Privacy statement

Mediation is about trust. That also applies to the way I handle your personal data. In this privacy statement you can read which data DKM Mediation processes, why, how long I keep it and what rights you have. In doing so, I comply with the General Data Protection Regulation (GDPR).

This is a translation of the Dutch privacyverklaring. In case of any difference, the Dutch text prevails.

Who is responsible?

DKM Mediation is a trade name of De Krosse Management BV, located at Pa Verkuijllaan 16, 1171 EE Badhoevedorp, the Netherlands. De Krosse Management BV is the controller for the processing of personal data as described in this statement.

Questions about privacy? Email info@dkmmediation.com.

Which data do I process, and why?

When you contact me through the website

If you fill in the contact form, I receive your name, email address, phone number and your question or message. Your request ends up in my own practice system. I use this data to contact you, answer your question and, if applicable, schedule an introduction. The legal basis is your request for contact (steps prior to entering into an agreement) and my legitimate interest in answering questions.

When you book an introduction

If you book an appointment through the website, I process your name, contact details and the chosen time in order to schedule and confirm the appointment.

During a mediation

For a mediation, we enter into a mediation agreement. To carry out the mediation properly, I process data of the participants, such as:

• name, address, phone number, email address and date of birth;
• data about your situation, such as marital status, children, home, income, assets, pension and (in employment mediation) the employment relationship;
• the documents you provide and the documents I draw up, such as reports, the divorce settlement agreement, the parenting plan or a settlement agreement;
• if needed for the documents that go to the court or an authority: the citizen service number (BSN). I store it encrypted;
• sometimes sensitive information that you bring in yourselves, for example about health. I only use it to the extent necessary for the mediation.

The legal basis is the performance of the mediation agreement. Everything discussed in the mediation falls under my duty of confidentiality under the MfN Mediation Rules.

Recordings of sessions

A session is only recorded if all participants give their explicit consent in advance, per session, and only after the mediation agreement has been signed. A recording serves only as an aide-memoire for the mediator when working out the session. Recordings are deleted no later than 7 days after the session; any transcript is deleted as soon as the substantive sessions have been completed. A recording is never part of the file or evidence and is not provided to the parties. You can always refuse or withdraw your consent.

For the administration

For invoices and bookkeeping, I process name, address, billing details and payments. In the case of legal aid, I exchange the necessary data with the Dutch Legal Aid Board (Raad voor Rechtsbijstand). The legal basis is the performance of the agreement and the statutory (tax) retention obligation.

Website visits and cookies

The website uses functional cookies that are needed for the site to work properly. Only if you give your consent via the cookie notice does the website also use cookies from Google Analytics (to measure how the site is used) and Google Ads (to measure advertising and make it more relevant). You can withdraw or change your consent at any time via the cookie settings on the website. You can also block or delete cookies via your browser settings.

With whom do I share data?

I never sell your data and only share it when necessary:

• With the other participants in the mediation, insofar as that is part of the mediation. In employment mediation, employer and employee do not have access to each other's files.
• With the lawyer who, in a divorce, checks the documents and files them with the court, and with other experts (such as a financial adviser), only with your consent.
• With the Dutch Legal Aid Board, if legal aid applies.
• With service providers that support me (processors), such as hosting of the practice system and the website, email, digital signing and bookkeeping. I have made agreements with them about security and confidentiality.
• With the caretaker under the continuity arrangement, only if something happens to me and ongoing mediations have to be transferred or cancelled.
• If required by law.

Where is the data stored?

Files and documents are stored in the European Union. Only I (and, in a co-mediation, the fellow mediator involved) have access to your file. Participants get access to the documents intended for them via a secure client portal. Access links expire and can be revoked.

With Google Analytics and Google Ads, data may be processed outside the EU, for example in the United States. This only happens with your consent and with the safeguards required by the GDPR.

How long do I keep data?

• Mediation file: 20 years after the mediation has been completed. Agreements from a mediation, such as a divorce settlement agreement or parenting plan, may still be relevant years later.
• Administration (invoices and bookkeeping): 7 years, because of the statutory retention obligation.
• Other contact details (for example a request via the contact form that does not lead to a mediation): 1 year after the last contact.
• Cookies: for as long as stated in the cookie settings.

After that, the data is deleted or anonymised.

Security

I take appropriate technical and organisational measures to protect your data against loss and unauthorised use. These include encrypted connections, encrypted storage of sensitive data such as the BSN, strong access security and storage in the EU.

Your rights

You have the right to:

• access your data;
• have incorrect data corrected;
• have your data deleted, insofar as I am not required to keep it by law or under the mediation agreement;
• have the processing restricted;
• receive your data in a common format or have it transferred;
• object to processing based on legitimate interest;
• withdraw your consent, for example for cookies or a session recording.

Send your request to info@dkmmediation.com. I will respond within one month. To prevent misuse, I may ask you to identify yourself. Please note: the confidentiality of the mediation and the privacy of the other participants may limit what I can provide.

A complaint?

If you are not satisfied with how I handle your data, please let me know via info@dkmmediation.com. If we cannot resolve it together, you can file a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, autoriteitpersoonsgegevens.nl).

Changes

I may amend this privacy statement, for example if my working method or the law changes. The most recent version is always on this page.