Policies

Privacy Notice for Parents and Carers

1. Introduction

Under UK data protection law, individuals have a right to be informed about how our nurseries uses any personal data that we hold about them. We comply with this right by providing ‘privacy notices’ (sometimes called ‘fair processing notices’) to individuals where we are processing their personal data.

This privacy notice explains how we collect, store and use personal data about parents and carers of children at our nurseries.

We, Little Barn Owls Ltd, are the ‘data controller’ for the purposes of UK data protection law.

Our data protection officer is Danni Hayes (see ‘Contact us’ below).

2. The personal data we hold

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

• Parent/carer contact details and contact preferences (such as your name, address, email address and telephone numbers)
• Child’s name, date of birth, age
• Child’s address
• Emergency contact names, addresses and contact number
• Health clinic/health advisor
• Information about immunisations
• Details of your family circumstances
• Who has parental responsibility for the child
• Child and/or parents’ National Insurance number
• Details of any safeguarding information including court orders or professional involvement
• Records of your correspondence and contact with us
• Details of any complaints you have made

We may also collect, use, store and share (when appropriate) information about you that falls into ‘special categories’ of more sensitive personal data. This includes, but is not restricted to:

• Information about any health conditions your child has that we need to be aware of, such as any allergies, medical history, special requirements
• Whether your child has any special educational needs or disabilities
• Photographs and CCTV images captured in nurseries
• Religion
• Ethnic group
• Home language

We may also hold data about you that we have received from other organisations, including other nurseries and social services.

3. Why we use this data

We are required to hold and use this personal data in order to comply with the statutory framework of England, Ofsted, the Department of Education, attending school and the local authority.

We use the data listed above to:

1. Support your child’s development
2. Report to you on your child’s attainment, progress and development
3. Keep you informed about the running of the nurseries (such as emergency closures), events and activities in our nurseries
4. Process payments for nurseries services and clubs
5. Provide appropriate pastoral care
6. Protect children welfare
7. Contact named people in an emergency
8. Share with other professional in accordance with legislation
9. Administer admissions waiting lists
10. Assess the quality of our services and ensure that a contract of service is delivered and maintained
11. Ensure that the nurseries receives the statutory funding for which it is eligible
12. Carry out research
13. Comply with our legal and statutory obligations

3.1 Use of your personal data for marketing purposes

Where you have given us consent to do so, we may send you marketing information by email or Famly app promoting nursery events, campaigns, charitable causes or services that may be of interest to you.

3.2 Use of your personal data in automated decision making and profiling

We do not currently process any parents’ or carers’ personal data through automated decision making or profiling. If this changes in the future, we will amend any relevant privacy notices in order to explain the processing to you, including your right to object to it.

4. Our lawful basis for using this data

Our lawful bases for processing your personal data for the purposes listed in section 3 above are as follows:

• The data subject consents
• Necessary for performance of a contract with data subject or to enter into contract
• Necessary to comply with a legal obligation
• Necessary to protect the vital interests of a data subject or another person
• Necessary for performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
• Necessary for the purposes of legitimate interests

Where you have provided us with consent to use your data, you may withdraw this consent at any time. We will make this clear when requesting your consent, and explain how you would go about withdrawing consent if you wish to do so.

4.1 Our basis for using special category data

For ‘special category’ data, we only collect and use it when we have both a lawful basis, as set out above, and 1 of the following conditions for processing as set out in UK data protection law:

• We have obtained your explicit consent to use your personal data in a certain way
• We need to perform or exercise an obligation or right in relation to employment, social security or social protection law
• We need to protect an individual’s vital interests (i.e. protect your life or someone else’s life), in situations where you’re physically or legally incapable of giving consent
• The data concerned has already been made manifestly public by you
• We need to process it for the establishment, exercise or defence of legal claims
• We need to process it for reasons of substantial public interest as defined in legislation
• We need to process it for health or social care purposes, and the processing is done by, or under the direction of, a health or social work professional or by any other person obliged to confidentiality under law
• We need to process it for public health reasons, and the processing is done by, or under the direction of, a health professional or by any other person obliged to confidentiality under law
• We need to process it for archiving purposes, scientific or historical research purposes, or for statistical purposes, and the processing is in the public interest

For criminal offence data, we will only collect and use it when we have both a lawful basis, as set out above, and a condition for processing as set out in UK data protection law. Conditions include:

• We have obtained your consent to use it in a specific way
• We need to protect an individual’s vital interests (i.e. protect your life or someone else’s life), in situations where you’re physically or legally incapable of giving consent
• The data concerned has already been made manifestly public by you
• We need to process it for, or in connection with, legal proceedings, to obtain legal advice, or for the establishment, exercise or defence of legal rights
• We need to process it for reasons of substantial public interest as defined in legislation

5. Collecting this data

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

Whenever we seek to collect information from you, we make it clear whether you must provide this information (and if so, what the possible consequences are of not complying), or whether you have a choice.

