Introduction
Private English Class Ltd is a UK based educational business (“School”). The School needs to communicate and share personal data in order to provide its services.
The School must comply with the European Union General Data Protection Regulation (GDPR), UK Data Protection Act, 2018 and other relevant legislation protecting privacy rights.
These data protection laws require the School to protect personal information and control how it is used in accordance with the legal rights of the data subjects – the individuals whose personal data is held.
All data subjects are entitled to know:
Their rights under data protection law and how to use them
What the School is doing to comply with its legal obligations under data protection law
Misuse of personal data, through loss, disclosure, or failure to comply with the Data Protection Principles and the rights of data subjects, may result in significant legal, financial and reputational damage.
In order to manage these risks, this policy sets out responsibilities for all managers, employees, contractors or subcontractors, and anyone else who can access or use personal data in their work for the School.
Policy prepared by: Data Protection Officer, May 2018
Policy review date: May 2021
Purpose
This policy and its supporting procedures and guidance support School compliance with its obligations as a Data Controller and where applicable, a Data Processor under data protection law.
The School is responsible for, and must be able to demonstrate, compliance with the following Data Protection Principles (“accountability”).
In summary, these state that personal data shall be:
Processed lawfully, fairly and in a way that is transparent to the data subject (“lawfulness, fairness and transparency”);
Collected or created for specified, explicit and lawful purposes and not be further processed in a manner that is incompatible with those purposes. (“purpose limitation”);
Adequate, relevant and limited to what is necessary for those purposes (“data minimisation”);
Accurate and kept up to date (“accuracy”);
Retained in a form that can identify individuals for no longer than is necessary for that purpose (“storage limitation”);
Kept safe from unauthorised access, processing, accidental or deliberate loss or destruction (“integrity and confidentiality”).
Objectives
The School will apply the Data Protection Principles and the other requirements of data protection law to the management of all personal data throughout the information life cycle by adopting the following policy objectives.
3.1 Process personal data fairly and lawfully
This means that we will:
Only collect and use personal data in accordance with the lawful conditions set down under the GDPR;
Treat people fairly by using their personal data for purposes and in a way that they would reasonably expect;
Ensure that if we collect someone’s personal data for one purpose e.g. to provide advice on study skills, we will not reuse their data for a different purpose that the individual did not agree to or expect e.g. to promote goods and services for an external supplier
Rely on consent as a condition for processing personal data only where
We first obtain the data subject’s specific, informed and freely given consent, and
The data subject gives consent, by a statement or a clear affirmative action that we document, and
The data subject can withdraw their consent at any time without detriment to their interests.
3.2 Inform data subjects what we are doing with their personal data.
This means that, at the point that we collect their personal data, we will explain to data subjects in a clear, concise and accessible way
The identity and contact details of the School and the Data Protection Officer,
What personal data we collect,
For what purposes we collect and use their data,
What lawful conditions we rely on to process data for each purpose and how this affects their rights,
Whether we intend to process the data for other purposes and their rights to object,
Our obligations to protect their personal data,
Where relevant, what personal data we publish and why,
How data subjects can update the personal data that we hold,
How long we intend to retain their data,
How to exercise their rights under data protection law.
We will publish this information on our website and where appropriate in printed formats. We will review the content of these Privacy Notices regularly and inform our data subjects of any significant changes that may affect them.
Where we process personal data to keep people informed about School activities and events we will provide in each communication a simple way of opting out of further marketing communications.
In these ways we will provide accountability for our use of personal data and demonstrate that we will manage people’s data in accordance with their rights and expectations.
