MY PERSONAL THERAPY – THERAPIST TERMS AND CONDITIONS
These are the terms applicable to use of the MPT platform, and all orders for therapy services between MPT Ltd and therapists registered with the MPT platform. Please read them carefully. In particular, please note the following:
– Section 2.3, under which the Therapist agrees that it shall be deemed to have accepted a client booking unless the Therapist declines the booking within 24 hours of being notified of it.
– Section 12.1, which provides for the charges payable to the Therapist being subject to amendment by MPT on 4 weeks’ notice.
– Section 17.2, which permits MPT to cancel a booking in the event that the end client cancels its order placed by means of the
The following definitions and rules of interpretation apply in these Conditions.
Agreement: the agreement between MPT and the Therapist constituted by the Therapist’s acceptance of these Conditions.
Bio Details: biographical materials (including images of the Therapist) and description of the Therapist’s therapy practice as comprised in the Registration Details and as updated from time to time by the Therapist.
Booking: the contract between MPT and the Therapist for the supply of Therapist Services in accordance with these Conditions.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by MPT for the supply of the Therapist Services in accordance with section 12 (Charges and payment).
Client Session: a therapy session with a Client as specified in a Booking.
Client Subscription: a subscription entered into by a Client with MPT for the provision of therapy materials and services.
Client: a user of the Platform who purchases a subscription to therapy services with MPT by means of the Platform.
Commencement Date: the date of acceptance of these Conditions by the Therapist.
Conditions: these terms and conditions as amended from time to time in accordance with section 19.6.
Control: shall be as defined in section 1124 of the Corporation Tax Act 2010, and the expression change of Control shall be construed accordingly.
Course Material Feedback: any feedback, comment or response by the Client to any questions posed to them in the Course Materials.
Course Material: any online text, video, audio and graphic material produced by MPT for Clients.
Data Protection Law: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
Intellectual Property Rights: copyright and neighbouring and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Membership Fee: the sum of £10 (or such other sum as may be notified by MPT to the Therapist from time to time) in respect of management of the Therapist’s account on the Platform.
MPT Client Requirements: the following MPT policies:
MPT: My Personal Therapy Limited registered in England and Wales with company number 11326005.
Order: MPT’s order for the supply of Therapist Services in respect of a Client, as set out in the Platform or by email.
Personal Data: is as defined in Data Protection Laws.
Platform: the Therapist and Client relationship management platform made available by MPT by means of the Website.
Rate Card: means the sums payable to the Therapist in respect of the Therapist Services, as amended by MPT from time to time on 4 weeks’ notice.
Referral Fee: an amount (notified to Therapist on request and subject to modification by MPT at its discretion) payable to the Therapist by MPT in the event that (i) a Client purchases a Client Subscription having been first introduced to MPT by the Therapist during the period of use of the Platform by the Therapist; and (ii) the first month’s charges under the Client Subscription are not refunded to the Client.
Registration Details: the information obtained from the Therapist in the course of facilitating the Therapist’s use of, and listing on, the Platform, including Bio Details, insurance and professional body accreditations and responses to sign-up assessment.
Session Timetable: the amount and frequency of Client Sessions comprised in the Booking, as specified in the Order.
Specification: the description or specification for the Therapist Services specified by MPT in the Order.
Technical Security Requirements: the standard MPT requirements regarding technical security of Client data, as notified by MPT to the Therapist by email or the Platform from time to time.
Therapist: the person, company or entity from whom MPT purchases the Therapist Services, being a registered user of the Platform.
Therapist Services: the therapy services to be provided by the Therapist under the Booking, as set out in the Specification.
(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email or use of the Platform.
2. Basis of contract
2.1 Registration by the Therapist for use of the Platform constitutes acceptance of these Conditions and creates a contract for use of the Platform by the Therapist.
2.2 The Order constitutes an offer by MPT to purchase Therapist Services in accordance with these Conditions.
2.3 The Order shall be deemed to be accepted on the earlier of the following: (i) the Therapist issuing acceptance of the Order, through the Platform or by email to firstname.lastname@example.org; or (ii) on the expiry of 24 hours from the Order being notified by MPT to the Therapist (“Rejection Deadline”), unless the Therapist has prior to the Rejection Deadline rejected the Order by email to email@example.com. On acceptance or deemed acceptance of the Order (as the case may be), the contract for the Booking shall come into existence. If the Therapist wishes to decline the Order, it must do so in advance of the Rejection Deadline by email to firstname.lastname@example.org. If the Therapist does not actively reject the Order by email prior to Rejection Deadline, it will be deemed to have automatically accepted the Order.
2.4 These Conditions apply to the Booking to the exclusion of any other terms that the Therapist seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.5 MPT is not obliged to notify the Therapist of any Orders. The Therapist is under no obligation to accept any Orders.
