GDPR PRIVACY NOTICE
WHAT IS THE PURPOSE OF THIS DOCUMENT?
The Wendy House (Hornchurch) Ltd is a company incorporated and registered in England and Wales (company number 4363944 with its registered office address at Unit 5 Woodbrook Crescent Billericay Essex CM12 0EQ, trading as The Wendy House Day Nursery (“the 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 (“Child” or “Children”) and the parents of the Children (“Parents”) (known collectively as “You” or “Your”), in accordance with the General Data Protection Regulation (GDPR).
The Wendy House (Hornchurch) Ltd, is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about You. We are required under data protection legislation to notify You of the information contained in this privacy notice.
This notice applies to Employees, Children and Parents. This notice does not form part of any contract of employment or another 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:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to You and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told You about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as necessary for the purposes we have told You about.
- 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 or sexual orientation.
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.
- 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 Employee’s 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 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, including:
- 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.
We will collect, store, and use the following categories of personal information about Children:
- 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 for general display purposes
- Emergency contact should Parents be unavailable and the emergency contact’s contact details
- Record book for each Child containing the work of the Child whilst at the Nursery, observations about the Child’s development whilst at the Nursery from Employees of the Nursery, specific examples of the Child’s progress, photographs demonstrating the Child’s 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 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 reports including reports of pre-existing injuries.
- Information about a Child’s incident forms / child protection referral forms / child protection case details / reports.
We will collect, store, and use the following categories of personal information about Parents:
- Home address
- Telephone numbers, and personal email addresses.
- National Insurance number.
- Bank account details.
We may also collect, store, and use the following “special categories” of more sensitive personal information:
- Information about a Parent’s 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 government’s Prevent strategy.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
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 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.
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:
- Where we need to perform the contract, we have entered with You.
- 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 Your personal information in the following situations, which are likely to be rare:
- Where we need to protect Your interests (or someone else’s interests).
- Where it is needed in the public interest or for official purposes.
Situations in which we will use Employee personal information
The situations in which we will process Employee personal information are listed below.
- Deciding 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.
- Consulting 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 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 grievance or disciplinary hearings.
- Making decisions about an Employee’s continued employment, engagement.
- Planning 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
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 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:
- In limited circumstances, with Employee or Parent explicit written consent.
- Where we need to carry out our legal obligations or exercise rights in connection with Employee employment.
- 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 lamily related
- 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 else’s 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 permitted 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 takes place when an electronic system uses personal information to make a decision without human intervention. We are permitted to use automated decision-making in the following circumstances:
- 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.
- 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.
- 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 based on 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.
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 and schools. 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
In respect to Employees, will share personal data regarding your participation in any pension arrangement.
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, as 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.
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 various 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 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 The Manager.
Data Protection and Confidentiality
We recognise that we hold sensitive/confidential information about children and their families and the staff we employ. This information is used to meet children’s needs, for registers, invoices, and emergency contacts. We store all records in a locked cabinet or on the office computer with files that are password protected in line with data protection principles. Any information shared with the staff team is done on a ‘need to know’ basis and treated in confidence. This policy will work alongside the Privacy Notice to ensure compliance with the Data Protection Act 2018
- We follow the legal requirements set out in the Statutory Framework for the Early Years Foundation Stage (EYFS) 2017 and accompanying regulations about the information we must hold about registered children and their families and the staff working at the nursery
- We follow the requirements of the Data Protection Act 2018 and the Freedom of Information Act 2000 with regard to the storage of data and access to it, as stated in the Privacy Notice as above.
It is our intention to respect the privacy of children and their families, and we do so by:
- Storing confidential records in a locked filing cabinet or on the office computer with files that are password protected
- Ensuring staff, student and volunteer inductions include an awareness of the importance of confidentiality and that information about the child and family is not shared outside of the nursery other than with relevant professionals who need to know that information. It is not shared with friends and family, discussions on the bus or at the local bar. If staff breach any confidentiality provisions, this may result in disciplinary action and, in serious cases, dismissal. Students on placement in the nursery are advised of our confidentiality policy and required to respect it
- Ensuring that all staff, volunteers, and students are aware that this information is confidential and only for use within the nursery and to support the child’s best interests with parental permission
- Ensuring that parents have access to files and records of their own children but not to those of any other child, other than where relevant professionals such as the police or local authority children’s social care team decide this is not in the child’s best interest
- Ensuring all staff are aware that this information is confidential and only for use within the nursery setting.
If any of this information is requested for whatever reason, the parent’s permission will always be sought other than in the circumstances above
- Ensuring staff do not discuss personal information given by parents with other members of staff, except where it affects planning for the child’s needs
- Ensuring staff, students and volunteers are aware of and follow our social networking policy in relation to confidentiality
- Ensuring issues concerning the employment of staff remain confidential to the people directly involved with making personnel decisions
- Ensuring any concerns/evidence relating to a child’s personal safety are kept in a secure, confidential file and are shared with as few people as possible on a ‘need-to-know’ basis. If, however, a child is considered at risk, our safeguarding/child protection policy will override confidentiality.
All the undertakings above are subject to the paramount commitment of the nursery, which is to the safety and well-being of the child.
Data Protection Act 2018
In order to meet our requirements under the Data Protection Act 2018, we will also undertake the following:
- We will ensure our terms & conditions, privacy and consent notices are easily accessed/made available in accurate and easy to understand language
- We will use your data only for reasons permitted by the Act referred to above and only contact you for permission when required to do so . We will not share or use your data for other purposes.
- Everyone in our nursery understands that people have the right to access their records or have their records amended or deleted (subject to other laws and regulations).
Staff and volunteer information
- All information and records relating to staff will be kept confidentially in a locked cabinet
- Individual staff may request to see their own personal file at any time.
Access and Storage of Information
At The Wendy House Day Nursery, we have an open access policy in relation to accessing information about the nursery and parents’ own children. This policy is subject to the laws relating to data protection and document retention as set out above.
Parents are welcome to view the policies and procedures of the nursery which govern the way in which the nursery operates.
These may be viewed at any time when the nursery is open, on the Policies Notice Board or by simply by asking the nursery manager. The nursery manager or any other relevant staff member will also explain any policies and procedures to parents.
Parents are also invited to see and contribute to all the records that are kept on their child. However, we must adhere to data protection laws and, where relevant, any guidance from the relevant agencies for child protection.
As we hold personal information about staff and families, we are registered under data protection law with the Information Commissioner’s Office. A copy of the certificate of Registration with the Information Commissioner’s Office can be viewed on the Notice Board inside the front door. All parent, child and staff information are stored securely according to the requirements of data protection registration, including details, permissions, certificates, and photographic images. We will ensure that staff understand the need to protect the privacy of the children in their care as well as the legal requirements that exist to ensure that information relating to the child is processed in a way that ensures confidentiality.
The nursery’s records and documentation that are required to be kept and stored by current legislation are performed in accordance with minimum legal archiving requirements. We currently archive these records for at least 24 years to ensure we are covered for any child protection concerns.
Nursery records and documentation that are not required to be kept are deleted or destroyed in line with the current data protection laws and our Privacy Notice a copy of which has been provided to each parent and is available for inspection on the Policies Notice Board referred to above.
If Parents have a specific deletion or retention request regarding any data that we hold, please raise a query in writing and we will respond formally to your request.
This policy will be reviewed annually and amended according to any change in law/legislation or in the case that procedures for retaining the information is changed.
The Wendy House (Hornchurch) Ltd.
76 Station Lane,
Hornchurch, Essex RM12 6NA
Telephone 01708 437250