PRIVACY STATEMENT
FOR EMPLOYEES, CHILDREN ATTENDING THE NURSERY AND THEIR PARENTS
1. INTRODUCTION
Bal Krishna Education Trust (the “Nursery” or “we”) is committed to protecting the privacy and security of your personal information. This privacy notice describes how the Nursery collects and uses personal information about employees of the Nursery (“Employees”), children attending the Nursery (“Child” or “Children”) and the parents of the Children (“Parents”) (known collectively as “You” or “Your”), in accordance with the Data Protection Act 2018 which is the UK’s implementation of the General Data Protection Regulation (GDPR).
Data Controller:
Bal Krishna Education Trust
SKSS Temple SE London
St. Margarets Grove
London
SE18 7RL
Data Protection Officer:
Kanti Chhabhadiya
We will comply with data protection law which states that we have to follow strict rules called ‘data protection principles’ and must make sure the personal information is:
• used fairly, lawfully and transparently
• used for specified, explicit purposes
• used in a way that is adequate, relevant and limited to only what is necessary
• accurate and, where necessary, kept up to date
• kept for no longer than is necessary
• handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage
2. WHAT INFORMATION WE COLLECT
All information that we collect is necessary to meet our contractual and legal requirements as an Employer, Early Years Setting, from Ofsted, Local Authorities and the EYFS and is necessary for our legitimate interests and Your interests.
Personal data only includes information relating to natural persons from which that person can be identified. There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health.
Employees:
We will collect, store, and use the following categories of personal information about Employees:
• Personal details such as name, addresses, telephone numbers, email addresses, bank details, national insurance number, passport details, date of birth
• Marital status and dependants
• Next of kin and emergency contact information
• Contract information such as payroll records, tax information, salary, annual leave, pension and benefits information
• Recruitment information (including copies of right to work documentation, references and other information included in a CV or as part of the application process).
• Qualifications and DBS number or certificate
• Personnel files and training records
• Records of any reportable 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
Children:
We will collect, store, and use the following categories of personal information about Children:
• Name
• Gender
• Date of birth and birth certificate
• Home address
• Attendance information
• Allergies
• Dietary requirements
• Photographs and video clips of the Child
• Emergency and medical contact details
• Records relating to individual Children e.g. care plans,
• Accidents and pre-existing injuries forms
• Records of any reportable occurrence
• Funding information and details
• Observation, planning and assessment records of Children
• The learning journal for each Child
We may also collect, store and use the following “special categories” of more sensitive personal information about Children:
• Race or ethnicity, spoken language and nationality
• Health, including any medical condition, health and sickness records
• Special education needs
• Accident or incident reports including reports of pre-existing injuries
• Relevant documentation for child protection and safeguarding concerns
Parents:
We will collect, store, and use the following categories of personal information about Parents:
• Name
• Home and work address
• Telephone numbers and email addresses
• Information required for eligibility of free childcare
• Contractual information such as bank details
We may also collect, store and use the following “special categories” of more sensitive personal information:
• Race or ethnicity, spoken language and nationality
2. HOW THE INFORMATION IS COLLECTED
Employees:
We collect personal information about Employees through the application and recruitment process, either directly from candidates 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 during 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 Nursery’s services.
3. HOW THE INFORMATION IS USED
We will only use Your personal information when the law allows us to. Generally, we will use Your personal information where:
• we need to perform the contract we have entered into with You
• we need to comply with a legal obligation
• it is necessary for our legitimate interests and Your interests and fundamental rights do not override those interests
We may also use Your personal information in the following situations:
Situations in which we will use and process Employee personal information
• Employee’s recruitment and appointment processes
• Ensure that staff have the legal right to work in the UK
• Ensure that all staff have the relevant qualifications required for their role
• Support individuals with any health needs or other requirements
• Enable payroll and related processes e.g. pension enrolment arrangements
• Enable us to fulfil our duty of care to our employees.
