Moulton Preschool is committed to protecting the privacy and security of your personal information.
This privacy notice describes how the Preschool collects and uses personal information about employees of the Preschool (“Employees”), children attending the Preschool (“Child” or “Children”) and the parents of the Children (“Parents”) (known collectively as “You” or “Your”), in accordance with the General Data Protection Regulation (GDPR).
As a Preschool, Moulton Preschool 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 Employees, Children and Parents. 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 but if we do so, we will provide You with an updated copy of this notice as soon as reasonably practical.
It is important that Employees, Children and Parents read and retain 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 and what Your rights are under the data protection legislation.
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, specific and lawful 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, safe from unauthorised access, accidental loss or destruction.
NOTIFICATION TO THE INFORMATION COMMISSIONERS OFFICE (ICO)
Moulton Preschool has notified the Information Commissioner that it is a data controller and/or processor and that it processes personal data. Moulton Preschool has identified and recorded all the personal data that it processes in the Data Register.
The policy applies to all Employees and Processors of the Preschool such as outsourced suppliers. Any breach of the GDPR will be considered as a breach of the disciplinary policy and could also be considered a criminal offence, potentially resulting in prosecution.
All third parties working with or for Moulton Preschool, and who have or may have access to personal information,
will be expected to comply with this policy.
WHAT IS THE PURPOSE OF THIS DOCUMENT?
GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data to offer goods and services or monitor the behaviour of data subjects who are resident in the EU. KEY DEFINITIONS
Personal data – this is defined as any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data Controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Data subject – any living individual who is the subject of personal data held by an organisation.
Data subject consent – means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.
Child – the GDPR defines a child as anyone under the age of 16 years old. The processing of personal data of a child under 13 years of age is only lawful if parental or custodian consent has been obtained.
Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
THE KIND OF INFORMATION WE HOLD ON 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, such as information about a person’s health or sexual orientation.
We will collect, store, and use the following categories of personal information about Employees:
• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses. • Date of birth.
• Marital status and dependents.
• Next of kin and emergency contact information.
• National Insurance number.
• Bank account details, payroll records and tax status information.
• Salary, annual leave, pension and benefits information.
• Start date and, if different, the date of an Employee’s continuous employment.
• Location of employment or workplace.
• Copy of driving license (where applicable).
• Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
• Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).
• Personnel files and training records including performance information, disciplinary and grievance information, and working time records.
• Information about your use of our information and communications systems.
• Records of any reportable death, injury, disease or dangerous occurrence.
We may also collect, store and use the following “special categories” of more sensitive personal information:
• Information about an Employee’s race or ethnicity.
• Information about an Employee’s health, including any medical condition, accident, health and sickness records, including:
• where an Employee leaves employment and the reason for leaving is determined to be ill-health, injury or disability, the records relating to that decision;
• details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
• where an Employee leaves employment and the reason for leaving is related to their health, information about that condition needed for pensions and permanent health insurance purposes.
We will collect, store, and use the following categories of personal information about Children: • Name
• Date of birth
• Home address
• Dietary requirements
• Attendance information
• Photographs and video clips of the Child to signpost Children to where their belongings are stored at the Preschool that they attend, and also for general display purposes
• Emergency contact should Parents be unavailable and the emergency contact’s contact details
• Record book for each Child containing the work of the Child whilst at the Preschool, observations about the Child’s development whilst at the Preschool from Employees of the Preschool, specific examples of the Child’s progress, photographs demonstrating the Child’s development whilst at the Preschool, and personal details of the Child (e.g. their date of birth) (“Progress Report”)
• Records relating to individual Children e.g. care plans, common assessment frameworks, speech and language referral forms
• Accidents and pre-existing injuries forms
• Records of any reportable death, injury, disease or dangerous occurrence
• Observation, planning and assessment records of Children
We may also collect, store and use the following “special categories” of more sensitive personal information: • Information about a Child’s race or ethnicity, spoken language and nationality.
• Information about a Child’s health, including any medical condition, health and sickness records.
• Information about a Child’s accident or incident reports including reports of pre-existing injuries.
• Information about a Child’s incident forms / child protection referral forms / child protection case details / reports.
We will collect, store, and use the following categories of personal information about Parents:
• Home address
• Telephone numbers, and personal email addresses.
• National Insurance number.
• Bank account details.
We may also collect, store and use the following “special categories” of more sensitive personal information: • Information about a Parent’s race or ethnicity, spoken language and nationality.
• Conversations with Parents where Employees of the Preschool deem it relevant to the prevention of radicalisation or other aspects of the governments Prevent strategy.
HOW YOUR PERSONAL INFORMATION IS COLLECTED
We collect personal information about Employees 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.
We will collect additional personal information in the course of job-related activities throughout the period of when an Employee works for us.