3. Supply of Therapist Services
3.1 The Therapist shall from the date specified in the Booking and for the duration of the Client Subscription provide the Therapist Services to MPT in respect of the Client specified in the Booking, in accordance with the terms of the Booking and these Conditions.
3.2 The Therapist shall attend the Client Sessions at the times and the dates agreed with the Client by means of the Platform.
3.3 The Therapist shall upload to the Platform a response to Course Material Feedback within 72 hours of it being submitted by a Client to the Therapist by means of the Platform.
3.4 It shall be a condition of the Booking that the Therapist secures all necessary consents in respect of the Client using such consent to therapy as may be notified to the Therapist by MPT or made available to it by means of the Platform.
3.5 In providing the Therapist Services, the Therapist shall:
(a) perform the Therapist Services with the best care, skill and diligence in accordance with best practice in the Therapist’s industry, profession or trade;
(b) comply at all times with any guidelines or professional conduct requirements of any professional body to which the Therapist is accredited ;
(c) in all cases comply with the British Association for Counselling and Psychotherapy’s [link – Ethical Framework for the Counselling Professions: review https://www.bacp.co.uk/events-and-resources/ethics-and-standards
(d) ensure that the Therapist Services and Client Sessions will be delivered in accordance with the Booking;
(e) provide all computing devices, access to video facilities and such other items as are required to provide the Client Sessions (MPT will provide access to Therapy Chat tools);
(f) comply with the MPT Client Requirements, all applicable laws and regulations which may apply from time to time to the provision of the Therapist Services;
(g) not do or omit to do anything which may cause MPT to lose any licence, authority, consent or permission on which it relies for the purposes of conducting its business, and the Therapist acknowledges that MPT may rely or act on the Therapist Services;
(h) not make any recording of any Client Sessions (except for any text notes of the Client Session); and
(i) comply with any additional obligations as set out in the Specification.
3.6 The Therapist shall notify MPT by email to email@example.com not less than one month prior to any period of 3 or more days’ unavailability to attend Client Sessions or provide Therapist Services.
3.7 The Therapist shall ensure that it arranges for such supervision in respect of Bookings as may be required to meet its professional obligations. MPT may make available in the Therapist Forum a facility for supervision. The Therapist acknowledges that any arrangements for supervision made in respect of the Therapist Forum are between the Therapist and the relevant supervisor. MPT does not provide the Therapist with supervision services; it merely provides a venue by means of which the Therapist may request and arrange supervisions services from a third party supervisor. No warranty is given by MPT as to the nature or quality of any supervision arranged in respect of the Therapist Forum.
4. Communications with Clients
4.1 The Therapist shall be responsible for keeping its diary on the Platform updated for the purposes of scheduling Client Sessions with the Client in accordance with the Session Timetable. The Therapist shall ensure at all times that the diary on the Platform reflects the Therapist’s availability for Client Sessions.
4.2 The Therapist shall ensure that it provides Clients a suitable range of options for booking Client Sessions. The Therapist should make available in its diary on the Platform a minimum of 3 hours, plus one hour for each Client in respect of which it has a current Booking. By way of illustration, if the Therapist has a current Booking in respect of 1 client it needs to make available a minimum of 4 different hourly slots on its diary. Where Therapist has 2 current Clients, it should make available 5 hours; 3 Clients needs 6 hours, and so on.
4.3 In the event that the Therapist does not offer sufficient availability for Client Sessions in accordance with a Session Timetable, MPT may arrange for the Booking to be assigned to a different practitioner on the Platform, or by an MPT qualified therapist staff member. The Therapist will not be paid in any such event.
4.4 The Therapist shall use best endeavours to avoid rescheduling a Client Session. In the event that the Therapist has to reschedule a scheduled Client Session, to the extent reasonably possible it shall notify the Client and MPT no less than 48 hours in advance.
4.5 In the event that communication on any Client Session conducted by means of video call is impaired for technical and environmental reasons (for example, poor connection or video rendering), the Therapist will notify the Client that the remainder of the Client Session will be provided by telephone.
4.6 The Therapist acknowledges that it operates as a subcontracting provider of services for MPT. MPT, not the Client, is responsible for paying any Charges due to the Therapist. The Therapist shall not be entitled to nor request any payment from the Client, and acknowledges that its sole remuneration in respect of the Therapist Services is as set out in section 12.
5. MPT remedies
5.1 If the Therapist fails to perform the Therapist Services in accordance with these Conditions, MPT shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights:
(a) to terminate the Booking with immediate effect by giving written notice to the Therapist;
(b) to recover from the Therapist any costs incurred by MPT in obtaining substitute therapy services from a third party;
(c) to require a refund from the Therapist of sums paid in advance for Therapist Services that the Therapist has not provided; and
(d) to claim damages for any additional costs, loss or expenses incurred by MPT which are in any way attributable to the Therapist’s failure to meet such dates.
