Privacy Policy

Side By Side Nursery

Privacy notice for parents/carers

Under data protection law, individuals have a right to be informed about how the nursery uses any personal data that we hold about them. We comply with this right by providing ‘privacy notices’ to individuals where we are processing their personal data.

This privacy notice explains how we collect, store and use personal data about children and their parents/carers.

We collect personal data about you and your child to provide care and learning that is tailoredto meet your child’s individual needs. We also collect information in order to verify your eligibility for free childcare as applicable.

We, Side By Side Nursery, are the ‘data controller’ for the purposes of data protection law.

The personal data we hold

Personal data that we may collect, use, store and share (when appropriate) about children includes, but is not restricted to:

· Contact details, contact preferences, date of birth, identification documents

· Results of internal assessments for tracking progress.

· Child and curricular records

· Characteristics, such as ethnic background, eligibility for early years pupil premium

· Information on special educational needs and disabilities, including if accessing Disability Living Allowance.

· Details of any medical conditions, including physical and mental health

· Attendance information

· Safeguarding information

· Referrals to other services.

· Details of any support received, including care packages, plans and support providers

· Photographs or videos captured in the setting.

We may also hold data about children that we have received from other organisations, including other nurseries, local authorities and the Department for Education.

Personal data that we may collect, use, store and share (when appropriate) about parents/carers includes, but is not restricted to:

· Contact details and contact preferences

· Family Links

· Parental/Carer details 

· Information about who has parental responsibility for your child and any court orders pertaining to your child.

· National insurance number or unique taxpayer reference (UTR), if you’re self-employed

· We may also collect information regarding benefits and family credits that you are in receipt of.

Why we use this data

We use personal data about you and your child in order to provide childcare services and fulfil the contractual arrangement you have entered into. 

This includes using your data to:

· Contact Parents/Carers to support their child

· Support pupil learning

· Monitor and report on pupil progress

· Provide appropriate pastoral care

· Protect pupil welfare

· Assess the quality of our services

· Administer admissions waiting lists

· Carry out research

· Comply with the law regarding data sharing

· To ensure all children are save within our provision.

· To provide appropriate behavioural and emotional support.

· To meet the requirements of the early years foundation stage (EYFS)

· To make claims for funding

· To manage any special educational, health or medical needs of your child whilst at our setting

 With your consent, we will also record your child’s activities for their individual learning record on the Famly app. This may include photographs and videos. You will have the opportunity to withdraw your consent at any time, for images taken by confirming so in writing.

We have a legal obligation to process safeguarding related data about your child should we have concerns about their welfare. We also have a legal obligation to transfer records and certain information about your child to the school that your child will be attending

Our legal basis for using this data

We only collect and use children’s and parent/carer personal data when the law allows us to. Most commonly, we process it where:

· We need to comply with a legal obligation

· We need it to perform an official task in the public interest

Less commonly, we may also process pupils’ personal data in situations where:

· We have obtained consent to use it in a certain way

· We need to protect the individual’s vital interests (or someone else’s interests)

Where we have obtained consent to use Children’s personal data, this consent can be withdrawn at any time. We will makethis clear when we ask for consent, and explain how consent can be withdrawn.

Some of the reasons listed above for collecting and using children’s personal data overlap, and there may be several grounds which justify our use of this data.

Collecting this information

While the majority of information we collect about pupils is mandatory, there is someinformation that can be provided voluntarily.

Whenever we seek to collect information from you or your child, we make it clearwhether providing it is mandatory or optional. If it is mandatory, we will explain the possible consequences of not complying.

How we store this data

We protect unauthorised access to your personal data and prevent it from being lost, accidentally destroyed, misused, or disclosed by:

All your data is either kept in our software systems FAMLY    or in paper format. Data relating to you and your child will be kept    in the nursery as well our lockable storage unit for up     to three years after your child     leaves Side by Side. Personal     data held within a software system will be securely     protected with logins and a secure password, which will only be given to those who need    to access the data. Data will     also be stored on the nursery external hard drive    which is locked away. All data stored in paper format will be     kept in a safe location where     only those who are authorised to     access it, can. This may include being locked away in a filing cabinet.