Most of the data we hold about you will come from you, but we may also hold data about you from:

• Local authorities
• Government departments or agencies
• Health visitors or other medical professionals
• Your children
• Police forces, courts or tribunals

6. How we store this data

We keep personal information about you while your child is attending our nurseries. We may also keep it beyond their attendance at our nurseries if this is necessary. Our Data retention policy sets out how long we keep information about parents/carers and children in line with relevant legislation.

We have put in place appropriate security measures to prevent your personal information being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

We will dispose of your personal data securely when we no longer need it or legally required to retain it.

7. Who we share data with

We do not share information about you 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 UK data protection law), we may share personal information about you with:

• Our local authority, – to meet our legal obligations to share certain information with it, such as safeguarding concerns, funding, Free Childcare and Early Education Entitlement headcount and annual Early Years Census (England)
• The local safeguarding children’s board of Social Services Referral and Assessment Team if we ever have any concerns about the safety of your child
• Government departments or agencies or other professionals supporting your child, for example health visitor, pre-school, nursery, school, other health or education professionals
• Our regulator, Ofsted
• Suppliers and service providers such as Famly
• Financial organisations
• Our auditors
• Survey and research organisations
• Health authorities
• Security organisations
• Health and social welfare organisations
• Professional advisers and consultants
• Charities and voluntary organisations
• Police forces, courts, tribunals

7.1 Transferring data internationally

We may share personal information about you with the following international third parties (where appropriate and necessary), where different data protection legislation applies:

• Other nurseries or educational establishments if you transfer aboard and we are required to share developmental data with your child’s new nursery or educational establishment
• App or cloud server providers (where the country for origin is not the UK)
• Famly app (where the country of origin is not the UK)

Where we transfer your personal data to a third-party country or territory, we will do so in accordance with UK data protection law.

8. Your rights

8.1 How to access personal information that we hold about you

You have a right to make a ‘subject access request’ to gain access to personal information that we hold about you.

If you make a subject access request, and if we do hold information about you, we will (subject to any exemptions that may apply):

• 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
• Tell you who it has been, or will be, shared with
• Give you a copy of the information in an intelligible form

You may also have the right for your personal information to be transmitted electronically to another organisation in certain circumstances.

If you would like to make a request, please contact us (see ‘Contact us’ below).

8.2 Your other rights regarding your data

Under data protection law, you have certain rights regarding how your personal data is used and kept safe. For example, you have the right to:

• Object to our use of your personal data
• Prevent your data being used to send direct marketing
• In certain circumstances, have inaccurate personal data corrected
• In certain circumstances, have the personal data we hold about you deleted or destroyed, or restrict its processing
• Withdraw your consent, where you previously provided it for the collection, processing and transfer of your personal data for a specific purpose
• In certain circumstances, be notified of a data breach
• Make a complaint to the Information Commissioner’s Office

To exercise any of these rights, please contact us (see ‘Contact us’ below).

9. 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 (contact details below).

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

• Report a concern online at https://ico.org.uk/make-a-complaint/
• Call 0303 123 1113
• Or write to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

10. Contact us

If you have any questions or concerns, or would like more information about anything mentioned in this privacy notice, please contact our data protection officer:

• Danielle Hayes danni@littlebarnowls.co.uk 07598400 091

However, our Nursey Managers are the data protection lead and have day-to-day responsibility for data protection issues in our individual nurseries.

If you have any questions or concerns, or would like more information about anything mentioned in this privacy notice, please contact them directly:

• Woodlands info@littlebarnowls.co.uk 01403 254413
• Southwater  southwater@littlebarnowls.co.uk 01403 731690
• The Orchard theorchard@littlebarnowls.co.uk 01403 916501
• Brookfield brookfield@littlebarnowls.co.uk 01293 535300