5.2 These Conditions shall extend to any substituted or remedial services provided by the Therapist.
5.3 MPT’s rights under the Booking and these Conditions are in addition to its rights and remedies implied by statute and common law.
6. MPT’s obligations
(a) provide such necessary information for the provision of the Therapist Services as the Therapist may reasonably request;
(b) pay the Charges in accordance with section 12 below; and
(c) pay to the Therapist any Referral Fee arising during the term of use of the Platform.
7. The Platform
7.1 The Therapist will keep confidential any password or other authentication for its use of the Platform, and shall notify MPT immediately on suspicion that any other person has obtained access to it. The Therapist is solely and fully responsible for all activities that occur under its account for the Platform, even if such activities are not authorised by the Therapist. The Therapist shall at all times use a ‘strong’ password and change it on a monthly basis.
7.2 Except as expressly and specifically provided in these Conditions, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded by MPT; and the Platform is provided to the Therapist on an “as is” basis.
7.3 The Therapist undertakes in favour of MPT as follows:
(a) not to remove, suppress or modify in any way any proprietary markings including any trade mark or copyright notice on the Platform; and
(b) not to resell, re-market or otherwise distribute any portion of the Platform, or offer to make the Platform available to others.
7.4 The Therapist shall be responsible for obtaining and maintaining all necessary permissions, consents and licences to enable the Therapist to use the Platform and submit the Registration Details.
7.5 The Therapist shall maintain procedures to facilitate reconstruction of any lost or corrupted Registration Details and the Therapist agrees that MPT will not be liable under any circumstances for any consequences arising from lost or corrupted Registration Details or files which would not have been lost if such procedures had been maintained.
7.6 The Therapist will be responsible for maintaining the security of any passwords or usernames issued to it in respect of the Platform. The Therapist shall keep the password and username confidential and safely stored and shall not disclose them to any person other than those who need to have access to the Platform and who are aware of the Therapist’s obligations to keep those details secure. The Therapist shall immediately notify MPT by email to firstname.lastname@example.org of any suspected security breach or improper use.
7.7 MPT and the Therapist will co-operate with any investigation relating to security that is carried out by or on behalf of MPT.
7.8 No representation or warranty is made by MPT as to the availability of the Platform, or that the Platform will operate without error or interruption.
8. Course Materials
8.1 The Therapist acknowledges and agrees that MPT and/or its licensors own all Intellectual Property Rights in the Course Materials.
8.2 MPT hereby grants the Therapist a limited, revocable, non-exclusive licence to reproduce and make available to Clients the Course Materials, strictly for the purposes of providing the Therapist Services.
8.3 Except as expressly stated herein, nothing in these Conditions grants the Therapist any rights to, under or in, any copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights in respect of the Course Materials.
9. Client Reviews
9.1 The Therapist acknowledges that Clients will have the facility to leave reviews of the Therapist’s services on the Website. All reviews are provided by Clients. MPT cannot reasonably verify the accuracy of each one. MPT therefore takes no responsibility and assumes no liability for any review by a Client. The Therapist agrees that MPT is not responsible for any mistakes, defamation, or omissions in any Client review. If the Therapist considers that any review is defamatory of the Therapist, or infringes their rights in any way, the Therapist is encouraged to notify MPT by email to email@example.com.
10. Data Protection
10.1 The Therapist acknowledges that MPT shall process certain Personal Data regarding the Therapist and acknowledges that it has been referred to the MPT Therapist Privacy Notice which sets out details of MPT’s processing of Therapist’s personal data.
10.2 To the extent that Therapist processes any Personal Data of Clients under a Booking, the parties agree that it does so solely for the purposes of providing the Therapist Services. The provisions of the MPT [link – Data Processing Terms] shall apply to any such processing.
10.3 Without limitation, the Therapist shall at all times ensure that it abides by (i) the Technical Security Requirements; and (ii) all Data Protection Laws.
11. Therapist Forum
11.1 MPT shall provide Therapist with credentials for access to the MPT online community for mentors and therapists using the Platform, including a Trainer Forum and Supervision Forum (such community referred to here as the “Therapist Forum”).
11.2 To the extent that the Therapist wishes to avail itself of any supervision services by means of the Supervision Forum, this is at the Therapist’s discretion.
11.3 The Therapist shall at all times abide by the MPT Therapist Forum [link – Acceptable Use Policy] in its use of the Therapist Forum.
12. Charges and payment
12.1 The Charges for the Therapist Services shall be set out in Rate Card in effect from time to time as may be amended by MPT from time to time with 4 weeks’ prior notice, with effect for both current and future Bookings. The Charges shall be the full and exclusive remuneration of the Therapist in respect of the performance of the Therapist Services. Unless otherwise agreed in writing by MPT, the Charges shall include every cost and expense of the Therapist directly or indirectly incurred in connection with the performance of the Therapist Services.