Children and Parents:
We collect personal information about Children and Parents from when the initial enquiry is made by the Parents, through the enrolment process and until the Children stop using the Preschool’s services.
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 Employee personal information
We need all the categories of information in the list above (see Employee section within the Paragraph entitled ‘Information Type’) primarily to allow us to perform our contracts with Employees and to enable us to comply with legal obligations. The situations in which we will process Employee personal information are listed below.
• Making a decision about an Employee’s recruitment or appointment.
• Checking an Employee is legally entitled to work in the UK. Paying an Employee and, if an Employee is an Employee or deemed Employee for tax purposes, deducting tax and National Insurance contributions (NICs).
• Providing any Employee benefits to Employees.
• Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties.
• Liaising with the trustees or managers of a pension arrangement operated by a group company, your pension provider and any other provider of employee benefits.
• Administering the contract we have entered into with an Employee.
• Conducting performance and/or salary reviews, managing performance and determining performance requirements.
• Assessing qualifications for a particular job or task, including decisions about promotions.
• Gathering evidence for possible grievance or disciplinary hearings.
• Making decisions about an Employee’s continued employment, engagement.
• Making arrangements for the termination of our working relationship.
• Education, training and development requirements.
• Dealing with legal disputes involving Employees, including accidents at work.
• Ascertaining an Employee’s 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.
• Equal opportunities monitoring.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of an Employee’s personal information.
Situations in which Moulton Preschool will use personal information of Children
We need all the categories of information in the list above (see Children section within the Paragraph entitled ‘Information Type’) primarily to allow us to perform our obligations (including our legal obligations to Children). The situations in which we will process personal information of Children are listed below.
Upon consent from the Parents, Personal Data of Children will be shared with schools for progression into the next stage of their education.
• Personal information of Children will be shared with local authorities without the consent of Parents where there is a situation where child protection is necessary.
• The personal information of Children will be shared with local authorities without the consent of Parents for funding purposes.
• Ofsted will be allowed access to the Preschool’s systems to review child protection records. • To ensure we meet the needs of the Children
• To enable the appropriate funding to be received
• Report on a Child’s progress whilst with the Preschool
• To check safeguarding records
• To check complaint records
• To check attendance patterns are recorded
• When a Child’s Progress Report is given to its Parent in order for that Parent to pass the same Progress Report to a school for application or enrolment purposes
Situations in which the Preschool will use personal information of Parents
We need all the categories of information in the list above (see Parents section within the Paragraph entitled ‘The Kind of Information we Hold About You’) primarily to allow us to perform our contracts with Parents and to enable us to comply with legal obligations. The situations in which we will process personal information of Parents are listed below.
• The personal information of Parents will be shared with local authorities without the consent of Parents for funding purposes.
• To report on a Child’s attendance
• To be able to contact a Parent or a Child’s emergency contact about their Child
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 the Employee, Child or Parent, as is appropriate in the circumstances, and we will explain the legal basis which allows us to do so.
Please note that we may process an Employee’s, a Child’s or a Parent’s personal information without their respective knowledge or consent, as relevant to the circumstances, 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 have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:
1. In limited circumstances, with Employee or Parent explicit written consent.
2. Where we need to carry out our legal obligations or exercise rights in connection with Employee employment.
3. Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme.
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 an Employee, a Child or a Parents’ interests (or someone else’s interests) and the Employee, Child or Parent as is appropriate is not capable of giving consent, or where the Employee or Parent has already made the information public.
THE PRESCHOOL’S OBLIGATIONS AS AN EMPLOYER
We will use particularly sensitive personal information of Employees 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 the physical or mental health of an Employee, or their disability status, to ensure Employee health and safety in the workplace and to assess the fitness of Employees to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance.
• We will use information about an Employee’s race or national or ethnic origin, religious, philosophical or moral beliefs, or an Employee’s sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
Do we need Employee consent?
We do not need the consent of Employees if we use special categories of 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 Employees for their written consent to allow us to process certain particularly sensitive data. If we do so, we will provide Employees with full details of the information that we would like and the reason we need it, so that Employees can carefully consider whether they wish to consent. Employees should be aware that it is not a condition of their contract with the nursery that they agree to any request for consent from us.
Risk Assessment in relation to GDPR
Moulton Preschool needs to ensure that it is aware of any risks associated with the processing of all types of personal information. A Risk Assessment procedure has been implemented and is used by Moulton Preschool to assess any risk to individual during processing or their personal information. Assessment will also be completed by Moulton Preschool for any processing that is undertaken on their behalf by any third-party organisation Moulton Preschool will also, through the application of the Risk Assessment procedure ensure that any identified risks are managed appropriately to reduce the risk of non-compliance.
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.
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 the interests of You (or someone else’s interests) and You are not capable of giving your consent, or where an Employee or a Parent, as is relevant to the circumstances, has already made the information public.
