WHO WE ARE
We Zig Zag Day Nursery are a data controller for the purposes of the Data Protection Act. We collect information from you and may receive information about you from your previous nursery.
This policy is intended to provide information about how the Nursery will use (or “process”) personal data about individuals including: its staff; its current, past and prospective pupils; and their parents, carers or guardians (referred to in this policy as “parents”).
This information is provided because Data Protection Law gives individuals rights to understand how their data is used. Staff, parents and pupils are all encouraged to read this Privacy Notice and understand the Nursery’s obligations to its entire community.
This Privacy Notice applies alongside any other information the Nursery may provide about a particular use of personal data, for example when collecting data via an online or paper form.
This Privacy Notice also applies in addition to the Nursery’s other relevant terms and conditions and policies, including:
- any contract between the Nursery and its staff or the parents of pupils;
- the Nursery’s policy on taking, storing and using images of children;
- the Nursery’s CCTV policy;
- the Nursery’s retention of records policy;
- the Nursery’s safeguarding, pastoral, or health and safety policies, including as to how concerns or incidents are recorded; and
- the Nursery’s IT policies
Anyone who works for, or acts on behalf of, the Nursery (including staff, volunteers, governors and service providers) should also be aware of and comply with this Privacy Notice and/or the Nursery’s Data Protection Policy for staff, which also provides further information about how personal data about those individuals will be used.
RESPONSIBILITY FOR DATA PROTECTION
- The Nursery has appointed the Nursery Manager as the Privacy and Compliance Officer
who will deal with all your requests and enquiries concerning the Nursery’s uses of your personal data (see section on Your Rights below) and endeavour to ensure that all personal data is processed in compliance with this policy and Data Protection Law
WHY THE NURSERY NEEDS TO PROCESS PERSONAL DATA
In order to carry out its ordinary duties to staff, pupils and parents, the Nursery needs to process a wide range of personal data about individuals (including current, past and prospective staff, pupils or parents) as part of its daily operation.
Some of this activity the Nursery will need to carry out in order to fulfil its legal rights, duties or obligations – including those under a contract with its staff, or parents of its pupils.
Other uses of personal data will be made in accordance with the Nursery’s legitimate interests, or the legitimate interests of another, provided that these are not outweighed by the impact on individuals, and provided it does not involve special or sensitive types of data.
The Nursery expects that the following uses will fall within that category of its (or its community’s) “legitimate interests”:
- For the purposes of pupil selection (and to confirm the identity of prospective pupils and their parents);
- To provide education services, including musical education, physical training or spiritual development, career services, and extra-curricular activities to pupils, and monitoring pupils’ progress and educational needs;
- Maintaining relationships with alumni and the Nursery community, including direct marketing or fundraising activity;
- For the purposes of donor due diligence, and to confirm the identity of prospective donors and their background[and relevant interests;
- For the purposes of management planning and forecasting, research and statistical analysis, including that imposed or provided for by law (such as tax, diversity or gender pay gap analysis);
- To enable relevant authorities to monitor the Nursery’s performance and to intervene or assist with incidents as appropriate;
- To give and receive information and references about past, current and prospective pupils, including relating to outstanding fees or payment history, to/from any educational institution that the pupil attended or where it is proposed they attend; and to provide references to potential employers of past pupils;
- To enable pupils to take part in national or other assessments, and to publish the results of public examinations or other achievements of pupils of the Nursery;
- To safeguard pupils’ welfare and provide appropriate pastoral care;
- To monitor (as appropriate) use of the Nursery’s IT and communications systems in accordance with the Nursery’s IT: acceptable use policy;
- To make use of photographic images of pupils in Nursery publications, on the Nursery website and (where appropriate) on the Nursery’s social media channels in accordance with the Nursery’s policy on taking, storing and using images of children;
- For security purposes, including CCTV in accordance with the Nursery’s CCTV policy;
- To carry out or cooperate with any Nursery or external complaints, disciplinary or investigation process; and
- Where otherwise reasonably necessary for the Nursery’s purposes, including to obtain appropriate professional advice and insurance for the Nursery.
In addition, the Nursery will on occasion need to process special category personal data (concerning health, ethnicity, religion, biometrics or sexual life) or criminal records information (such as when carrying out DBS checks) in accordance with rights or duties imposed on it by law, including as regards safeguarding and employment, or from time to time by explicit consent where required. These reasons will include:
- To safeguard pupils’ welfare and provide appropriate pastoral (and where necessary, medical) care, and to take appropriate action in the event of an emergency, incident or accident, including by disclosing details of an individual’s medical condition or other relevant information where it is in the individual’s interests to do so: for example for medical advice, for social protection, safeguarding, and cooperation with police or social services, for insurance purposes or to caterers or organisers of Nursery trips who need to be made aware of dietary or medical needs;
- To provide educational services in the context of any special educational needs of a pupil;
- To provide spiritual education in the context of any religious beliefs;
- In connection with employment of its staff, for example DBS checks, welfare, union membership or pension plans;
- To run any of its systems that operate on biometric data, such as for security and other forms of pupil identification (lockers, lunch etc.);
- As part of any Nursery or external complaints, disciplinary or investigation process that involves such data, for example if there are SEN, health or safeguarding elements; or
- For legal and regulatory purposes (for example child protection, diversity monitoring and health and safety) and to comply with its legal obligations and duties of care.