3.3 Uphold individual’s rights as data subjects
This means that we will uphold their rights to:
Obtain a copy of the information comprising their personal data, free of charge within one month of their request,
Have inaccurate personal data rectified and incomplete personal data completed,
Have their personal data erased when it is no longer needed, if the data have been unlawfully processed or if the data subject withdraws their consent, unless there is an overriding legal or public interest in continuing to process the data,
Restrict the processing of their personal data until a dispute about the data’s accuracy or use has been resolved, or when the School no longer needs to keep personal data but the data subject needs the data for a legal claim,
Prevent processing of their data for direct marketing,
3.4 Apply “data protection by design and default” principles to all our personal data processing.
This means that we will:
Adopt data minimisation: we will collect, disclose and retain the minimum personal data for the minimum time necessary for the purpose,
Anonymise personal data wherever necessary and appropriate, g. when using it for statistical purposes, so that individuals can no longer be identified.
3.5 Protect personal data
This means that we will use appropriate technical and organisational measures to:
Control access to personal data so that staff, contractors and other people working on School business can only see such personal data as is necessary for them to fulfil their duties,
Require all School staff, contractors, students and others who have access to personal data in the course of their work to complete basic data protection training, supplemented as appropriate by procedures and guidance relevant to their specific roles,
Provide appropriate tools for staff, contractors, students and others to use and communicate personal data securely when working away from the School premises, for instance through provision of a secure Virtual Private Network, encryption and cloud solutions,
Take all reasonable steps to obtain assurance that all suppliers, contractors, agents and other external parties who process personal data for the School will comply with auditable security controls to protect our data and enter into our Data Processor Agreements,
Maintain Data Sharing Agreements with educational partners and other external bodies with whom we may need to share personal data to deliver academic programmes, shared services or joint projects to ensure proper governance, accountability and control over the use of such data,
Where transferring personal data to another country outside the European Union put in place appropriate agreements and auditable security controls to maintain privacy rights,
Ensure that our students are aware of how data protection law applies to their use of personal data in the course of their studies or research and how they can take appropriate steps to protect their own personal data and respect the privacy of others,
Make appropriate and timely arrangements to ensure the confidential destruction of personal data in all media and formats when it is no longer required for University business.
3.6 Retain personal data only as long as required
This means that we will:
Retain personal data only so long as required for the purposes for which they were collected.
Then, in line with the retention policy recommendations, we will
Destroy records securely in a manner appropriate to their format
3.7 Manage any breaches of data security promptly and appropriately.
This means that we will take all necessary steps to reduce the impact of incidents involving personal data. Where a data breach is likely to result in a risk to the rights and freedoms of data subjects, the Data Protection Officer will liaise with the Information Commissioner’s Office and report the breach, in line with regulatory requirements, within 72 hours of discovery. The Data Protection Officer will also recommend, where necessary, actions to inform data subjects and reduce risks to their privacy arising from the breach.
SCOPE
4.1 What information is included in the Policy
This policy applies to all personal data created or received in the course of School business in all formats, of any age. Personal data may be held or transmitted in paper, physical and electronic formats or communicated verbally in conversation or over the telephone.
4.2 Who is affected by the Policy
Data subjects:
These include, but are not confined to: prospective applicants, applicants to programmes and posts, current and former students, current and former employees, family members where emergency or next of kin contacts are held, workers employed through temping agencies, members of the Court and members of the Committees of the Court, volunteers, people making requests for information or enquiries, complainants, professional contacts and representatives of funders, partners and contractors.
Users of personal data
The policy applies to anyone who obtains, records, can access, store or use personal data in the course of their work for the School. Users of personal data include employees and students of the School, contractors, suppliers, agents, School partners.
4.3 Where the Policy applies
This policy applies to all locations from which School personal data is accessed including home use.
LINES OF RESPONSIBILITY
5.1 All users of School information are responsible for
Completing relevant training and awareness activities provided by the School to support compliance with this policy,
Taking all necessary steps to ensure that no breaches of information security result from their actions,
Reporting all suspected information security breaches or incidents promptly to office@privateenglishclass.co.uk so that appropriate action can be taken to minimise harm,
Informing the School of any changes to the information that they have provided to the School in connection with their employment or studies, for instance, changes of address or bank account details.
5.2 The Managing Director, as the Chief Executive Officer of the School, has ultimate accountability for the School’s compliance with data protection law.
