Privacy Policy

The new legislation GDPR as of May 2018 will replace current data privacy law, giving more rights to you as an individual and more obligations to organisations holding your personal data. One of the rights is a right to be informed, which means we have to give you even more information than we do now about the way in which we use, share and store your personal information.

Data protection officer here: Romina Whitelock (Nursery Manager)

Introduction

We are committed to ensuring that any personal data we hold about you and your child is protected in accordance with data protection laws and is used in line with your expectations.

This privacy notice explains what personal data we collect, why we collect it, how we use it and how we protect it.

What personal data do we collect?

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

Personal details that we collect about your child include:

• your child’s name, date of birth, address, health and medical needs, development needs, and any special educational needs [add further details as necessary]

Where applicable we will obtain child protection plans from social care and health care plans from health professionals.

We will also ask for information about who has parental responsibility for your child and any court orders pertaining to your child.

Personal details that we collect about you include:

• your name, home and work address, phone numbers, two other emergency contact details, and family details [add further details as necessary]

This information will be collected from you directly in the registration form.

If you apply for up to 30 hours free childcare, we will also collect:

• your 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 collect this information and the legal basis for handling your 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 you in case of an emergency
• to support your child’s well-being and development
• to manage any special educational, health or medical needs of your child whilst at [my/our] setting
• to carry out regular assessment of your child’s progress and to identify any areas of concern
• to maintain contact with you about your child’s progress and respond to any questions you may have
• to process your claim for up to 30 hours free childcare (only where applicable)
• to keep you updated with information about [my/our] service

With your consent, we will also record your child’s activities for their individual learning record. 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 (see Transfer of Records policy).

Who we share your data with

In order for us to deliver childcare services we will also share your data as required with the following categories of recipients:

• Ofsted – during an inspection or following a complaint about [my/our] service
• banking services to process chip and pin and/or direct debit payments (as applicable)
• the Local Authority (where you claim up to 30 hours free childcare as applicable)
• the government’s eligibility checker (as above)
• our insurance underwriter (if applicable)
• our setting software management provider (if applicable)
• the school/setting that your child will be transferring

We will also share your data if:

• We are legally required to do so, for example, by law, by a court or the Charity Commission
• to enforce or apply the terms and conditions of your contract with us
• to protect your child and other children; for example, by sharing information with social care or the police
• it is necessary to protect our and other’s rights, property or safety
• We transfer the management of the setting, in which case we may disclose your personal data to the prospective buyer so they may continue the service in the same way.

We will never share your data with any other organisation to use for their own purposes.

How do we protect your 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 (INSTANT NURSERY MANAGER) or in paper format. Data relating to you and your child will be kept in the nursery your child attends as well our lockable storage unit for up to three years after your child leaves Smartys. 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.

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 handed to 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).

Automated decision-making

We do not make any decisions about your child based soley on automated decision-making. Or explain details if this is the case.

Your rights with respect to your data

You have the right to:

• request access, amend or correct your/your child’s personal data
• request that we delete or stop processing your child’s personal data, for example where the data is no longer necessary for the purposes of processing; and
• request that we transfer your, and your child’s personal data to another person

If you wish to exercise any of these rights at any time or if you have any questions, comments or concerns about this privacy notice, or how we handle your data please contact us. If you continue to have concerns about the way your data is handled and remain dissatisfied after raising your concern with us, you have the right to complain to the Information Commissioner Office (ICO). The ICO can be contacted at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or ico.org.uk

Changes to this notice

we keep this notice under regular review. You will be notified of any changes where appropriate.