TYPES OF PERSONAL DATA PROCESSED BY THE NURSERY
This will include by way of example:
- names, addresses, telephone numbers, e-mail addresses and other contact details;
- car details (about those who use our car parking facilities);
- bank details and other financial information, e.g. about parents who pay fees to the Nursery;
- past, present and prospective pupils’ academic, disciplinary, admissions and attendance records (including information about any special needs), and examination scripts and marks;
- personnel files, including in connection with academics, employment or safeguarding;
- where appropriate, information about individuals’ health and welfare, and contact details for their next of kin;
- references given or received by the Nursery about pupils, and relevant information provided by previous educational establishments and/or other professionals or organisations working with pupils;
- correspondence with and concerning staff, pupils and parents past and present; and
- images of pupils (and occasionally other individuals) engaging in Nursery activities, and images captured by the Nursery’s CCTV system (in accordance with the Nursery’s policy on taking, storing and using images of children);
HOW THE NURSERY COLLECTS DATA
Generally, the Nursery receives personal data from the individual directly (including, in the case of children, from their parents). This may be via a form, or simply in the ordinary course of interaction or communication (such as email or written assessments).
However in some cases personal data will be supplied by third parties(for example another Nursery, or other professionals or authorities working with that individual; or collected from publicly available resources.
WHO HAS ACCESS TO PERSONAL DATA AND WHO THE NURSERY SHARES IT WITH
Occasionally, the Nursery will need to share personal information relating to its community with third parties, such as:
- professional advisers (e.g. lawyers, and accountants);
- government authorities (e.g. HMRC, DfE, police or the local authority); and
- appropriate regulatory bodies
For the most part, personal data collected by the Nursery will remain within the Nursery, and will be processed by appropriate individuals only in accordance with access protocols (i.e. on a ‘need to know’ basis). Particularly strict rules of access apply in the context of:
- medical records held and accessed only by the Nursery Nurse and appropriate medical staff under his/her supervision, or otherwise in accordance with express consent and
- pastoral or safeguarding files.
However, a certain amount of any SEN pupil’s relevant information will need to be provided to staff more widely in the context of providing the necessary care and education that the pupil requires.
Staff, pupils and parents are reminded that the Nursery is under duties imposed by law and statutory guidance (including Keeping Children Safe in Education) to record or report incidents and concerns that arise or are reported to it, in some cases regardless of whether they are proven, if they meet a certain threshold of seriousness in their nature or regularity. This is likely to include file notes on personnel or safeguarding files, and in some cases referrals to relevant authorities such as the LADO or police. For further information about this, please view the Nursery’s Safeguarding Policy.
Finally, in accordance with Data Protection Law, some of the Nursery’s processing activity is carried out on its behalf by third parties, such as IT systems, web developers or cloud storage providers. This is always subject to contractual assurances that personal data will be kept securely and only in accordance with the Nursery’s specific directions.
HOW LONG WE KEEP PERSONAL DATA
The Nursery will retain personal data securely and only in line with how long it is necessary to keep for a legitimate and lawful reason. Typically, the legal recommendation for how long to keep ordinary staff and pupil personnel files is up to 7 years following departure from the Nursery. However, incident reports and safeguarding files will need to be kept much longer, in accordance with specific legal requirements.
KEEPING IN TOUCH AND SUPPORTING THE NURSERY
The Nursery will use the contact details of parents and other members of the Nursery community to keep them updated about the activities of the Nursery and parent events of interest, including by sending updates and newsletters, by email and by post. Unless the relevant individual objects, the Nursery will also:
- Share personal data about parents and, as appropriate, with organisations set up to help establish and maintain relationships with the Nursery community,
- Contact parents and/or alumni by post and email in order to promote and raise funds for the Nursery and, where appropriate, other worthy causes;
- Should you wish to limit or object to any such use, or would like further information about them, please contact the Nursery Manager in writing. You always have the right to withdraw consent, where given, or otherwise object to direct marketing or fundraising. However, the Nursery is nonetheless likely to retain some of your details (not least to ensure that no more communications are sent to that particular address, email or telephone number).
Individuals have various rights under Data Protection Law to access and understand personal data about them held by the Nursery, and in some cases ask for it to be erased or amended or have it transferred to others, or for the Nursery to stop processing it – but subject to certain exemptions and limitations.
Any individual wishing to access or amend their personal data, or wishing it to be transferred to another person or organisation, or who has some other objection to how their personal data is used, should put their request in writing to the Operations Manager.
The Nursery will endeavour to respond to any such written requests as soon as is reasonably practicable and in any event within statutory time-limits (which is one month in the case of requests for access to information).