5.3 The management (including Academic manager), is a data processor and is responsible for collecting, processing and storing the data.
5.4 The tutors (teachers, both employed and sub-contracted freelancers), use the data processed by the Data Processor in order to deliver the service to end clients.
5.5 The Data Protection Officer is responsible for
Informing and advising managers and all members of the School community of their obligations under data protection law;
Promoting a culture of data protection, g. through training and awareness activities;
Reviewing and recommending policies, procedures, standards, and controls to maintain and demonstrate compliance with data protection law and embed privacy by design and default across the School;
Advising on data protection impact assessment and monitoring its performance;
Maintaining Records of Processing Activities;
Providing a point of contact for data subjects with regard to all issues related to their rights under data protection law;
Investigating personal data breaches, recommending actions to reduce their impact and likelihood of recurrence;
Acting as the contact point for and cooperating with the Information Commissioner’s Office on issues relating to processing.
MONITORING AND EVALUATION
The Managing Director (if not the Data Protection Officer) will monitor new and on-going data protection risks
IMPLEMENTATION
This policy is implemented through the development, implementation, monitoring and review of the component parts of the School Information Security Management System.
These will require
The Data Protection Officer to liaise with Institutes and Professional Services and their managers to review and update information risk assessments and records of processing activities and take necessary actions to identify and protect personal data and systems used to process the data;
Review and refresh of all relevant policies and procedures;
Generic and role specific training and awareness;
Embedding privacy by design and default and related information governance requirements into procurement and project planning;
Information security incident management policies and procedures;
Business continuity management;
Monitoring compliance and reviewing controls to meet business needs.
PRIVACY NOTICE
8.1 Who we are:
Private English Class Ltd. was set up at the end of year 2011 and in 2012 welcomed its first students. Since then the school has established itself as a lead provider of English courses to the local communities in East Midlands.
Our Data Protection Officer can be contacted directly here:
By email: office@privateenglishclass.co.uk
By Mail: Data Protection Officer 1st floor, 11 Market Street, Kettering, NN16 0AH, UK
8.2 The personal data we may collect or process on you is:
User type Personal data type Source
Learners/students – publicly funded courses Name, Surname, personal ID, passport number, address, employer’s address, current employment status, learning disabilities, email address, phone number, next of kin contact details, personal achievements, goals and aspirations, education history From the data subject directly
Learners/students – privately funded courses Name, Surname, Postcode, town, email address, phone number From the data subject directly
Teachers/tutors/sub-contractors Name, Surname, DBS, diplomas and certificates, work history From the data subject directly
8.3 Your data will be used for the following purposes:
Service – Information in this category is needed in order to be able to provide School’s services to data subjects. In addition it is required to address or deal with any requests or enquiries.
Notifications – Information in this category allows us to provide data subjects with key product usage information to their preferred communication method.
Marketing – Information in this category is used to send out School’s service information to parties who have requested or are highly likely to have an interest.
8.4 Our lawful basis for processing for the personal data:
Teachers / Staff Members / Sub-contractors – Our lawful basis for processing your data is Legitimate Interest, as this forms part of delivering your job responsibilities.
Students/Learners – Our lawful basis for collecting and processing your data is Contract which you are planning to sign into in order to use our services. The data is obtained from you by you initially completing our registration/application form and interviewing you by a member of our staff.
8.5 Lawful basis for processing Non-Registered Data Subjects data
We are processing your personal data based on Explicit Consent. You may opt out of this processing at any time by contacting us directly on:
Email: office@privateenglishclass.co.uk
Once you have opted out, we will no longer contact you with information about Private English Class services and all of your personal data will be deleted and/or anonymised within 28 days.
8.6 Disclosure
In many circumstances we will not disclose personal data without consent. However, when we investigate a complaint, for example, we will need to share personal information with the organisation concerned and with other relevant bodies. Further information is available on request about the factors we shall consider when deciding whether information should be disclosed.
