Welcome to the West Park Day Nursery Limited privacy notice.
West Park Day Nursery Limited respects your privacy and is committed to protecting you or your child’s personal data. This privacy notice will inform you as to how we look after you or your child’s personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
IMPORTANT INFORMATION AND WHO WE ARE
THE DATA WE COLLECT ABOUT YOU
HOW IS YOU OR YOUR CHILD’S PERSONAL DATA COLLECTED
HOW WE USE YOU OR YOUR CHILD’S PERSONAL DATA
DISCLOSURES OF YOU OR YOUR CHILD’S PERSONAL DATA
YOUR LEGAL RIGHTS
Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how West Park Day Nursery Limited collects and processes you or your child’s personal data through your use of this website, including any data you may provide through this website.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
West Park Day Nursery Limited is the controller and responsible for you or your child’s personal data (collectively referred to as “COMPANY”, “we”, “us” or “our” in this privacy notice).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Christa Dobson using the details set out below.
Our full details are: Karen Dixon
Full name of legal entity: West Park Day Nursery Limited
Email address: firstname.lastname@example.org
Postal address: 27 Woodland Rd, Darlington DL3 7BJ
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if you or your child’s personal data changes during your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
The data we collect about you and your child
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).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from you or your child’s personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with you or your child’s personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
How is personal data collected?
We use different methods to collect data from and about you and your chold including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
apply for our products or services;
create an account on our website;
subscribe to our service or publications;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from analytics providers such as Google based outside the EU;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services
How we use you or your child’s personal data
We will only use you or your child’s personal data when the law allows us to. Most commonly, we will use you or your child’s personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you.
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.
Where we need to comply with a legal or regulatory obligation.
Click [here] to find out more about the types of lawful basis that we will rely on to process you or your child’s personal data.
Generally we do not rely on consent as a legal basis for processing you or your child’s personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use you or your child’s personal data
We have set out below, in a table format, a description of all the ways we plan to use you or your child’s personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process you or your child’s personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process you or your child’s personal data where more than one ground has been set out in the table below.
Type of Data
Lawful Basis for processing (including basis of legitimate interest)
To register a prospective client/parent/child (including the personal data of /employees, workers or agents of client
(b) Contact Details
Performance of a contract with a customer
To register the details of a prospective supplier (including the personal data of /employees, workers or agents of client)
Performance of a contract with a supplier
To process and deliver a customer contract including:
(a) the personal data of /employees, workers or agents of the customer
(b) Manage payments, fees and charges
(c) Collect and recover money owed to us
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To process a supplier contract including:
(a) the personal data of /employees, workers or agents of the supplier
(b) Manage payments, fees and charges
a) Performance of a contract with the supplier
(b) Necessary to comply with a legal obligation
(d) Marketing and Communications
a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
(c) Financial (bank account for payment of salary
(d) DBS Checks
(f) Disciplinary Details
(g) Attendance and Timekeeping Records)
(a) Necessary to comply with a legal obligation – including the provision of statutory contracts and compliance with employment law legislation.
(b) Necessary for our legitimate business interests – to monitor the performance of employees and manage the company workload from day to day,
INFORMATION WE COLLECT ABOUT CHILDREN
We collect data about Children:
· to support children’s learning
· to monitor and report on their progress
· to provide appropriate pastoral care
· to assess the quality of our services
· to comply with the law regarding data sharing
· to comply with the requirements of the EYFS and Ofsted
· to ensure children are eligible for funding
· to process nursery fees
· to ensure children’s health, safety and wellbeing
(a) Identity – Personal information (such as name, date of birth and address)
(b) Characteristics (such as ethnicity, language, nationality, country of birth and funding eligibility) for children
(c) Attendance information (such as sessions attended, number of absences and absence reasons) for children
(d) Relevant Medical information for children
(e) Special Educational Needs information for children
(f) Assessment information for children
(g) Bank details for adults
(h) Proof of identity for adults
(i) Birth certificates for funding for children
(j) Details of any accidents / incidents / existing injuries
(k) Relevant documentation for child protection and safeguarding concerns
(l) Funding information and details
(m) Emergency Contract Details
(n) Photos and Photographic ID
(a) Necessary to comply with a legal obligation – we collect and use pupil information under the Statutory Framework for the Early Years Foundation Stage (given legal force by the Childcare Act 2006), The Limitation Act 1980.