12.2 In consideration of the supply of the Therapist Services by the Therapist, MPT shall pay the sums specified in the Order within 5 Business Days of the end of the calendar month in which the Therapist Services were provided, except in the event that the Client notifies MPT that the Client Sessions are of unsatisfactory quality or do not fulfil the Specification. In the event of such a notification, MPT shall be entitled to discount the Charges by a sum equal or less than that by which MPT discounts its own charges to the Client in respect of the Booking. MPT will only do this if it, having conducted an investigation of the Client Sessions in good faith, it considers that the Client Sessions are likely to have been unsatisfactory or did not meet the Specification. The Therapist acknowledges that this may result in a 100% discounting of the Charges.
12.3 All amounts payable by MPT under the Booking are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Booking by the Therapist to MPT, MPT shall pay to the Therapist such additional amounts in respect of VAT as are chargeable on the supply of the Therapist Services at the same time as payment is due for the supply of the Therapist Services.
12.4 If MPT fails to make a payment due to the Therapist under the Booking by the due date, then MPT shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this section 12.4 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
12.5 MPT may at any time, without notice to the Therapist, set off any liability of the Therapist to MPT against any liability of MPT to the Therapist, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under the Booking. Any exercise by MPT of its rights under this section shall not limit or affect any other rights or remedies available to it under the Booking or otherwise.
12.6 The Therapist shall pay to MPT the Membership Fee on an annual basis in advance, or by monthly instalments as agreed.
13. Registration Details
13.1 The Therapist acknowledges that use of the Platform is conditional upon Registration Details being provided to MPT.
13.2 The Therapist warrants and undertakes that the Registration Details will at all times be honest, accurate, lawful and not misleading, and shall not infringe any third party Intellectual Property Rights.
13.3 Ownership of all Intellectual Property Rights in the Bio Details shall be retained by the Therapist.
13.4 The Therapist hereby grants to MPT a fully paid-up, worldwide, non-exclusive, personal, royalty-free, fully sublicenseable, perpetual and irrevocable licence to use the Bio Details for any purpose in any medium, including for any marketing and promotional purpose (including use in any MPT website or social media channel).
14.1 The Therapist shall indemnify MPT against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by MPT arising out of or in connection with:
(a) any claim made against MPT or the Client (or any licensee of either of them) by a third party arising out of, or in connection with, the supply of the Therapist Services;
(b) any failure by the Therapist to obtain any consent required to provide the Therapist Services;
(c) personal injury or death of any person or injury or damage to any property real or personal arising out of or in the course of or related to the Therapist Services;
(d) any negligence or breach of duty on the part of the Therapist or its personnel; any breach or non-performance or non-observance by the Therapist of the Booking; any act, omission, default or neglect of the Therapist, its servants or agents which involve MPT in any liability to the Client; and
(e) any injury to any person in the employment of or under the control of the Therapist.
14.2 This section 14 shall survive termination of the Booking and of the Therapist’s use of the Platform.
15. Limitation of Liability of MPT
15.1 This Condition 15 sets out the entire financial liability of MPT (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Therapist:
(a) arising under or in connection with these Conditions;
(b) in respect of any use made by the Therapist of the Platform or any part of it; and
(c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
15.2 Except as expressly and specifically provided in this agreement:
(a) the Therapist assumes sole responsibility for results obtained from the use of the Platform by the Therapist, and for conclusions drawn from such use;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
(c) access to the Platform is provided to the Therapist on an “as is” basis.
15.3 Nothing in this agreement excludes the liability of MPT:
(a) for death or personal injury caused by MPT’s negligence; or
(b) for fraud or fraudulent misrepresentation.
15.4 Subject to Condition 15.2 and Condition 15.3:
(a) MPT shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
(b) MPT’s 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 this agreement shall be limited to greater of (i) the Charges paid to the Therapist in the preceding 12 months; or (ii) £100.
Throughout the period that the Therapist maintains an account on the Platform and for a period of 1 year thereafter, the Therapist shall maintain in force, with a reputable insurance company, professional indemnity insurance and public liability insurance to cover the liabilities that may arise under or in connection with the Booking and shall, on MPT’s request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance. Such insurance shall be not less than £1,000,000 per claim.
17. Term and Termination
17.1 This Agreement commences on the Commencement Date and shall continue in force unless terminated in accordance with this section 17. Either party may terminate this Agreement on notice to the other at any time. In the event of the Therapist giving notice to terminate, it shall ensure that it continues to meet its obligations under any Booking.
17.2 Without limiting or affecting any other right or remedy available to it, MPT may terminate any Booking:
(a) with immediate effect by giving written notice to the Therapist if:
(i) the Client cancels its order to MPT in accordance with the Cancellation Policy applicable to Clients on the Platform.