You can also get further information on:
agreements we have with other organisations for sharing information;
circumstances where we can pass on personal data without consent for example, to prevent and detect crime and to produce anonymised statistics;
our instructions to staff on how to collect, use and delete personal data; and
how we check that the information we hold is accurate and up to date.
Except as set out above Private English Class Ltd. will not pass on your personal data to new third parties without first obtaining your consent. All third parties will have in place agreements consistent with GDPR requirements. We will never sell your data to third parties.
8.7 Retention period
School will process and store personal data for learner/students, teachers and school staff members for the duration of 2 years. After this period, the data will either be updated or deleted.
For non-School users we will process and store personal data while we are in contact with you with relevant information on our services. If we have not contacted you for a period of 1 year your data will then be removed from our system.
If you have opted out to your data being processed we will delete your data within 28 days of your opt out being received.
8.8 Your rights as a data subject
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
Right of access – you have the right to request a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organisation.
Right to object – you have the right to object to certain types of processing such as direct marketing.
Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
Right to judicial review – in the event that Satchel refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain
8.9 Complaints
In the event that you wish to make a complaint about how your personal data is being processed by School, or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and School’s Data Protection Officer.
The details for each of these contacts are:
Supervisory authority contact details
Contact Name: Information Commissioner’s Office (ICO)
Contact Details: https://ico.org.uk/concerns/
Data Protection Officer (DPO) contact details
Contact Name: Private English Class Ltd. DPO
Contact Details: office@privateenglishclass.co.uk
Personal data
Under the EU’s General Data Protection Regulation (GDPR) personal data 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”.
How we use your information
This privacy notice tells you how we, School, will collect and use your personal data for (i) assessing your current skills in order to advise what services we can offer to you (ii) contacting you about key notifications and (iii) in certain cases sending marketing information about our products.
Why does Private English Class Ltd. need to collect and store personal data?
For students, parents, teachers and school staff members, in order for Private English Class Ltd. to provide those users with our services, we need to collect and process their personal data for delivering service to the right person and with the right information.
For marketing purposes we focus on contacts that have consented to receiving relevant material.
For non-registered users we need to collect and process personal information on users who have expressed an interest in our services so we can contact them with the relevant information. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.
Will Private English Class Ltd. share my personal data with anyone else?
We may pass your personal data on to third-party service providers contracted to Private English Class Ltd. in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to support in delivering our service.
We do not currently process any sensitive personal data, however in the future, if this changes and we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.
How will Private English Class Ltd. use the personal data it collects about me?
Private English Class Ltd. will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. Private English Class Ltd. is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.
Under what circumstances will Private English Class Ltd. contact me?
Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
Can I find out the personal data that the organisation holds about me?
If you are a student/learner or non-registered user Private English Class Ltd. at your request, can confirm what information we hold about you and how it is processed.
If you are a student, teacher or school staff member Private English Class Ltd. will need to receive a request from you to access the data.
If Private English Class Ltd. does hold personal data about you, you can request the following information:
Contact details of the data protection officer, where applicable.
The purpose of the processing as well as the legal basis for processing.
If the processing is based on the legitimate interests of Private English Class Ltd. or a third party, information about those interests.
The categories of personal data collected, stored and processed.
Recipient(s) or categories of recipients that the data is/will be disclosed to.
If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
How long the data will be stored.
Details of your rights to correct, erase, restrict or object to such processing.
Information about your right to withdraw consent at any time.
How to lodge a complaint with the supervisory authority.
Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
The source of personal data if it wasn’t collected directly from you.
Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
What forms of ID will I need to provide in order to access this?
Private English Class Ltd. accepts the following forms of certified ID when information on your personal data is requested:
Passport
Driving Licence
Birth certificate
National ID (from other countries)
Once ID has been approved these records will not be retained.
How does School protect my personal data?
Private English Class Ltd is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Contact details of the Data Protection Officer / Managing Director
Contact Name: Private English Class Ltd. DPO
Contact Details: office@privateenglishclass.co.uk