GDPR Notice Parents and Staff
Statutory
Framework
This notice has regard to the following statutory
regulations:
• The Data Protection Act 1998 and related
statutory instruments (until 25 May 2018)
• The General Data Protection Regulation (from 25
May 2018)
• The Data Protection Act 2018 and related
legislation (from 25 May 2018, form TBC)
• The Privacy and Electronic Communications
Regulations 2011 (PECR) (to continue after 25 May 2018 until replaced by the
ePrivacy Regulation – form and date TBC)
• The Protection of Freedoms Act 2012 (biometrics
and CCTV)
Scope of the Privacy Notice
This Privacy Notice is provided by Teatolk
Accademy Ltd, 20 Point Pleasant, London SW18 1GG( the Nursery
SmileON). The Nursery can be contacted on any matter relating to this Privacy
Notice via the Head or Nursery office Registrar/Administrator:
Registrar/Administrator
Nursery office Email hello@SmileOn.uk
Tel 020
This Privacy Notice is intended to provide
information about how we, the Nursery , will use (or “process”)
personal data about individuals including: its staff, its current, past and
prospective pupils and their parents, carers or guardians (referred to in this
document as “parents”).
This Privacy Notice also applies in addition to
the Nursery,s other relevant terms and conditions and policies,
including:
• any contract between the School and its staff
or the parents of pupils
• the Nursery”s CCTV policy
• the Nursery’s policy on taking, storing and
using images of children
• the ’s data protection policy
• the Nursery”s safeguarding and child protection
and health and safety policies, including how concerns or incidents are
recorded and
• the Nursery”s pupil and staff ICT
policies
Anyone who works for, or acts on behalf of, the
Nursery (including staff, volunteers and service providers) should also be
aware of and comply with this Privacy Notice, which also provides further
information about how personal data about those individuals will be used.
Responsibility for Data Protection
Overall responsibility for data protection lies
with the Nurseryl’s senior management team.
Why we Need to Process Data
In order to carry out our ordinary duties to
staff, pupils and parents, we need to process a wide range of personal data
about individuals (including current, past and prospective staff, pupils or
parents) as part of our daily operation.
Some of this activity we will need to carry out
to fulfil our legal rights, duties or obligations – including those under a
contract with our staff, or parents of our pupils.
Other uses of personal data will be made in
accordance with our legitimate interests, or the legitimate interests of
another, if these are not outweighed by the impact on individuals and provided
it does not involve special or sensitive types of data.
We expect that the following uses will fall
within that category of our “legitimate interests”:
• For the purposes of pupil selection (and to
confirm the identity of prospective pupils and their parents)
• To provide education services, including
musical education, physical training or spiritual development, and
extra-curricular activities to pupils, and monitoring pupils’ progress and
educational needs
• To maintain relationships with alumni and the
School community, including direct marketing or fundraising activity
• For the purposes of management planning and
forecasting, research and statistical analysis, including that imposed or
provided for by law (such as tax, diversity or gender pay gap analysis)
• To enable relevant authorities to monitor our
performance and to intervene or assist with incidents as appropriate
• To give and receive information and references
about past, current and prospective pupils, including relating to outstanding
fees or payment history, to/from any educational institution that the pupil
attended or where it is proposed they attend and to provide references to
potential employers of past pupils
• To enable pupils to take part in future school
or other assessments, and to publish the results of these or other achievements
of our pupils
• To safeguard pupils’ welfare and provide
appropriate pastoral care
• To monitor (as appropriate) use of the
Nursery”s IT and communications systems in accordance with our ICT
Policies
• To make use of photographic images of pupils in
our publications, on our website and (where appropriate) on our social media
channels in accordance with our policy on taking, storing and using images of
children
• For security purposes, including CCTV
• To carry out or cooperate with any School or
external complaints, disciplinary or investigation process
• To administer job applications and, carry out
employee due diligence checks including by checking references in relation to
your education and employment history
• To monitor your attendance and performance in
your work, including performance appraisals
• To pay you or administer benefits (including
pensions) in connection with your employment or other engagement with us
and
• Where otherwise reasonably necessary for our
purposes, including to obtain appropriate professional advice and insurance for
the School.