(ii) the Client fails to renew its Client Subscription in respect of which the Booking is made;
(iii) the Therapist fails to attend a Client Session at the date and time specified in the Booking, or fails to make itself available in accordance with the Session Timetable; or
(iv) the Therapist commits a breach of the Booking or any of these Conditions.
17.3 Without limiting or affecting any other right or remedy available to it, MPT may terminate or suspend the Therapist’s use of the Platform with immediate effect if:
(a) the Therapist commits a breach of any of these terms which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 7 days after being notified to do so; or
(b) the Therapist suspends, or threatens to suspend, or ceases or threatens to cease to carry on its business as a provider of psychotherapy services.
17.4 Termination of the Booking shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Booking which existed at or before the date of termination.
18. The Therapist’s Status
18.1 The Therapist acknowledges and agrees that the relationship between the Therapist and MPT is that of independent contracting parties. The Therapist is not a worker or employee of MPT. The Therapist does not have authority to enter into written or oral contracts on behalf of MPT, of either an implied or express nature.
18.2 MPT shall not, and shall not be entitled to direct, control or oversee a Therapist’s work. Except for the limited extent set out in these Conditions, MPT does not control a Therapist’s manner of carrying out the Therapist Services, work hours, location of work, or length of time to complete the Booking.
18.3 The Platform is not an employment agency or employment business.
18.4 MPT acknowledges that the Therapist provides Therapist Services as part of its own business, and that the Therapist shall be entitled to:
(a) accept or reject any Booking; and
(b) use any materials, equipment or tools (including Client video communication tools) selected by it which it is lawfully entitled to use, and which are suitable for performance of the Therapist Services.
18.5 The Therapist is solely responsible for providing any necessary equipment, materials and expertise necessary to meet its obligations under the Booking.
18.6 MPT will not be liable for any tax or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with any Charges. The Therapist agrees to indemnify MPT and its affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with:
(a) a Therapist being classified by HMRC (or any other government body) as a worker or employee; and
(b) any other relevant third-party claims under any employment-related laws, such as those relating to wrongful or unfair dismissal, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday pay, retirement benefits, or any other employee benefits.
18.7 The Therapist agrees that it is responsible for its own accounting and tax affairs and that it will indemnify and hold MPT entirely harmless from any claims from HMRC or any other body in respect of any tax or National Insurance payable in respect of any Booking.
18.8 To the extent permissible by applicable professional conduct requirements, the Therapist may appoint a suitably qualified, insured and skilled substitute, who is registered on the Platform, to perform the Therapist Services on its behalf. The Therapist shall continue to be the recipient of any payments from MPT in accordance with the Booking and shall be responsible for any payment due to the substitute. For the avoidance of doubt, the Therapist will continue to be subject to all duties and obligations under any Bookings for the duration of the appointment of the substitute, and will be responsible for all acts and omissions of the substitute.
18.9 The Therapist shall not:
(a) have any authority to incur any expenditure in the name of or for the account of MPT;
(b) hold itself out as having authority to bind MPT;
(c) include in any written, graphical or promotional materials any logo, trade mark or branding of MPT; or
(d) represent itself as an employee or worker of MPT or of any Client.
19.1 Assignment and other dealings.
(a) MPT may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Booking.
(b) The Therapist shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under the Booking without the prior written consent of MPT.
19.2 Confidentiality and Non-Circumvention.
(a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other, except as permitted by section (b) below and for the purposes of section 13.4.
(b) Each party may disclose the other party’s confidential information:
(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Booking. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this section 19.2; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Booking.
19.3 The Therapist acknowledges that all Client Sessions are of the utmost confidentiality to the Client, and shall not disclose the contents of any Client Session except as specifically required by law or by the Therapist’s applicable professional conduct obligations.
19.4 The Therapist acknowledges and agrees that MPT expends significant amounts of time, resource and money in attracting Clients. Therefore, in consideration of MPT making available to the Therapist the opportunity to provide the Therapist Services, the Therapist agrees for a period of 6 months from the end of a Booking to refrain from contacting the Client directly or indirectly with a view to providing any psychotherapy services to the Client.
19.5 Entire agreement. These Conditions and the Booking and the documents referenced in them together constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
19.6 Variation. Except as set out in these Conditions, no variation of these Conditions, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the parties or their authorised representatives.
19.7 Waiver. A waiver of any right or remedy under the Booking or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Booking or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Booking or by law shall prevent or restrict the further exercise of that or any other right or remedy.
19.8 Severance. If any provision or part-provision of the Booking is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of the Booking.
19.9 Governing law. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions, any Booking, or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
19.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions, or their subject matter.
MPT DATA PROCESSING TERMS
1.1 In this Schedule:
Controller has the meaning given in applicable Data Protection Laws from time to time;
Data Protection Laws means any applicable law relating to the processing, privacy and/or use of Personal Data, as applicable to either party or the Services, including:
(a) the GDPR;
(b) the Data Protection Act 2018;
(c) any laws which implement any such laws;
(d) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing; and
(e) all guidance, guidelines, codes of practice and codes of conduct issued by any relevant Data Protection Supervisory Authority relating to such Data Protection Laws (in each case whether or not legally binding);
Data Protection Supervisory Authority means any regulator, authority or body responsible for administering Data Protection Laws;
Data Subject has the meaning given in applicable Data Protection Laws from time to time;
GDPR means the General Data Protection Regulation, Regulation (EU) 2016/679;
International Organisation has the meaning given in applicable Data Protection Laws from time to time;Personal Data has the meaning given in applicable Data Protection Laws from time to time;
Personal Data Breach has the meaning given in applicable Data Protection Laws from time to time;
processing has the meaning given in applicable Data Protection Laws from time to time (and related expressions, including process, processing, processed, and processes shall be construed accordingly);
Processor has the meaning given in applicable Data Protection Laws from time to time;
Protected Data means Personal Data received from or on behalf of the MPT, or otherwise obtained in connection with the performance of the Therapist’s obligations under this Schedule;
Services the services provided by Therapist to MPT under the Services Schedule;
Services Schedule any agreement between the parties for the provision of services by the Therapist to the MPT;
Therapist Personnel any individual employee, worker, or independent contractor of the Therapist or any Sub-Processor; and
Sub-Processor means any agent, subcontractor or other third party engaged by a Processor for carrying out any processing activities in respect of Protected Data.
2 Compliance with data protection laws
The parties agree that MPT is a Controller and that the Therapist is a Processor for the purposes of processing Protected Data pursuant to this Schedule. The Therapist shall, and shall ensure its Sub-Processors and each member of the Therapist
Personnel shall, at all times comply with all Data Protection Laws in connection with the processing of Protected Data and the provision of the Services and shall not by any act or omission cause MPT (or any other person) to be in breach of any of the
Data Protection Laws. Nothing in this Schedule relieves the Therapist of any responsibilities or liabilities under Data
The Therapist shall only process (and shall ensure Therapist Personnel only process) the Protected Data in accordance with Section 1 of the Annex of this Schedule, this Schedule and MPT’s written instructions from time to time except where otherwise required by applicable law (and in such a case shall inform MPT of that legal requirement before processing, unless applicable law prevents it doing so on important grounds of public interest). The Therapist shall immediately inform MPT if any instruction relating to the Protected Data infringes or may infringe any Data Protection Law.
The Therapist shall at all times implement and maintain appropriate technical and organisational measures to protect Protected Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access. Such technical and organisational measures shall be at least equivalent to the technical and organisational measures set out in Section 2 of Annex of this Schedule and shall reflect the nature of the Protected Data.
5 Sub-processing and personnel
5.1 The Therapist shall not permit any processing of Protected Data by any agent, subcontractor or other third party (except its own employees that are subject to an enforceable obligation of confidence with regards to the Protected Data) without the prior specific written authorisation of that Sub-Processor by MPT and only then subject to such conditions as MPT may require.
5.2 The Therapist shall ensure that access to Protected Data is limited to the authorised persons who need access to it to supply the Services.
5.3 The Therapist shall prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a binding written contract containing the same obligations as under this Schedule in respect of Protected Data that is enforceable by the Therapist and ensure each such Sub-Processor complies with all such obligations.
5.4 The Therapist shall remain fully liable to MPT under this Schedule for all the acts and omissions of each Sub-Processor and each of the Therapist Personnel as if they were its own.
5.5 The Therapist shall ensure that all persons authorised by the Therapist or any Sub-Processor to process Protected Data are reliable and:
5.5.1 adequately trained on compliance with this Schedule as applicable to the processing;
5.5.2 informed of the confidential nature of the Protected Data and that they must not disclose Protected Data;
5.5.3 subject to a binding and enforceable written contractual obligation to keep the Protected Data confidential; and
5.5.4 provide relevant details and a copy of each agreement with a Sub-Processor to MPT on request.
6.1 The Therapist shall (at its own cost and expense) promptly provide such information and assistance (including by taking all appropriate technical and organisational measures) as MPT may require in relation to the fulfilment of MPT’s obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Laws).
6.2 The Therapist shall (at its own cost and expense) provide such information, co-operation and other assistance to MPT as MPT reasonably requires (taking into account the nature of processing and the information available to the Therapist) to ensure compliance with MPT’s (or the Controller’s) obligations under Data Protection Laws, including with respect to:
6.2.1 security of processing;
6.2.2 data protection impact assessments (as such term is defined in Data Protection Laws);
6.2.3 prior consultation with a Data Protection Supervisory Authority regarding high risk processing; and
6.2.4 any remedial action and/or notifications to be taken in response to any Personal Data Breach and/or any complaint or request relating to either party’s obligations under Data Protection Laws relevant to this Schedule, including (subject in each case to MPT’s prior written authorisation) regarding any notification of the Personal Data Breach to Data Protection Supervisory Authorities and/or communication to any affected Data Subjects.
