Achievers Day Nursery is committed to protecting the privacy and security of personal information. This privacy notice describes how Achievers Day Nursery collects and uses personal information about children attending the Nursery and the parents/carers of the children in accordance with the General Data Protection Regulation (GDPR).
Achievers Day Nursery is a 'data controller'. This means that we are responsible for deciding how we hold and use personal information. We are required under data protection legislation to notify parents/carers of the information contained in this privacy statement.
This statement applies to both children and parents/carers. This statement 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 an updated copy as soon as reasonably practical.
It is important that parents/carers read and retain this statement, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information.
Data Protection Principles
We will comply with data protection law which says that personal information held must be:
- Used lawfully, fairly and in a transparent way
- Collected only for the intended purpose
- Relevant to the purposes we have informed you of, and limited to this
- Accurate and kept up to date
- Kept only as long as necessary
- 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 categories' of more sensitive personal data which require a higher level of protection, such as information about a person's health.
Children & Parents/Carers:
We will collect, store, and use the following categories of personal information about children and parents/carers:
- Date of birth
- Home address and contact details
- Dietary requirements
- Medical information
- Attendance information
- Photographs and video clips (in accordance with parental consent)
- Emergency contact should parent/carers be unavailable and the emergency contact's contact details
- Records relating to individual children e.g. care plans, additional needs referrals
- 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 categories' of more sensitive personal information:
- Information about a child's race or ethnicity, spoken language and nationality
- Information about a child's health, including any medical condition, health and sickness records
- Information about a child's accident or incident and accident at home forms
- Information about a child's child protection referral forms / child protection case details / reports
- Conversations with parents/carers 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?
Children and Parents/Carers:
We collect personal information about children and parents/carers from when the initial enquiry is made by the parent/carer, through the enrolment process and until the children stop using the Nursery's services.
How we will use information about parents/carers and children
We will only use personal information when the law allows us to. Most commonly, we will use personal information in the following circumstances:
- Where we need to comply with a legal obligation.
- 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 personal information in the following situations, which are likely to be rare:
- Where we need to protect the interests of children/parents/carers (or someone else's interests).
- Where it is needed in the public interest or for official purposes.
Situations in which the Nursery will use personal information of Parents and Children
We need all of the categories of information in the list above primarily to allow us to perform our legal and regulatory obligations. The situations in which we will process personal information of children are listed below.
- Upon consent from parents/carers, personal data of children maybe 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/carers 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/carers 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
- To ensure nursery fees are paid
- To report on a child's attendance
- To be able to contact a parent/carer or a child's emergency contact about their child
- To provide progress records to other settings, where a child attends another setting
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 you, 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 a child's or a Parent/carer'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:
- In limited circumstances, with your explicit written consent.
- Where we need to carry out our legal obligations.
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 a Child or a Parents/carers interests (or someone else's interests) and the child or parent/carer as is appropriate is not capable of giving consent, or the parent/carer has already made the information public.
We may have to share Child or Parent/Carer 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 Child or Parent/Carer 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, SEN specialists, health visitors and other entities. The following third-party service providers process personal information about you for the following purposes:
- Local Authorities - for funding and monitoring reasons
- Regulatory bodies - for ensuring compliance and the safety and welfare of the children
- Schools - to provide a successful transition
- Support services - such as IT support providers, auditors, and insurers
- SEN Support services - such as Speech and Language specialists
- Health visitors - to share information in respect of development progress
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.
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 from the Nursery Manager at firstname.lastname@example.org. 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.
Rights of Access, Correction, Erasure & 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/carers 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/carers, 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.
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 Nursery 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 statement
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.