In addition, we will on occasion need to process
special category personal data (this is defined as data relating to health,
ethnicity, religion, biometrics or sexual life) or criminal records information
(such as when carrying out checks required by the Disclosure and Barring
Services for all employees of the school) in accordance with rights or duties
imposed on us by law, including as regards safeguarding and employment, or from
time to time by explicit consent where required.
These reasons will include:
• To safeguard pupils’ welfare and provide
appropriate pastoral (and where necessary, medical) care, and to take
appropriate action in the event of an emergency, incident or accident,
including by disclosing details of an individual’s medical condition or other
relevant information where it is in the individual’s interests to do so: for
example for medical advice, for social protection, safeguarding, and
cooperation with police or social services, for insurance purposes or to
caterers or organisers of Nursery trips who need to be made aware of
dietary or medical needs
• To provide educational services in the context
of any special educational needs of a pupil
• To provide spiritual education in the context
of any religious beliefs
• In connection with employment of its staff, for
example DBS checks, welfare, union membership or pension plans
• As part of any Nursery or external complaints,
disciplinary or investigation process that involves such data, for example if
there are SEN, health or safeguarding elements or
• For legal and regulatory purposes (for example
child protection, diversity monitoring and health and safety) and to comply
with its legal obligations and duties of care.
Types of Personal Data Processed by Us
This will include by way of example:
• names, addresses, date of birth, telephone
numbers, e-mail addresses and other contact details
• car details (about those who use our car
parking facilities)
• bank details and other financial information,
e.g. about parents who pay fees to the School past, present and prospective
pupils’ academic, disciplinary, admissions and attendance records (including
information about any special needs)
• personnel files, including in connection with
academics, employment or safeguarding where appropriate, information about
individuals’ health and welfare, and contact details for their next of kin
references given or received by the School about pupils or staff, and relevant
information provided by previous educational establishments and/or other
professionals or organisations working with pupils
• correspondence with and concerning staff,
pupils and parents past and present and
• images of pupils, staff (and occasionally other
individuals) engaging in School activities, and images captured by the
Nursery”s CCTV system (in accordance with the Nursery”s policy on taking,
storing and using images of children)
How we Collect Data
Generally, we receive personal data from the
individual directly (including, in the case of pupils, from their parents).
This may be via a form, or simply in the ordinary course of interaction or
communication (such as email or written assessments).
However, in some cases personal data will be
supplied by third parties (for example another nursery, or other professionals
or authorities working with that individual) or collected from publicly
available resources.
Access and Sharing of Personal Data
Occasionally, we will need to share personal
information relating to its community with third parties, such as:
• professional advisers (e.g. lawyers, insurers,
PR advisers and accountants, business mentor services);
• government authorities (e.g. HMRC, DfE, police
or the local authority);
• appropriate regulatory bodies including
Ofsted
• Accountancy in relation to payroll or HR
services, education services and
• The Parents’ Association
For the most part, personal data collected by us
will remain within the School and will be processed by appropriate individuals
only in accordance with access protocols (i.e. on a ‘need to know’ basis). However,
a certain amount of any SEN pupil’s relevant information will need to be
provided to staff more widely in the context of providing the necessary care
and education that the pupil requires.
Staff, pupils and parents are reminded that we
are under duties imposed by law and statutory guidance (including Keeping
Children Safe in Education) to record or report incidents and concerns that
arise or are reported to it, in some cases regardless of whether they are
proven, if they meet a certain threshold of seriousness in their nature or
regularity. This is likely to include file notes on personnel or safeguarding
files, and in some cases referrals to relevant authorities such as the Local
Authority Designated Officer or police. For further information about this,
please view the School’s Safeguarding and Child Protection Policy.
Finally, in accordance with Data Protection Law,
some of our processing activity is carried out on our behalf by third parties,
such as IT systems, web developers or cloud storage providers. This is always
subject to contractual assurances that personal data will be kept securely and
only in accordance with the School’s specific directions.
How long we keep personal data
We will retain personal data securely and only in
line with how long it is necessary to keep for a legitimate and lawful reason.
