Data Retention Policy

1. Purpose

This Policy explains how long ProMediate (UK) Limited retains information and how information is securely destroyed.

2. ADR Case Records and Information Sharing

ADR case records

ProMediate retains personal information only for as long as reasonably necessary for the purposes for which it was collected and in accordance with applicable data protection requirements.

Following closure of an ADR case, information which is no longer required will be deleted or anonymised where appropriate.

ProMediate may retain a limited core case record for up to three years from the date the case is closed. This may include relevant case correspondence, procedural records, information necessary to demonstrate how the case was handled, and the ADR outcome, recommendation, settlement record or report.

The purpose of this retention is to enable ProMediate to meet legitimate requirements relating to regulatory oversight, accreditation, audit, statutory or regulatory reporting, complaints handling and accountability.

Supporting evidence and documents which are no longer reasonably required for those purposes may be deleted earlier.

At the end of the applicable retention period, personal data will be securely deleted or anonymised unless there is a specific legal, regulatory or other lawful reason requiring it to be retained for longer.

ProMediate may retain anonymised statistical information about concluded ADR cases for regulatory reporting, monitoring and service-improvement purposes. Where information has been effectively anonymised so that individuals are no longer identifiable, it is not retained as an identifiable consumer case record.

Sharing information as part of the ADR process

In order to conduct ADR fairly and effectively, ProMediate may share information, documents, evidence, representations and comments supplied by one party with the other party to the dispute. For example, information supplied by a consumer may be provided to the participating trader so that the trader can respond, and information supplied by the trader may be provided to the consumer so that the consumer has an opportunity to comment.

Parties should therefore not provide information to ProMediate on the assumption that it will automatically be withheld from the other party.

ProMediate will only share information where this is reasonably necessary or appropriate for the administration and determination of the ADR case, or where otherwise required or permitted by law or applicable regulatory requirements.

If a party considers particular information to be confidential and believes that it should not be disclosed to the other party, they should identify that information and explain why when submitting it. ProMediate will consider the request, but may be unable to take information into account when determining or evaluating the dispute if fairness requires that the other party be given an opportunity to see and respond to it.

ProMediate may also disclose information where reasonably necessary to its ADR Officials, service providers acting on its behalf, competent authorities or regulators, or where disclosure is otherwise required or permitted by law.

3. Statistical Information

Following deletion or anonymisation of case records, ProMediate may retain limited statistical information required for regulatory purposes including:

• case reference;
• consumer name;
• trader;
• type of dispute;
• dates;
• outcome;
• compliance information; and
• duration.

This information enables:

• regulatory reporting;
• quality assurance;
• management information;
• annual statistics; and
• audit requirements.

4. Financial Records

Invoices and accounting records will normally be retained for six years in accordance with legal and taxation requirements.

5. Complaints

Complaints about ProMediate will normally be retained for six years.

6. Training Records

Mediator training records, assessments and certificates will normally be retained for six years.

7. Recruitment Records

Recruitment records will normally be retained for twelve months unless a longer period is required by law.

8. Website Enquiries

General enquiries that do not progress into work will normally be deleted after twelve months.

9. Secure Disposal

Electronic records are securely deleted.

Paper records are confidentially shredded or otherwise securely destroyed.

10. Legal Proceedings

Where litigation, regulatory investigation or legal obligations require, information may be retained beyond the normal retention period until the matter has concluded.

11. Responsibility

The Directors of ProMediate are responsible for ensuring compliance with this Policy.

12. Review

This Policy will be reviewed annually.

This policy should be read together with:

• Consumer ADR Terms and Conditions
• Privacy Policy
• Cookie Policy
• ADR Scheme Rules
• Complaints Policy
• Information Security Policy

Contact

If you have a question about how long we keep your information, or you would like to request deletion, please contact us.

Version History

This policy is reviewed at least annually.