TINIES SETTINGS DATA PROTECTION POLICY
As a childcare company, Tinies Daycare is obliged to comply with data protection legislation in the UK, and in particular with the EU General Data Protection Regulation ("GDPR") which has been brought into UK law via the Data Protection Act 2018
This Data Protection Policy ("DPP") sets out Tinies' (and all those who work for Tinies) commitment to protecting personal data safely and securely, and how that commitment is implemented in respect of the collecting, processing, using, storing and sharing of personal data.
DATA PROTECTION LAW
All organisations that process personal data are required to comply with data protection legislation. This includes in particular the Data Protection Act 1998 (or its successor) and the EU General Data Protection Regulation (together the 'Data Protection Laws').
The Data Protection Laws give individuals (known as 'data subjects') certain rights over their personal data whilst imposing certain obligations on the organisations that process their data.
As a business Tinies collects and processes both personal data and sensitive personal data.
This policy sets out how Tinies implements the Data Protection Laws.
In this policy the following terms have the following meanings:
- 'Consent' means any freely given, specific, informed and unambiguous indication of an individual's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of persona data relating to him or her
- 'Data controller' means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data
- 'Data processor' means an individual or organisation which processes personal data on behalf of the data controller
- 'Personal data'* means any information relating to an individual who can be identified, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
- 'Personal data breach' means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data
- 'Processing' means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction
- 'Sensitive personal data'* means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, an individual's sex life or sexual orientation and an individual's criminal convictions, such as DBS/Access NI/PVG information.
* For the purposes of this policy we use the term 'personal data' to include 'sensitive personal data' except where we specifically need to refer to sensitive personal data.
- 'Supervisory authority' means an independent public authority which is responsible for monitoring the application of data protection. In the UK the supervisory authority is the Information Commissioner's Office (ICO).
ICO REGISTRATION AND DATA PROTECTION OFFICER (DPO)
Tinies processes personal data in relation to its own colleagues, work-seekers and individual client contacts and is a data controller for the purposes of the Data Protection Laws. Tinies UK Limited is registered with the Information Commissioner's Office and our registration number is Z4837316.
Tinies has appointed a Data Protection Officer (DPO) who is responsible for ensuring Tinies' compliance with the Data Protection Laws. The DPO's contact details are:
Name: Lindsey Doe
Tel: 020 7384 0322
DATA PROCESSING UNDER THE DATA PROTECTION LAWS
Tinies may hold personal data on individuals for the following purposes:
- Colleagues administration;
- Advertising, marketing and public relations;
- Accounts and records;
- Administration and processing of work-seekers' personal data;
- Administration and processing of individuals' personal data and the personal data of their dependants for the purposes of providing childcare services to them at a Tinies setting
A: The data protection principles
The Data Protection Laws require Tinies acting as either data controller or data processor to process data in accordance with the principles of data protection. These require that personal data is:
- Processed lawfully, fairly and in a transparent manner;
- Collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- Accurate and kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
- Kept for no longer than is necessary for the purposes for which the personal data are processed;
- Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures; and that
- The data controller shall be responsible for, and be able to demonstrate, compliance with the principles.
B: Legal bases for processing
Tinies will only process personal data where it has a legal basis for doing so. For the avoidance of doubt and in summary, Tinies processes data with the consent of the data subject (for the processing of sensitive personal data), where the processing of data is necessary for the performance of a contract between Tinies and the data subject or to take steps to enter into a contract to which they are party, (for instance when an enquiry is submitted via our website) and where it is necessary for the purposes of our legitimate interests (in other circumstances, including where data is provided to us on behalf of a data subject). In very rare cases, we may also be legally obliged to pass on data, for example to Ofsted, DBS, Lado and the NHS for track and trace and test and trace purposes.
Tinies will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date.
Before transferring personal data to any third party, Tinies will establish that it has a legal reason for making the transfer. In the majority of cases, this will be the performance of its contract with the individual or with the consent of the individual.
SECURITY OF DATA
Tinies has implemented measures and procedures that adequately protect the data of individuals and ensures that data protection is integral to all processing activities. This includes the following:
- Penetration tests of our applications and databases where we have looked at the risks of cyber-attack and found solutions to minimise those risks
- A documented Security Specifications program that includes internal audits.
- A data cleanse of our databases in order to delete old/unnecessary data records
- Data minimisation (i.e. not keeping data for longer than is necessary) - Tinies have implemented an automatic data deletion process for all records.
- Tinies has implemented internal procedures and policies for all colleagues (and training for those procedures and policies) to ensure the protection of data from those handling the data within the Tinies organisation.
- Third Parties: Tinies has identified the following as third parties needing to comply with GDPR in the context of our relationship with them:
a) Our website and database developers, Sapnagroup
b) Our nursery database system providers are, iConnect and First Steps.
They have confirmed that they are GDPR compliant.
RIGHTS OF THE INDIVIDUAL
Tinies shall provide any information relating to data processing to an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. Tinies may provide this information orally if requested to do so by the individual.
1. Privacy Notice
Where Tinies collects personal data from the individual, Tinies will refer the individual to a Privacy Notice at the time when it first obtains the personal data. This Tinies Settings Privacy Notice can be found on our website and our registration and enquiry forms include links to it.
