This is the privacy statement of FairSights Mediation, part of FairSights B.V., Veemarktkade 8, 5222 AE ’s-Hertogenbosch in the Netherlands (further herein also ‘we’). This privacy statement applies to the processing of personal data of everyone visiting our website or being in contact with us. In this privacy statement you will find information about the way in which we treat personal data. If after having read this privacy statement you still have questions, if you want to exercise your rights pursuant to the General Data Protection Regulation (‘GDPR’) set out in this privacy statement or other legislation and regulations about personal data, or if you want to lodge a complaint about the use of your personal data, you can contact us by phone (+31 (0) 85 0020 864) or via e-mail (email@example.com). If you are not satisfied with the way in which your complaint has been dealt with or if you prefer no to file your complain with us, you can also lodge them with the Dutch Authority of Personal Data via the website autoriteitspersoonsgegevens.nl.
FairSights Mediation and the mediator handling your case are responsible for processing your personal data en in doing so will do it with the greatest possible care and obviously comply with the rules arising from GDPR.
Process Personal Data
Mediation file. For a mediation assignment, FairSights Mediation processes the personal data that parties involved provide us. These include contact details such as name, address, e-mail address, telephone number and personal details that are relevant to the file. Depending on the subject of the mediation, this may also concern sensitive and/or special personal data.
Invoicing. When issuing a mediation assignment, FairSights Mediation also processes data that are necessary for sending invoices and processing payments for the services that the mediator performs. In addition to contact details, this includes bank account numbers and other necessary payment details of the party(/ies) that take care of the costs of the mediation.
Contact. If you contact us via the contact form on this website, by mail or by telephone, FairSights Mediation processes the information that you provide. This concerns contact details (name, e-mail address, telephone number) and the reason why you contact us.
Analysis of website visitors. This site uses Google Analytics to analyse how visitors use our website via 'cookies' (text files placed on your computer). This also stores (part of) the IP address of visitors. For more information, see our Terms & Disclaimer.
Use Personal Data
Mediation file. The mediator uses the personal data that you provide in connection with mediation instructions to handle the mediation file. Because it may be the case that sensitive and/or special personal data are processed during the mediation process (and this is not always clear in advance), we ask your consent to process personal data. Parties give this consent by signing the mediation agreement. Unfortunately, in the absence of this permission, parties cannot use the services of the mediator, because the mediator cannot perform the services without processing personal data that are relevant to the file. They always have the right to withdraw their consent; the mediator can then no longer process personal data. From the moment permission has been withdrawn, the mediator can no longer provide any services to the parties involved, and will then have to close the mediation file immediately.
Invoicing. We use the payment data that parties have provided FairSights Mediation to invoice our mediation activities. This processing is necessary to carry out the agreement that you have formed with us.
Contact. We use the contact details that parties provide to FairSights Mediation to contact the them if necessary. We process these personal data because this is necessary for representing our justified interest, namely the interest of being able to perform our activities and to secure new assignments.
Newsletter. FairSights Mediation also uses e-mail addresses provided to occasionally send newsletters about our services. For parties that have given us an assignment, there is a so-called 'existing customer relation' and we will send newsletters based on our justified interest. For those who have never used our services before but have come into contact with us in another way (for example, by completing the contact form or sending an e-mail with a question), we first ask permission to send newsletters before we do this.
Analysis of website visitors. The data FairSights Mediation collects about visitors to the website are only used to keep statistics about website visits. The data are stored in an anonymous form.
Store Personal Data
Mediation file. In principle FairSights Mediation saves the mediation file, and the personal data included in it, for twenty years after the file has been closed, in connection with the maximum period of limitation. In exceptional cases, we will store a file for longer than twenty years if, for instance, if the period of limitation has been interrupted or if the mediator is of the opinion that there is another justified interest to store the file for a longer period.
Administration. FairSights Mediation, as part of FairSights B.V., retain our administration including the invoices and other records on which the personal details of the parties are stated for a period of seven years after the close of the financial year in order to comply with the fiscal retention obligation.
Other contact details. FairSights Mediation stores other contact details for one year after the most recent contact, unless the parties involved submit a request to us to remove the data sooner.
Analysis of website visitors. The details of website visitors are retained two years after the visit to the website in accordance with the standard settings of Google Analytics.
Share Personal Data
The details of parties involved in mediation are stored in a digital file and may appears in e-mails sent or received by FairSights Mediation and the mediator in question, and are therefore stored with them (and processed) by our ICT providers. In addition, FairSights B.V. forwards the payment data that the parties provide to us for invoicing purposes to the accounting firm that carries out our financial administration and reporting. FairSights B.V. has entered into a processor agreement with this party in which at least the same level of security and confidentiality has been stipulated as you may expect from us.
If parties that were involved in a mediation, lodges a complaint against the mediator concerned that relates to the treatment of a mediation file which includes personal data of these parties, your personal data can be provided to the Quality Foundation from Mediators (‘Stichting Kwaliteit Mediator’, SKM) and/or the foundation ‘Stichting Tuchtrechtspraak Mediation’ (STM, a disciplinary court for mediation). Both authorities treat personal data provided to them as confidential.
FairSights Mediation will not provide obtained personal data to third parties, unless we are obliged to provide certain data pursuant to applicable legislation and regulations, for instance to the judiciary or the police n connection with preliminary investigation proceedings.
Secure Personal Data
We have taken appropriate technical and organisational security measures to protect your personal data against loss, abuse and unauthorised access by third parties. Moreover, we also oblige and select our ICT providers on the basis of the same security measures.
Rights Interested Parties
All parties of which FairSights Mediation stores personal data have the following rights when it comes to their personal data:
Right to inspect your own personal data and to receive a copy thereof.
Right to rectification of personal data if these are inaccurate or incomplete.
Right to object to processing and/or, in certain cases, the right to restrict it.
Right to have your personal data deleted in certain cases (‘right to be forgotten’).
Right to obtain your personal data in a structured, common and machine-readable form and to transfer that data to another.
For more information about these rights and when you can exercise them in Articles 15 up to and including 20 of the General Data Protection Regulation. You can exercise your rights by contacting us via the aforementioned e-mail address or telephone number.
Sometimes there might be a change in the personal data FairSights Mediation processes or in applicable laws and regulations. In that case we may adjust this privacy statement. In the event of major changes, we will place a notification on our website and/or inform you of the amendments by e-mail.