We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so, which includes but is not limited to Disclosure and Barring Service (“DBS”) checks. 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 information about criminal convictions and offences in the following ways:
• To conduct a DBS check on each Employee, to record the date of the DBS check, the number of the DBS check and the name of the body conducting the DBS check.
We are allowed to use your personal information in this way to carry out our obligations. We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data. AUTOMATED DECISION-MAKING
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances: 1. Where we have notified Employees or Parents of the decision and given the Employee of the Parent as is appropriate 21 days to request a reconsideration.
2. Where it is necessary to perform the contract with an Employee or a Parent and appropriate measures are in place to safeguard the Employee’s, the Child’s or the Parent’s rights as is appropriate.
3. In limited circumstances, with explicit written consent from the Employee or the Parent, as is appropriate, and where appropriate measures are in place to safeguard Employee or Parent rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either explicit written consent from an Employee or a Parent as is appropriate, or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard an Employee or a Parents rights as is relevant in the circumstances.
You will not be subject to decisions that will have a significant impact on You based solely on automated decision- making, unless we have a lawful basis for doing so and we have notified the Employee or the Parent as is appropriate in the circumstances.
We may have to share Employee, Child or Parent 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.
Why might the Preschool share Employee, Child or Parent 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), local authorities, regulatory bodies, schools and other entities within our group. The following third-party service providers process personal information about you for the following purposes:
Local Authorities – for funding and monitoring reasons (e.g. equal opportunities and uptake of funded hours) Regulatory bodies – for ensuring compliance and the safety and welfare of the children
Schools – to provide a successful transition by ensuring information about the child’s progress and current level of development and interests are shared
We will share personal data regarding your participation in any pension arrangement operated by a group company with the trustees or scheme managers of the arrangement in connection with the administration of the arrangements.
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. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share Your personal data with the other parties if and to the extent required under the terms of the transaction.
We may also need to share Your personal information with a regulator or to otherwise comply with the law. General
Moulton Preschool must ensure that personal data is not disclosed/shared with unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise caution when asked to disclose personal data held on another individual to a third party. It is important to bear in mind whether disclosure of the information is relevant to, and necessary for, the conduct of Moulton Preschool business.
GDPR permits several exemptions where certain disclosure without consent is permitted, if the information is requested for one or more of the following purposes:
• to safeguard national security;
• prevention or detection of crime including the apprehension or prosecution of offenders;
• assessment or collection of tax duty;
• discharge of regulatory functions (includes health, safety and welfare of persons at work); • to prevent serious harm to a third party;
• to protect the vital interests of the individual, this refers to life and death situations.
All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the Data Protection Officer.
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. Details of retention periods for different aspects of your personal information are available in our retention policy which is available from the manager. 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.
In some circumstances we may anonymise Your personal information so that it can no longer be associated with You, in which case we may use such information without further notice to You. Once you are no longer an Employee, or a Child benefiting from the Nursery’s services or a Parent, as is appropriate, we will retain and securely destroy your personal information in accordance with our policy.
All Moulton Preschool Staff that are responsible for any personal data which the Preschool holds and must keep it secure to ensure that it is not disclosed under any conditions to any third party unless that third party has entered into an agreement
All personal data should be accessible only to those who need to use it, and access may only be granted in line with the Access Control Policy. You should form a judgment based upon the sensitivity and value of the information in question, but personal data must be kept:
• in a lockable room with controlled access; and/or
• in a locked drawer or filing cabinet; and/or
• if computerised, it must be password protected;
• stored on encrypted removable media, where possible, in line with the Data Protection & Storage Media Handling Procedure.
Care must be taken to ensure that PC screens and terminals are not visible except to authorised Staff of Moulton Preschool.
Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed
from business premises without explicit written authorisation. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving in line with Disposal and Retention Policy.
Personal data may only be deleted or disposed of in line with the Disposal Retention Policy Retention. Manual records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed as required. Because of the increased risk all Staff must be specifically authorised to process data off-site.
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 Employees or Parents 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 Employees or Parents, as is appropriate, 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 the manager 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).
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 our Data Protection Officer. 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. 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.
We work hard to ensure that your personal information is treated safely and securely. However, if you have a complaint, write or talk to us on the following contact details. You also have the right to complain to the Information Commissioner’s Office (ICO), or our Data Protection Officer, Moulton Preschool, Moulton Village Hall, Bridge Street, Moulton, Suffolk CB8 8SP, 07958 290837, email@example.com
If you have any questions about this privacy notice, please contact our Data Protection Officer.
Adoption and annual review of the policy
This Policy was adopted at a meeting of Moulton Preschool held on: 26/11/2018 This Policy was reviewed on:
This Policy was reviewed on:
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