Tinies does not collect personal data other than directly from the individual, or the individual's parent or carer where it relates to a child or dependant.
Where Tinies intends to further process the personal data for a purpose other than that for which the data was initially collected, Tinies will seek the consent of the individual before processing that data.
2. Subject access requests
Individuals are entitled to access their personal data on request from Tinies.
3. Right to Rectification
The individual, or another data controller at the individual's request, has the right to ask Tinies to rectify any inaccurate or incomplete personal data concerning an individual.
If Tinies has given the personal data to any third parties it will tell those third parties that it has received a request to rectify the personal data unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold - however Tinies will not be in a position to audit those third parties to ensure that the rectification has occurred.
4. Right of Erasure
The individual - or another data controller at the individual's request - has the right to ask Tinies to erase an individual's personal data.
If Tinies receives a request to erase, it will delete that individual's data completely, save for a record of their name, contact details, and the date they made the right of erasure request, unless there is a valid reason to refuse the request, Tinies is required by law to retain certain of the data for a specific period of time, or if there is a safeguarding issue.
If we do delete an individual's data at their request, and the same individual subsequently applies for a Tinies job, submits an enquiry or contacts Tinies, please note that Tinies may have to obtain the data that was erased again.
If Tinies has given the personal data to any third parties it will tell those third parties that it has received a request to erase the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold - however Tinies will not be in a position to audit those third parties to ensure that the rectification has occurred.
5. Restriction of processing
The individual, or a data controller at the individual's request, has the right to ask Tinies to restrict its processing of an individual's personal data where:
- The individual challenges the accuracy of the personal data;
- The processing is unlawful;
- Tinies no longer needs the personal data for the purposes of the processing, but the personal data is required for the establishment, exercise or defence of legal claims; or
- The individual has objected to processing (on the grounds of a public interest or legitimate interest) pending the verification of whether the legitimate grounds of Tinies override those of the individual.
If Tinies has given the personal data to any third parties it will tell those third parties that it has received a request to restrict the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold - however Tinies will not be in a position to audit those third parties to ensure that the rectification has occurred.
6. Data portability
The individual shall have the right to receive personal data concerning him or her, which he or she has provided to Tinies, in a structured, commonly used and machine-readable format and have the right to transmit that data to another data controller in circumstances where:
- The processing is based on the individual's consent or a contract; and
- The processing is carried out by automated means.
Where feasible, Tinies will send the personal data to a named third party on the individual's request.
7. Object to processing
The individual has the right to object to their personal data being processed based on a public interest or a legitimate interest.
Tinies shall cease processing unless it has compelling legitimate grounds to continue to process the personal data which override the individual's interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
The individual has the right to object to their personal data for direct marketing and is asked to opt in or out during the registration process and can change their mind at any time.
8. Enforcement of rights
All requests regarding individual rights should be sent to the DPO whose details are given at the top of this policy (under "ICO Registration and DPO")
Tinies shall act upon any subject access request, or any request relating to rectification, erasure, restriction or data portability within one month of receipt of the request. Tinies may extend this period for two further months where necessary, taking into account the complexity and the number of requests, and having informed the individual of such an extension (before the end of the 1 month time frame) and the reasons for the delay.
Where Tinies considers that a request under this section is manifestly unfounded or excessive due to the request's repetitive nature Tinies may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.
9. Automated decision making
Tinies does not use profiling or automated decision making in the provision of its work seeking and childcare services.
REPORTING PERSONAL DATA BREACHES
All data breaches should be referred to the DPO (details of which are given at the top of this policy under "ICO Registration and DPO")
1. Personal data breaches where Tinies is the data controller:
Where Tinies establishes that a personal data breach has taken place, Tinies will take steps to contain and recover the breach. Where a personal data breach is likely to result in a risk to the rights and freedoms of any individual Tinies will notify the ICO.
2. Personal data breaches where Tinies is the data processor:
Tinies will alert the relevant data controller as to the personal data breach as soon as they are aware of the breach.
3. Communicating personal data breaches to individuals:
Where Tinies has identified a personal data breach resulting in a high risk to the rights and freedoms of any individual, Tinies shall tell all affected individuals without undue delay.
Tinies will not be required to tell individuals about the personal data breach where:
- Tinies has implemented appropriate technical and organisational protection measures to the personal data affected by the breach, in particular to make the personal data unintelligible to any person who is not authorised to access it, such as encryption.
- Tinies has taken subsequent measures which ensure that the high risk to the rights and freedoms of the individual is no longer likely to materialise.
- It would involve disproportionate effort to tell all affected individuals. Instead, Tinies shall make a public communication or similar measure to tell all affected individuals.
All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with personal data these should be respected at all times:
- Right to respect for private and family life (Article 8).
- Freedom of thought, belief and religion (Article 9).
- Freedom of expression (Article 10).
- Freedom of assembly and association (Article 11).
- Protection from discrimination in respect of rights and freedoms under the HRA (Article 14).
If you have a complaint or suggestion about Tinies's handling of personal data then please contact the DPO whose details appear at the start of this policy (under "ICO Registration and DPO").
Alternatively you can contact the ICO directly on 0303 123 1113 or at the ICO website.