Privacy Notice for Parents

Introduction

This notice is to help you understand how and why we collect personal information about you and what we do with that information. It also explains the decisions you can make about your own information. If you have any questions about this notice please contact Becki Stoker, Operations Manager or Tracy Theobald, Administration Officer

What is personal information?

Personal information is information that identifies you as an individual and relates to you. This includes your contact details, next of kin and child information. We may also hold information such as your religion or ethnic group, CCTV, photos and video recordings of you.

How and why does Orchard Barns Kindergarten collect and use personal information?

We have set out below examples of the different ways in which we use personal information and where this personal information comes from. Orchard Barns Kindergarten’s primary reason for using your personal information is to provide Early Years educational services to your child.

  • We obtain information about you from the enrolment form. We may also get information from professionals such as Health Visitors and from local authorities.
  • We may have information about any family circumstances which might affect your child’s welfare or happiness.
  • We may need information about any court orders or criminal petitions which relate to you. This is so that we can safeguard the welfare and wellbeing of your child and the
    other children at Orchard Barns.
  • We use CCTV to make sure Orchard Barns is safe. CCTV is not used in private areas such as the bathrooms.
  • We may take photographs or videos of your child and use on social media and Orchard Barns website. This is to show prospective parents what we do and to advertise the
    nursery. We may continue to use these photographs and videos after your child has left Orchard Barns.
  • We may send you information to keep you up to date via our call parents email system e.g. weekly newsletters, useful parent information.
  • We may keep details of your address when your child leaves Orchard Barns so we can send you information.
  • We obtain information to send to Essex County Council to obtain the Early Years funding for your child.

Sharing person information with third parties

  • In accordance with our legal obligations, we may share information with local authorities, Ofsted, Essex Children’s and families hub or Suffolk Multi agency safeguarding hub (mash), Suffolk professional consultation line where we have any safeguarding concerns.
  • On occasion, we may need to share information with the police.
  • We may also need to share information with our legal advisers for the purpose of obtaining legal advice.
  • We may share some information with our insurance company, e.g. where there is a serious incident at the nursery.
  • If your child leaves us to attend another setting we may need to provide that setting with information about you. For example, details of family circumstances for
    safeguarding reasons.
  • We may share information about you with others in your family, such as another parent or step-parent. For example, where this is part of our obligation to take care of your child, as part of our wider legal and regulatory obligations, or in connection with nursery fees.
  • We may need to share information if there is an emergency, for example, if you are hurt whilst on the nursery premises.

Our legal grounds for using your information

This section contains information about the legal basis that we are relying on when handling your information.

Legitimate interests; this means that the processing is necessary for legitimate interests except where the processing is unfair to you.

Orchard Barns Kindergarten replies on legitimate interests for most of the ways in which it uses your information. Orchard Barns has a legitimate interest in:

  • Providing Early Years education services to your child;
  • Safeguarding and promoting the welfare of your child (and other children);
  • Promoting the objects and interests of the nursery. It also includes making sure that we are able to enforce our rights against you, for example, so that we can contact you if unpaid nursery fees are due;
  • Facilitating the efficient operation of the nursery; and
  • Ensuring that all relevant legal obligations of the nursery are complied with.

Necessary for a contract

We will need to use your information in order to perform our obligations under our contract with you. For example, we need your name and contact details so that we can update you on your child’s progress and so that we can contact you if there is a concern.

Legal obligation

Where the nursery needs to use your information in order to comply with a legal obligation, for example to report a concern to Children’s services. We may also have to disclose your information to third parties such as the courts, the local authorities or the police where legally obliged to do so.

Vital interests

For example, to prevent someone from being seriously harmed or killed.

Public interest – Orchard Barns considers that it is acting in the public interest when providing Early Years education.

Orchard Barns must also comply with additional conditions where it process special categories of personal information. These special categories are as follows; personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade unions membership, genetic information, biometric information, health information and information about sex life or orientation.

Substantial public interest

The processing is necessary for reasons of substantial interest.

Vital interest

To protect the vital interests of any person where that person can not give consent, for example, if they are seriously hurt or unconscious.

Legal claims

The processing is necessary for the establishment, exercise or defence of legal claims. This allows us to share information with our legal advisors or insurers.

Medical purposes

This includes medical treatment and the management of healthcare services.

We may ask for your consent to use your information in certain ways. If we ask for your consent to use your personal information you can opt out of this consent at any time. Any use of your information before you withdrawn your consent remains valid. Please speak to Becki Stoker, Operations Manager or Tracy Theobald, Administration Officer, if you would like to opt out of any consent given.

For how long do we keep your information?

We will keep your information for as long as we need to in order to educate and look after your child. We will keep some information after your child has left Orchard Barns Kindergarten for example, Early Years ask that we keep funding information and we have a legal duty to keep information for safeguarding purposes.

In exceptional circumstances we may keep your information for a longer time than usual but we would only do so if we had a good reason and only if we are allowed to do so under data protection law.

What decisions can you make about your information?

From May 2018 data protection legislation gives you a number of rights regarding your information. Some of these are new rights whilst others build on your existing rights.
Your rights are as follows:

  • If information is incorrect you can ask to correct it;
  • You can also ask what information we hold about you and be provided with a copy. We will also give you extra information, such as why we use this information about you, where it came from and what types of people we have sent it to;
  • You can ask us to delete the information that we hold about you in certain circumstances, e.g. where we no longer need the information;
  • You can ask us to send you, or another organisation, certain types of information about you in a format that can be read by computer;
  • Our use of information about you may be restricted in some cases, e.g. if you tell us that the information is inaccurate we can only use if for limited purposes while we check its accuracy.