7 Data subject requests
The Therapist shall (at no cost to MPT) record and refer all requests and communications received from Data Subjects or any Data Protection Supervisory Authority to MPT which relate (or which may relate) to any Protected Data promptly (and in any event within three days of receipt) and shall not respond to any without MPT’s express written approval and strictly in accordance with MPT’s instructions unless and to the extent required by law.
8 International transfers
The Therapist shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to countries outside the United Kingdom or to any International Organisation without the prior written consent of MPT (which may be refused or granted subject to such conditions as MPT deems necessary).
The Therapist shall maintain complete, accurate and up to date written records of all categories of processing activities carried out on behalf of MPT. Such records shall include all information necessary to demonstrate its and MPT’s compliance with this Schedule, the information referred to in Articles 30(1) and 30(2) of the GDPR and such other information as MPT may reasonably require from time to time. The Therapist shall make copies of such records available to MPT promptly (and in any event within 48 hours) on request from time to time.
The Therapist shall (and shall ensure all Sub-Processors shall) promptly make available to MPT (at the Therapist’s cost) such information as is required to demonstrate the Therapist’s and MPT’s (and Controller’s) compliance with their respective obligations under this Schedule and the Data Protection Laws, and allow for, permit and contribute to audits, including inspections, by MPT, the Controller (or another auditor mandated by any of them) for this purpose at MPT’s request from time to time. The Therapist shall provide (or procure) access to all relevant premises, systems, personnel and records during normal business hours for the purposes of each such audit or inspection upon reasonable prior notice (not being more than two days) and provide and procure all further reasonable co-operation, access and assistance in relation to any such audit or inspection.
11.1 The Therapist shall promptly (and in any event within 24 hours) notify MPT if it (or any of its Sub-Processors or the Therapist Personnel) suspects or becomes aware of any suspected, actual or threatened occurrence of any Personal Data Breach in respect of any Protected Data.
11.2 The Therapist shall promptly (and in any event within 24 hours) provide all information as MPT or the Controller requires to report the circumstances referred to in paragraph 11.1 (above) to a Data Protection Supervisory Authority and to notify affected Data Subjects under Data Protection Laws.
12.1 The Therapist shall (and shall ensure that each of the Sub-Processors and Therapist Personnel shall) immediately, at MPT’s written request, either securely delete or securely return all the Protected Data to MPT in such form as MPT reasonably requests after the earlier of:
12.1.1 the end of the provision of the relevant Services related to processing of such Protected Data; or
12.1.2 once processing by the Therapist of any Protected Data is no longer required for the purpose of the Therapist’s performance of its relevant obligations under this Schedule,
and securely delete existing copies (except to the extent that storage of any such data is required by applicable law and, if so, the Therapist shall inform MPT of any such requirement).
13 Therapist indemnity
13.1 The Therapist shall indemnify and keep indemnified MPT against:
13.1.1 all losses, claims, damages, liabilities, fines, interest, penalties, costs, charges, sanctions, expenses, compensation paid to Controllers or Data Subjects (including compensation to protect goodwill and ex gratia payments), demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a Data Protection Supervisory Authority) arising out of or in connection with any breach by the Therapist of its obligations under this Schedule; and
13.1.2 all amounts paid or payable by MPT to a third party which would not have been paid or payable if the Therapist’s breach of this Schedule had not occurred.
Data processing and security details
Section 1—Data processing details
Processing of the Protected Data by the Therapist under this Schedule shall be for the subject-matter, duration, nature and purposes and involve the types of Personal Data and categories of Data Subjects set out in this Section 1 of this Annex
1 Subject-matter of processing:
Provision of Therapist Services
2 Duration of the processing:
The term of this agreement
3 Nature and purpose of the processing:
Reviewing Client details; providing Therapist Services and any related services to MPT
4 Type of Personal Data:
Any personal data disclosed in Client coursework or Client Sessions.
5 Categories of Data Subjects:
Section 2—Minimum technical and organisational security measures
Without prejudice to its other obligations, the Therapist shall implement and maintain at least the following technical and organisational security measures to protect the Protected Data:
In accordance with the Data Protection Laws, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of the Protected Data to be carried out under or in connection with this Schedule, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons and the risks that are presented by the processing, especially from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Protected Data transmitted, stored or otherwise processed, the Therapist shall implement appropriate technical and organisational security measures appropriate to the risk, including as appropriate those matters mentioned in Articles 32(1)(a) to 32(1)(d) (inclusive) of the GDPR.
This notice is directed to mentors and therapists who have requested or been approached to be registered as a Practitioner on the My Personal Therapy online platform. We ask that you read this Practitioner Privacy Notice carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.