Typically, the legal recommendation for how long to keep ordinary staff and
pupil personnel files is up to 7 years following departure from the Nursery
However, incident reports and safeguarding files will need to be kept much
longer, in accordance with specific legal requirements.
If you have any specific queries about how our
retention policy is applied, or wish to request that personal data that you no
longer believe to be relevant is considered for erasure, please contact:
Registrar/Administrator
Nursery office Email
hello@SmileOn.uk
Tel 020
Please bear in mind that we will often have
lawful and necessary reasons to hold on to some personal data even following
such request. A limited and reasonable amount of information will be kept for
archiving purposes, for example; and even where you have requested we no longer
keep in touch with you, we will need to keep a record of the fact in order to
fulfil your wishes (called a “suppression record”).
Keeping in Touch and Supporting the Nursery
We will use the contact details of parents,
alumni and other members of the Nursery community to keep them updated about
the activities of the Nurseryl, or alumni and parent events of interest,
including by sending updates and newsletters, by email and by post. Unless the
relevant individual objects, we will also:
• Share personal data about parents and/or
alumni, as appropriate, with organisations set up to help establish and
maintain relationships with the Nursery community, such as the Parents’
Association;
• Contact parents and/or alumni (including via
the organisations above) by post and email in order to promote and raise funds
for the School and, where appropriate, other worthy causes;
Should you wish to limit or object to any such
use, or would like further information about them, please contact the Bursar at
the address given above.
You always have the right to withdraw consent,
where given, or otherwise object to direct marketing or fundraising. However,
we are nonetheless likely to retain some of your details (not least to ensure
that no more communications are sent to that particular address, email or
telephone number).
Rights of Access
Individuals have various rights under Data
Protection Law to access and understand personal data about them held by us,
and in some cases ask for it to be erased or amended or have it transferred to
others, or for us to stop processing it – but subject to certain exemptions and
limitations.
Any individual wishing to access or amend their
personal data, or wishing it to be transferred to another person or
organisation, or who has some other objection to how their personal data is
used, should put their request in writing to the Data Protection Officer at the
address given above.
We will endeavour to respond to any such written
requests as soon as is reasonably practicable and in any event within statutory
time-limits (which is one month in the case of requests for access to
information).
We will be better able to respond quickly to
smaller, targeted requests for information. If the request for information is
manifestly excessive or similar to previous requests, we may ask you to reconsider,
or require a proportionate fee (but only where Data Protection Law allows
it).
Requests that cannot be fulfilled
You should be aware that the right of access is
limited to your own personal data, and certain data is exempt from the right of
access. This will include information which identifies other individuals (and
parents need to be aware this may include their own children, in certain
limited situations – please see further below), or information which is subject
to legal privilege (for example legal advice given to or sought by the Nursery,
or documents prepared in connection with a legal action).
We are also not required to disclose any pupil
assessment scripts (or other information consisting solely of pupil assessment
notes), ahead of any ordinary publication, nor share any confidential reference
given by us itself for the purposes of the education, training or employment of
any individual.
You may have heard of the “right to be
forgotten”. However, we will sometimes have compelling reasons to refuse
specific requests to amend, delete or stop processing your (or your child’s)
personal data: for example, a legal requirement, or where it falls within a
legitimate interest identified in this Privacy Notice. All such requests will
be considered on their own merits.
Pupil requests
Pupils can make subject access requests for their
own personal data provided that, in our reasonable opinion, they have
sufficient maturity to understand the request they are making (see section
Whose Rights? below). A pupil of any age may ask a parent or other
representative to make a subject access request on his behalf.
Indeed, while a person with parental responsibility
will generally be entitled to make a subject access request on behalf of
younger pupils, the law still considers the information in question to be the
child’s: for older pupils, the parent making the request may need to evidence
their child’s authority for the specific request.
Pupils aged 13 and above are generally assumed to
have this level of maturity, although this will depend on both the child and
the personal data requested, including any relevant circumstances at home.
Slightly younger children may, however, be sufficiently mature to have a say in
this decision, depending on the child and the circumstances.
Parental Requests
It should be clearly understood that the rules on
subject access are not the sole basis on which information requests are
handled. Parents may not have a statutory right to information, but they and
others will often have a legitimate interest or expectation in receiving
certain information about pupils without their consent. We may consider there
are lawful grounds for sharing with or without reference to that pupil.