(b) Performance of a contract – by completing and signing the nursery registration form you are giving consent for us to process yours and your child’s personal data for the specific purposes of being part of the nursery setting. The processing of the information you have provided about yourself and your child is necessary for the contract you have completed in the registration form.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased [goods or services] from us [or if you provided us with your details when you entered a competition or registered for a promotion] and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share you or your child’s personal data with any company outside West Park Day Nursery Limited for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of [a product/service purchase, warranty registration, product/service experience or other transactions].
Change of purpose
We will only use you or your child’s personal data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use you or your child’s personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process you or your child’s personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
TC “5. Disclosures of your personal data” \l 1Disclosures of your personal data
We may have to share you or your child’s personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
We require all third parties to respect the security of you or your child’s personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use you or your child’s personal data for their own purposes and only permit them to process you or your child’s personal data for specified purposes and in accordance with our instructions.
We routinely share pupil information with:
Department for Education (DfE)
Schools that the children attend after leaving us
Our local authority
Inclusion teams, SEN panels, funding etc
Local Children’s safeguarding boards / LADO
Other providers that children attend
Multi agency professionals working with individual children
Why we share pupil information
We do not share information about children with anyone without consent unless the law unless we are obliged to as part of a lawful process/investigation.
Decisions on whether DfE releases this personal data to third parties are subject to a robus approval process and are based on a detailed assessment of who is requesting the data, the purpose for which it is required, the level and sensitivity of the data requested and the arrangements in place to store and handle the data. To be granted access to pupil level data, requestors must comply with strict terms and conditions covering the confidentiality and handling of data, security arrangements and retention and use of the data. For more on information on how this sharing process works, please visit http://www.gov.uk/guidance/national-pupildatabase-apply-for-a-data-extract . For information on which third party organisations (and for which project) pupil level data has been provided to, please visit https://www.gov.uk/government/publications/national-pupil database-requests-received . If you require more information about how we and/or the DfE use this information please visit DfE’s website https://www.gov.uk/data-protection-how-we-collect-and-share-researchdata
TC “6. International transfers” \l 1International transfers
We do not transfer you or your child’s personal data outside the European Economic Area (EEA).
TC “7. Data security” \l 1Data security
We have put in place appropriate security measures to prevent you or your child’s personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to you or your child’s personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process you or your child’s personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
TC “8. Data retention” \l 1Data retention
How long will you use my personal data for?
We will only retain you or your child’s personal data 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.
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 you or your child’s personal data, the purposes for which we process you or your child’s personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of you or your child’s personal data are available in our retention policy which you can request from us by contacting us.
In some circumstances you can ask us to delete your data: see [Request erasure] below for further information.
In some circumstances we may anonymise you or your child’s personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Storing children’s data
We hold children’s data such as their registration details, accidents and medication forms etc. until each child has reached the age of 21. Learning and assessment for the children is stored for up to three months after the child has left the setting, then removed from electronic storage.
TC “9. Your legal rights” \l 1Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to you or your child’s personal data. Please click on the links below to find out more about these rights:
[Request access to you or your child’s personal data].
[Request correction of you or your child’s personal data].
[Request erasure of you or your child’s personal data].
[Object to processing of you or your child’s personal data].
[Request restriction of processing you or your child’s personal data].
[Request transfer of you or your child’s personal data].
[Right to withdraw consent].
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access you or your child’s personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
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 you or your child’s personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
TC “10. Glossary” \l 1Glossary
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process you or your child’s personal data for our legitimate interests. We do not use you or your child’s personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing you or your child’s personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
External Third Parties
Service providers acting as processors based who provide IT and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to you or your child’s personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of you or your child’s personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove you or your child’s personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase you or your child’s personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of you or your child’s personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing you or your child’s personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of you or your child’s personal data. This enables you to ask us to suspend the processing of you or your child’s personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.