• Who we are
• Our collection and use of your personal information
• Our legal basis for processing your personal information
• Who we share your personal information with
• Transfer of your information out of the EEA
• Cookies and similar technologies
• Your rights
• Keeping your personal information secure
• How to complain
• How to contact us
• Do you need extra help?
Who we are
The My Personal Therapy platform is operated by My Personal Therapy Ltd, a limited company registered in England and Wales. We collect, use and are responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation which applies across the European Union and in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
Our collection and use of your personal information
We collect personal information about you when you access our platform, register with us, contact us, send us feedback, accept bookings, post material to our platform.
We collect this personal information from you either directly, such as when you register with us, contact us or purchase products or services via our platform or indirectly, such as your browsing activity while on our platform (see ‘Cookies’ below).
We also collect personal information about you from other sources as follows:
• reviews and feedback from clients to whom you provide video, phone or chat consultations
• your name, postcode (first four characters) and telephone and email contact details and a short biography
• professional body accreditation details
• CV and references (if you are a mentor)
• bank account and payment details (we use our payment processor, Stripe, to collect these – we never actually retain them on our servers)
• details of any feedback you give us by phone, email, post or via social media
• information about clients and bookings we have provided to you
• your account details, such as username, login details
We use this personal information to:
• create and manage your account with us
• verify your identity and suitability for on-boarding onto the platform
• provide access to the platform to you
• provide a therapy or mentor service to our clients
• customise our platform and its content to your particular preferences
• notify you of any changes to our platform or to our services that may affect you
• improve our services to clients
Our legal basis for processing your personal information
When we use your personal information, we are required to have a legal basis for doing so. There are various different legal bases upon which we may rely, depending on what personal information we process and why.
The legal bases we may rely on include:
• consent: where you have given us clear consent for us to process your personal information for a specific purpose
• contract: where our use of your personal information is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract
• legal obligation: where our use of your personal information is necessary for us to comply with the law (not including contractual obligations)
• vital interests: where our use of your personal information is necessary to protect a client’s life
• public task: where our use of your personal information is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law
• legitimate interests: where our use of your personal information is necessary for our legitimate interests or the legitimate interests of a third party (unless there is a good reason to protect your personal information which overrides our legitimate interests)
Who we share your personal information with
We routinely share your name, and a link to your profile with clients in respect of whom we have engaged you to provide therapy or mentoring services.
You will have a profile on the platform, and this will be visible to clients, potential clients, and visitors to our website.
We use Stripe to process payments to you.
We use Plume Ltd to host our platform and your personal data that we hold on it – https://plume.co.uk/..
We will share your personal information with clients’ medical service providers if the circumstances require it.
We will share your personal information with law enforcement or other authorities if required by applicable law.
Whether information has to be provided by you, and if so why
We require you to provide certain minimum registration data if you wish to join the platform. We will inform you at the point of collecting information from you, whether you are required to provide the information to us.
Transfer of your information out of the UK and EEA
We may transfer your personal information to the following which are located outside the European Economic Area (EEA) as follows:
• Stripe, which processes data in the USA in order to make payments to you
The USA does not have the same data protection laws as the United Kingdom and EEA. Whilst the European Commission has not given a formal decision that the USA provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to appropriate safeguards under the General Data Protection Regulation that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. See here for a general summary of the safeguards – https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu_en. To obtain a copy of the safeguards applicable to your data, ask us by emailing firstname.lastname@example.org.
Cookies and similar technologies
For further information on cookies generally visit www.aboutcookies.org.
We would like to send you information about other services we offer, which may be of interest to you. Where we have your consent to do so, we may do this by email.
We will only ask whether you would like us to send you marketing messages when you tick the relevant boxes when we ask for your consent.
If you have previously agreed to being contacted in this way, you can unsubscribe at any time by:
—using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
It may take up to 7 days for this to take place.
For more information on your rights in relation to marketing, see ‘Your rights’ below.
Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:
• access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
• require us to correct any mistakes in your information which we hold
• require the erasure of personal information concerning you in certain situations
• receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
• object at any time to processing of personal information concerning you for direct marketing
• object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
• object in certain other situations to our continued processing of your personal information
• otherwise restrict our processing of your personal information in certain circumstances
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation. This information is available at: www.ico.org.uk
If you would like to exercise any of those rights, please:
• email, our Data Protection Officer at email@example.com
• let us have enough information to identify you
• let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
• let us know the information to which your request relates
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
How to complain
We hope that our Data Protection Officer can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.
How to contact us
Please contact us or our Data Protection Officer, if you have any questions about this privacy notice or the information we hold about you. If you wish to contact us our Data Protection Officer, please send an email to firstname.lastname@example.org or email@example.com write to Unit 3, Netham View Industrial Park, Netham Road, Bristol, BS5 9PQ or call 0333 5677702.