Parents will in general receive educational and
pastoral updates about their children, in accordance with the Parent contract.
Where parents are separated, we will in most cases aim to provide the same
information to each person with parental responsibility, but may need to factor
in all the circumstances including the express wishes of the child.
All information requests from, on behalf of, or
concerning pupils – whether made under subject access or simply as an
incidental request – will therefore be considered on a case by case
basis.
Consent
Where we are relying on consent as a means to
process personal data, any person may withdraw this consent at any time
(subject to similar age considerations as above). Examples where we do rely on
consent are: e.g. biometrics, certain types of uses of images, certain types of
fundraising activity. Please be aware however that we may not be relying on
consent but have another lawful reason to process the personal data in question
even without your consent.
That reason will usually have been asserted under
this Privacy Notice, or may otherwise exist under some form of contract or
agreement with the individual (e.g. an employment or parent contract, or
because a purchase of goods, services or membership of an organisation such as
an alumni or parents’ association has been requested).
Whose Rights?
The rights under Data Protection Law belong to
the individual to whom the data relates. However, we will often rely on parental
authority or notice for the necessary ways we process personal data relating to
pupils – for example, under the parent contract, or via a form. Parents and
pupils should be aware that this is not necessarily the same as the School
relying on strict consent (see section on Consent above).
Where consent is required, it may in some cases
be necessary or appropriate – given the nature of the processing in question,
and the pupil’s age and understanding – to seek the pupil’s consent. Parents
should be aware that in such situations they may not be consulted, depending on
the interests of the child, the parents’ rights at law or under their contract,
and all the circumstances.
In general, we will assume that pupils’ consent
is not required for ordinary disclosure of their personal data to their
parents, e.g. for the purposes of keeping parents informed about the pupil’s
activities, progress and behaviour, and in the interests of the pupil’s
welfare. That is unless, in our opinion, there is a good reason to do
otherwise.
However, where a pupil seeks to raise concerns
confidentially with a member of staff and expressly withholds their agreement
to their personal data being disclosed to their parents, we may be under an
obligation to maintain confidentiality unless, in our opinion, there is a good
reason to do otherwise; for example where we believe disclosure will be in the
best interests of the pupil or other pupils, or if required by law.
Pupils are required to respect the personal data
and privacy of others, and to comply with the Nursery’s pupil ICT policy and
the Nursery”s rules. Staff are under professional duties to do the same
covered under the staff ICT and taking, storing and using images of children
policies.
Data Accuracy and Security
We will endeavour to ensure that all personal
data held in relation to an individual is as up to date and accurate as
possible. Individuals must please notify the Registrar of any significant
changes to important information, such as contact details, held about them:
Nursery office Email hello@SmileOn.uk
Tel 020
An individual has the right to request that any
out-of-date, irrelevant or inaccurate or information about them is erased or
corrected (subject to certain exemptions and limitations under Data Protection
Law): please see above for details of why we may need to process your data, of
who you may contact if you disagree.
We will take appropriate technical and
organisational steps to ensure the security of personal data about individuals,
including policies around use of technology and devices, and access to Nursery
systems. All staff and governors will be made aware of this policy and their
duties under Data Protection Law. Staff will receive relevant training.
This Policy
The Nursery will update this Privacy Notice from
time to time. Any substantial changes that affect your rights will be provided
to you directly as far as is reasonably practicable.
Queries and Complaints
Any comments or queries on this policy should be
directed to the Data Protection Officer at the address detailed above.
If an individual believes that we have not
complied with this Privacy Notice or have acted otherwise than in accordance
with Data Protection Law, they should utilise the School complaints procedure,
as outlined in the Parents’ Welcome Packs and Staff Handbooks and should also
notify the Data Protection Officer. You can also make a referral to or lodge a
complaint with the Information Commissioner’s Office (ICO), although the ICO
recommends that steps are taken to resolve the matter with the Nursery before
involving the regulator.
Nursery office Email
hello@SmileOn.uk
20 Point Pleasant,London SW18 1GG
Tel:020