GDPR DATED
25TH May 2018
GDPR PRIVACY NOTICE
FOR EMPLOYEES,
CHILDREN ATTENDING
Brookdale Day Nursery
AND THEIR PARENTS
Compiled
by
Stephensons
Solicitors LLP, 1st Floor Sefton House,
Northgate
Close, Bolton, BL6 6PQ
WHAT IS THE PURPOSE OF THIS
DOCUMENT?
Brookdale Day Nursery 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 (Childor Children) and the parents of the Children
(Parents) (known collectively as Youor Your), in accordance with the
General Data Protection Regulation (GDPR).
The Nursery Brookdale Day Nursery
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 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 categoriesof more sensitive personal data
which require a higher level of protection, such as information about a
persons health or sexual orientation.
Employees:
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. Gender. Marital status and dependants. 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 Employees continuous employment. Location of employment or
workplace. Copy of driving licence
(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 categoriesof more sensitive personal
information:
Information about an
Employees race or ethnicity.
Information about an
Employees health, including any medical condition, accident, health and
sickness records, including:
where an Employee leaves
employment and under any share plan operated by a group company 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. Children:
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
Nursery that they attend, and also for general display purposes Emergency contact should
Parents be unavailable and the emergency contacts contact details Record book for each Child
containing the work of the Child whilst at the Nursery, observations about the
Childs development whilst at the Nursery from Employees of the Nursery,
specific examples of the Childs progress, photographs demonstrating the
Childs development whilst at the Nursery, 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 categoriesof more sensitive personal
information:
Information about a Childs race or ethnicity, spoken
language and nationality. Information about a Childs health, including any medical
condition, health and sickness records. Information about a Childs accident or incident reports
including reports of pre-existing injuries. Information about a Childsincident forms / child protection referral forms / child
protection case details / reports. Parents:
We will collect, store, and use the following categories of
personal information about Parents:
Name Home address Telephone numbers, and
personal email addresses. National Insurance number. Bank account details. We may also collect, store
and use the following special categoriesof more sensitive personal
information: Information
about a Parents race or ethnicity, spoken language and nationality. Conversations
with Parents where Employees of the Nursery deem it relevant to the prevention
of radicalisation or other aspects of the governments Prevent strategy. HOW IS YOUR PERSONAL
INFORMATION COLLECTED?
Employees:
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 Nursery'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 elses
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 theParagraph entitled 'The Kind of Information We
Hold About You')
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 the Nursery will use personal information of
Children
We need all the categories
of information in the list above (see Children section within the Paragraph entitled
'The Kind of Information We Hold About You') 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 Nursery'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 Nursery
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 Nursery 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
To ensure nursery fees are
paid
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. 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
Nursery'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.
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 the interests of You (or someone elses 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
envisage that we will hold information about criminal convictions.
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.
DATA
SHARING
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 Nursery 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.
When
might you share my personal information with other entities in the group?
We
will share Your personal information with other entities in our group as part
of our [DESCRIBE OTHER KNOWN ACTIVITIES].
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.
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. 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
data retention policy OR applicable laws and regulations].
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 [the manager]. 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.
If
you have any questions about this privacy notice, please contact Esther
Meechan, Nursery Manager at [email protected] or on 01524 64740
