 You can end the contract before the Sessions have been supplied and paid for. You may contact me up to 48 hours before the next scheduled Session to cancel the contract for the remaining series of Sessions.
8.2 What happens if you have good reason for cancelling the contract. If you are cancelling the contract for a reason set out at (a) to (c) below, the contract will end immediately and I will refund you in full for any Sessions which have not been provided. The relevant reasons are:
(a) I have told you about an error in the price or description of the Sessions you have booked, and you do not wish to proceed;
(b) there is a risk the delivery of the Sessions may be significantly delayed because of events outside of my control; or
(c) you have a legal right to end the contract because of something I have done wrong.
9. How to end the contract with me if you have booked a series of Sessions (including if you have changed your mind)
Tell me you want to end the contract. To end the contract with me, please let me know by contacting me via one of the following methods:
(a) by telephone on 07912350988
(b) by e-mail at elizabeth@sustainedcounselling.com; or
(c) via the messaging service on the online platform via which you make your booking with me.
10. My right to cancel a Session
10.1 I may contact you to cancel a Session up to the scheduled start time of such Session, at which time I will use reasonable endeavours to make alternative arrangements and issue you with a full refund for the cancelled Session.
10.2 I may cancel a Session at any time if you do not make payment to me when it is due.
11. My rights to end the contract if you have booked a series of Sessions
11.1 I may end such contract if you break it. I may end the contract at any time by writing to you if:
(a) you do not make any payment when it is due, and you still do not make payment within 5 days of reminding you that payment is due; or
(b) if, in my sole discretion and opinion, your behaviour and/or conduct is inappropriate.
11.2 I may stop delivering the Sessions. I may contact you to let you know that I am going to stop delivering the Sessions. I will refund any sums you have paid in advance of the Sessions which will not be provided.
12. If there is a problem with the Sessions
12.1 How to tell me about problems. If you have any questions or complaints about the Sessions, please contact me. You can contact me by telephone at 07912350988 or by writing to me at elizabeth@sustainedcounselling.com or via the messaging service on the online platform via which you make your booking with me.
12.2 You may also contact my regulatory body at British Association for Counselling and Psychotherapy (BACP) 15 St John’s Business Park, Lutterworth LE17 4HB.
13. Price and payment
13.1 Where to find the price for the Session(s). The price of the Session(s) will be the price as notified to you at the time of your booking. I will take all reasonable care to ensure that the price(s) of the Session(s) advised to you is correct. However please see clause 13.2 for what happens if I discover an error in the price of the Session(s).
13.2 What happens if I get the price wrong. It is always possible that, despite best efforts, the Session(s) may be incorrectly priced. I will normally check prices before accepting your booking so that, where the correct price for the Session(s) at the date of your booking is less than my stated price at the date of your booking, I will charge the lower amount. If the correct price for the Session(s) at the date of your booking is higher than the price stated, I will contact you for your instructions before I accept your booking.
13.3 When you must pay and how you must pay. You must pay for the Session(s) in advance at the time of your booking. I accept payment by bank transfer.
14. Liability
14.1 I cannot foresee or guarantee the outcomes of the Session(s), which are dependent on a variety of factors outside of my control, and, subject to clause 14.3, I accept no liability in relation to the same.
14.2 Limitation of liability. Subject to clause 14.3, my total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract with you shall be limited to the total charges paid by you for the Sessions during the 12 months immediately preceding the date on which the claim arose.
14.3 I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence or the negligence of agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Session(s), including the right to be provided with Sessions, which are as described and supplied with reasonable skill and care.
15. Confidentiality and how I may use your personal information
15.1 How I will use your personal information. I will only use your personal information in line with data protection legislation in force from time to time and as set out in my Privacy Policy. You can find my Privacy Policy at www.sustainedcounselling.com
15.2 In order to provide the Sessions to you, and to effectively exercise my duty of care to you whilst I am providing such Sessions, I will need to process and hold personal data about you, including (but not limited to) the following: personal details (including contact details), emergency contact details, attendance history, correspondence history and anonymised Session notes. Please refer to my Privacy Policy for more details.
15.3 All matters that you discuss with me during a Session are confidential. I may share your personal information, or details of your Sessions, with a third party where I have concerns about your health or safety or the health or safety of someone else, or where I am required to do so in compliance with law, regulation or a court order. I will endeavour to speak to you about this first.
15.4 I may discuss clinical work with a supervisor, which may include details of your Session(s). This is done with your interests in mind and to ensure the Sessions are being delivered with reasonable skill and care. These conversations are confidential and you will only be referred to by your initials.
15.5 I shall keep a record and store notes from your Session(s). Such notes are stored securely. These notes are for my use only and assist with keeping a track of all matters that are being discussed during the Session(s). These notes are kept securely for a reasonable length of time after your final Session, after which they will be securely destroyed.
15.6 Under data protection legislation, you have the right to request access to notes from your Session(s). Should you wish to access a copy of your Session notes whilst you are still in counselling, please discuss this with me. Should you wish to access a copy of your Session notes at any time after your final Session, please email elizabeth@sustainedcounselling.com or call 07912350988 to make this request.
15.7 You also have the right to request that I securely destroy the personal data that I hold about you, including your Session notes. This can be arranged by contacting me on the details provided in clause 15.6 above. Depending on the circumstances, I may not be able to comply with such request, including (but not limited to) where:
(a) it is necessary for me to retain these records in order to continue providing services to you;
(b) I am compelled to retain these records by law, regulation or a court order; or
(c) I require these records in order to establish, exercise or defend legal claims.
16. Other important terms
16.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.2 Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you, but I continue to deliver the Sessions, I can still require you to make the payment at a later date.
16.3 If you live in Scotland, you can bring legal proceedings in respect of the Session(s) in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Session(s) in either the Northern Irish or the English courts.