Becki Stoker, Operations Manager or Tracy Theobald, Administration Officer can give you more information about your data protection rights.

Further information and guidance

Becki Stoker, Operations Manager, is the person responsible at Orchard Barns for managing how we look after personal information and deciding how it is shared.

Like other organisation we need to keep your information safe, up to date, only use it for what we said we would, destroy it when we no longer need it and most importantly – that we get the information fairly. This notice is to explain how we use your personal information.

If you consider that we have not acted properly when using your personal information you can contact the Information Commissioner’s Office – ico.org.uk

Privacy Notice for Employees

What is the purpose of this document?

Orchard Barns Kindergarten is committed to protecting the privacy and security of your personal information.

This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR).

It applies to all employees, peripatetic teachers and volunteers.

Orchard Barns Kindergarten is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to current and former employees, peripatetic teachers and volunteers. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time.

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.

Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Relevant to the purposes we have told you about and limited only to those purposes.
  4. Accurate and kept up to date.
  5. Kept only as long as necessary for the purposes we have told you about.
  6. Kept securely.

The kind of information we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are “special categories” of more sensitive personal data which require a higher level of protection.

We will collect, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
  • Date of birth.
  • Gender.
  • Marital status.
  • Emergency contact information.
  • National Insurance number.
  • Bank account details, payroll records and tax status information.
  • Salary, annual leave, pension and benefits information.
  • Start date.
  • Location of employment or workplace.
  • Copy of driving licence.
  • Recruitment information (including copies of right to work documentation, references and other information included in an application form, CV or cover letter or as part of the application process).
  • Employment records (including job titles, work history, working hours, training records and professional memberships).
  • Performance information.
  • Disciplinary and grievance information.
  • CCTV footage and other information obtained through electronic means such as swipe tag records.
  • Information about your use of our information and communications systems.
  • Photographs.

We may also collect, store and use the following “special categories” of more sensitive personal information:

  • Information about your health, including any medical condition, health and sickness records.
  • Information about criminal convictions and offences and background checks, e.g. DBS.

How is your personal information collected?

We collect personal information about employee, peripatetic teachers and volunteers through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies, such as DBS.

We will collect additional personal information in the course of job-related activities throughout the period of you working for us.

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

  1. Where we need to perform the contract we have entered into with you.
  2. Where we need to comply with a legal obligation.
  3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

We may also use your personal information in the following situations, which are likely to be rare:

  1. Where we need to protect your interests (or someone else’s interests).
  2. Where it is needed in the public interest or for official purposes.

Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

  • Making a decision about your recruitment or appointment.
  • Determining the terms on which you work for us.
  • Checking you are legally entitled to work in the UK.
  • Paying you and, if you are an employee, deducting tax and National Insurance contributions.
  • Liaising with your pension provider.
  • Administering the contract we have entered into with you.
  • Business management and planning, including accounting and auditing.
  • Conducting performance reviews, managing performance and determining performance requirements.
  • Making decisions about salary reviews.
  • Assessing qualifications for a particular job or task, including decisions about promotions.
  • Gathering evidence for possible grievance or disciplinary hearings.
  • Making decisions about your continued employment or engagement.
  • Making arrangements for the termination of our working relationship.
  • Education, training and development requirements.
  • Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.
  • Ascertaining your fitness to work.
  • Managing sickness absence.
  • Complying with health and safety obligations.
  • To prevent fraud.
  • To monitor your use of our information and communication systems to ensure compliance with our IT policies.
  • To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we use particularly sensitive personal information

“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:

  1. In limited circumstances, with your explicit written consent.
  2. Where we need to carry out our legal obligations and in line with our data protection policy.
  3. Where it is needed in the public interest, such as for equal opportunities monitoring, and in line with our data protection policy.
  4. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

Our obligations as an employer

We will use your particularly sensitive personal information in the following ways:

  • We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
  • We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us.

We will use this information to make decisions about your employment with us. We are allowed to use your personal information in this way to carry out our obligations in relation to safeguarding, such as under guidelines from Ofsted.

Data sharing

We may have to share your data with third parties, including third-party service providers and other entities in the group.

We require third parties to respect the security of your data and to treat it in accordance with the law.

We may transfer your personal information outside the EU.

If we do, you can expect a similar degree of protection in respect of your personal information.

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Which third-party service providers process my personal information?

“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: HR consultancy, payroll and pension administration.

How secure is my information with third-party service providers and other entities in our group?

All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.

Data security

We have put in place measures to protect the security of your information. Details of these measures are available upon request.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention

How long will you use my information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. A broad outline of retention dates are listed below. For further information please refer to Tracy Theobald.

Records relating to promotion, transfer, training 1 year from end of employment
References received For length of employment
Annual leave records 2 years
Discipline and Grievance 2 years
Sickness and sick pay records, maternity, paternity and adoption pay 6 years
Unpaid leave/special leave records 6 years
Annual appraisal/assessment records 5 years
Payroll and tax information 6 years
Summary of record of service eg name, position held, dates of employment 10 years from end of employment
Records relating to accident or injury at work 12 years
Application form Duration of employment
Recruitment – unsuccessful applicants 4 months from end of recruitment process

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Tracy Theobald in writing.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Tracy Theobald. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Data protection privacy lead

We have appointed a data protection privacy lead, Tracy Theobald, to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the privacy lead. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact Tracy Theobald.