The Nursery will be better able to respond quickly to smaller, targeted requests for information. If the request for information is manifestly excessive or similar to previous requests, the Nursery may ask you to reconsider, or require a proportionate fee (but only where Data Protection Law allows it).
REQUESTS THAT CANNOT BE FULFILLED
You should be aware that the right of access is limited to your own personal data, and certain data is exempt from the right of access. This will include information which identifies other individuals (and parents need to be aware this may include their own children, in certain limited situations – please see further below), or information which is subject to legal privilege (for example legal advice given to or sought by the Nursery, or documents prepared in connection with a legal action).
The Nursery is also not required to disclose any pupil examination scripts (or other information consisting solely of pupil test answers), provide examination or other test marks ahead of any ordinary publication, nor share any confidential reference given by the Nursery itself for the purposes of the education, training or employment of any individual.
You may have heard of the “right to be forgotten”. However, we will sometimes have compelling reasons to refuse specific requests to amend, delete or stop processing your (or your child’s) personal data: for example, a legal requirement, or where it falls within a legitimate interest identified in this Privacy Notice. All such requests will be considered on their own merits.
PARENTAL REQUESTS, ETC.
It should be clearly understood that the rules on subject access are not the sole basis on which information requests are handled. Parents may not have a statutory right to information, but they and others will often have a legitimate interest or expectation in receiving certain information about pupils without their consent. The Nursery may consider there are lawful grounds for sharing with or without reference to that pupil.
Parents will in general receive educational and pastoral updates about their children, in accordance with the Parent Contract. Where parents are separated, the Nursery will in most cases aim to provide the same information to each person with parental responsibility, but may need to factor in all the circumstances including the express wishes of the child]
All information requests from, on behalf of, or concerning pupils – whether made under subject access or simply as an incidental request – will therefore be considered on a case by case basis.
Where the Nursery is relying on consent as a means to process personal data, any person may withdraw this consent at any time (subject to similar age considerations as above). Examples where we do rely on consent are: certain types of uses of images, and certain types of fundraising activity. Please be aware however that the Nursery may not be relying on consent but have another lawful reason to process the personal data in question even without your consent.
That reason will usually have been asserted under this Privacy Notice, or may otherwise exist under some form of contract or agreement with the individual (e.g. an employment or parent contract, or because a purchase of goods, services or membership of an organisation such as an alumni or parents’ association has been requested).
The rights under Data Protection Law belong to the individual to whom the data relates. However, the Nursery will often rely on parental authority or notice for the necessary ways it processes personal data relating to pupils – for example, under the parent contract, or via a form. Parents and pupils should be aware that this is not necessarily the same as the Nursery relying on strict consent (see section on Consent above).
Where consent is required, it may in some cases be necessary or appropriate – given the nature of the processing in question, and the pupil’s age and understanding – to seek the pupil’s consent. Parents should be aware that in such situations they may not be consulted, depending on the interests of the child, the parents’ rights at law or under their contract, and all the circumstances.
In general, the Nursery will assume that pupils’ consent is not required for ordinary disclosure of their personal data to their parents, e.g. for the purposes of keeping parents informed about the pupil’s activities, progress and behaviour, and in the interests of the pupil’s welfare. That is unless, in the Nursery’s opinion, there is a good reason to do otherwise.
However, where a pupil seeks to raise concerns confidentially with a member of staff and expressly withholds their agreement to their personal data being disclosed to their parents, the Nursery may be under an obligation to maintain confidentiality unless, in the Nursery’s opinion, there is a good reason to do otherwise; for example where the Nursery believes disclosure will be in the best interests of the pupil or other pupils, or if required by law.
Pupils are required to respect the personal data and privacy of others, and to comply with the Nursery’s IT: acceptable use policy and the Nursery rules. Staff are under professional duties to do the same covered under the relevant staff policy.
DATA ACCURACY AND SECURITY
The Nursery will endeavour to ensure that all personal data held in relation to an individual is as up to date and accurate as possible. Individuals must please notify the Operations Manager of any significant changes to important information, such as contact details, held about them.
An individual has the right to request that any out-of-date, irrelevant or inaccurate or information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law): please see above for details of why the Nursery may need to process your data, of who you may contact if you disagree.
The Nursery will take appropriate technical and organisational steps to ensure the security of personal data about individuals, including policies around use of technology and devices, and access to Nursery systems. All staff and governors will be made aware of this policy and their duties under Data Protection Law and receive relevant training.
The Nursery will update this Privacy Notice from time to time. Any substantial changes that affect your rights will be provided to you directly as far as is reasonably practicable.
QUERIES AND COMPLAINTS
Any comments or queries on this policy should be directed to the Nursery Manager.
If an individual believes that the Nursery has not complied with this policy or acted otherwise than in accordance with Data Protection Law, they should utilise the Nursery complaints / grievance procedure and should also notify the Operations Manager. You can also make a referral to or lodge a complaint with the Information Commissioner’s Office (ICO), although the ICO recommends that steps are taken to resolve the matter with the Nursery before involving the regulator.