• Education, training and development requirements
• Operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace
• Operate and keep a record of employee performance and related processes, to plan for career development, and for succession planning and workforce management purposes
• Dealing with legal disputes involving Employees, including accidents at work
• Ascertaining an Employee’s fitness to work
• Managing sickness absence
• Operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that the organisation complies with duties in relation to leave entitlement, and to ensure that employees are receiving the pay or other benefits to which they are entitled
• Complying with health and safety obligations
• Ensure effective general HR and business administration
• Provide references on request
• Maintain and promote equality in the workplace
Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to employees with disabilities).
Where the organisation processes other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is done for the purposes of equal opportunities monitoring. Data that the organisation uses for these purposes is anonymised. Employees are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so.
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 we will use and process personal information of Children
• 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
• Monitor and report on a Child’s progress whilst with the Nursery
• To ensure we meet the needs of the Children and to support theirlearning
• To comply with the law regarding data sharing
• To comply with the requirements of the EYFS and Ofsted
• To process nursery fees
• To ensure children’s health, safety and wellbeing
• To enable the appropriate funding to be received
• To check safeguarding records
• To check attendance records
Situations in which the Nursery will use personal information of Parents
• To report on a Child’s attendance
• To be able to contact a Parent or a Child’s emergency contact about their Child
• To ensure nursery fees are paid
• To support your child’s well-being and development
• To manage any special educational, health or medical needs of your child whilst at our setting
• To carry out regular assessment of your child’s progress and to identify any areas of concern
• To enable the appropriate funding to be received
• To keep you updated with information about our service
• With your consent, we will also record your child’s activities for their individual learning record. This may include photographs and videos. You will have the opportunity to withdraw your consent at any time, for images taken by confirming so in writing.
We have a legal obligation to process safeguarding related data about your child should we have concerns about their welfare. We also have a legal obligation to transfer records and certain information about your child to the school that your child will be attending
If Employees and Parents fail to provide personal information
If Employees and Parents fail to provide certain information when requested, we may not be able to perform the respective contracts we have entered into with Employees and Parents, or we may be prevented from complying with our respective legal obligations to Employees, Children and Parents.
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.
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.
4. AUTOMATED DECISION-MAKING
We do not make any decisions about your child based solely on automated decision-making.
5. DATA SHARING
Your information may be shared if access to the data is necessary for performance of our contractual and legal obligations and where required by law. Where information is shared internally, the data will be subject to confidentiality arrangements.
We may share Employee, Child or Parent data with third parties
Why might the Nursery share Employee, Child or Parent personal information with third parties?
We will share Employee, Child or Parent data 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-parties process Your information?
”Third parties” includes third-party service providers (including contractors and designated agents), local authorities, regulatory bodiesand schools. The following third-parties 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 /Other settings – to provide a successful transition by ensuring information about the child’s progress and current level of development and interests are shared
• Banking services
• Our setting software management provider
• We may also need to share Your personal information with a regulator or to otherwise comply with the law
• We may also share Your personal information to protect the Childrenor it is necessary to protect our and other’s rights, property, assetsor safety
How secure is my information with third-party service providers?
All our third-party service providers 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. The Nursery has processes in place to ensure that the confidentiality of personal data is maintained and there are stringent controls in place regarding access to it and its use.
6. DATA SECURITY
We take the security of Your data seriously and have internal policies and controls in place to try to ensure that Your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except in the performance of our duties. All Your data is either kept in ourGDPR compliant software systems or in paper format. Personal data held within a software system is securely protected with logins and a secure password, which is only be given to those who need to access the data. All data stored in paper format is kept in a safe location where only those who are authorised to access it, can. This may include being locked away in a filing cabinet.
7. DATA RETENTION
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. Retention of documents will be made in accordance to the Legislation and as per the regulations of OFSTED.
8. 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.
Under certain circumstances, the law grants you specific rights. These are summarised below. Please note that your rights may be limited and subject to restrictions in certain situations:
• 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.
What we may need from You
• You will not have to pay a fee to access Your personal information (or to exercise any of the other rights)
• 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.
9. 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 the DPO. 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.
10. 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.
11. CONTACT DETAILS
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 DPO.
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office on 0303 123 1113 or via email athttps://ico.org.uk/global/contact-us/email/ or visit https://ico.org.uk/make-a-complaint/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.
Updated – May 2019
Reviewed – May 2019