Data sharing

We do not share information about children with any third party without consent unless the law and our policies allow us to do so.

Where it is legally required, or necessary (and it complies with data protection law) we may share personal information about pupils with:

· Our local authority – to meet our legal obligations to share certain information with it, such as safeguarding concerns and exclusions

· Other local authorities – to share information if you move out of the area.

· The Department for Education – for statutory data returns

· The pupil’s family and representatives – in order to confirm attendance/registration at school and query or check the accuracy of data

· Educators and examining bodies – to support pupil learning and assessment

· Ofsted - Our regulator 

· Suppliers and service providers – to enable them to provide the service we have contracted them for

· Survey and Research Organisations – Where they have a data sharing agreement with the school

· Our auditors - to assist them discharging their legal duties

· Health authorities - to assist them discharging their legal duties

· Professional advisers and consultants – were they are supporting school improvement

· Police forces, courts, tribunals – to assist them discharging their legal duties

· FAMLY- our setting software provider.

How long do we retain your data?

We retain your child’s personal data for up to 3 years after your child no longer uses our setting, or until our next Ofsted inspection after your child leaves our setting. Medication records and accident records are kept for longer according to legal requirements. Your child’s learning and development records are maintained by us and handedto you when your child leaves.

In some instances (child protection, or other support service referrals) we are obliged to keep your data for longer if it is necessary to comply with legal requirements (see our Children’s and Provider Records policies).

Transferring data internationally

Where we transfer personal data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law.

Parents and pupils’ rights regarding personal data

Parents/carers have a legal right to access their child’s ‘educational record’. Individuals also have a right to make a ‘subject access request’ to gain access to personal information that the school holds about them.

Parents/carers can make a request with respect to their child’s data where the child is not considered mature enough to understand their rights over their own data (usually under the age of 12), or where the child has provided consent.

Parents also have the right to make a subject access request with respect to any personal data the nursery holds about them.

If you make a subject access request, and if we do hold information about you or your child, we will:

· Give you a description of it

· Tell you why we are holding and processing it, and how long we will keep it for

· Explain where we got it from, if not from you or your child

· Tell you who it has been, or will be, shared with

· Let you know whether any automated decision-making is being applied to the data, and any consequences of this

· Give you a copy of the information in an intelligible form

Individuals also have the right for their personal information to be transmitted electronically to another organisation in certain circumstances.

If you would like any information please ask a member of the office team, or email our Data Protection Officer at Lucy@sidebysidenursrey.co.uk

Other rights

Under data protection law, individuals have certain rights regarding how their personal data is used and kept safe, including the right to:

· Object to the use of personal data if it would cause, or is causing, damage or distress

· Prevent it being used to send direct marketing

· Object to decisions being taken by automated means (by a computer or machine, rather than by a person)

· In certain circumstances, have inaccurate personal data corrected, deleted or destroyed, or restrict processing

· Claim compensation for damages caused by a breach of the data protection regulations

· To exercise any of these rights, please contact our Data Protection Officer.

Contact Us

If you have any questions, concerns or would like more information about anything mentioned in this privacy notice, please ask a member of our office team, or email our Data Protection Officer at lucy@sidebysidenursery.co.uk

Complaints

We take any complaints about our collection and use of personal information very seriously.

If you think that our collection or use of personal information is unfair, misleading or inappropriate, or have any other concern about our data processing, please raise this with us in the first instance.

To make a complaint, please contact our Data Protection Officer.

Alternatively, you can make a complaint to the Information Commissioner’s Office:

· Report a concern online at https://ico.org.uk/concerns/

· Call 0303 123 1113

· Or write to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF