In accordance with the General Data Protection Regulation (GDPR), we have implemented this privacy notice to inform you, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.
DATA PROTECTION PRINCIPLES
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
processing is fair, lawful and transparent
data is collected for specific, explicit, and legitimate purposes
data collected is adequate, relevant and limited to what is necessary for the purposes of processing
data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
data is not kept for longer than is necessary for its given purpose
data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
we comply with the relevant GDPR procedures for international transferring of personal data
TYPES OF DATA HELD
We keep several categories of personal data on you in order to carry out effective and efficient processes. We keep this data locked and secure and we also hold the data within our computer systems which relates directly to the childcare we provide for you.
Specifically, we hold the following types of data:
personal details such as name, address, phone numbers, birth certificates;
name and contact details of your next of kin/emergency contacts;
information about your place of work, your national insurance number;
your marital status, your child’s gender, information of any disability or other medical information about your child/children;
information about your child’s allergies, doctor and health visitor;
information on your family and child’s race and religion for equality monitoring and well-being purposes;
information on previous safeguarding intervention or support;
your consents in relation to your child/children.
COLLECTING YOUR DATA
You provide several pieces of data to us directly during the enrolment process when completing and signing the contract between yourself and Bambinos.
We require this information to provide you and your child/children with the best childcare service. In particular;
To effectively meet the needs of the child whilst he or she is in the care of the nursery. This includes ensuring the child's well-being is supported and is effectively safeguarded.
To ensure the health and safety of the children in the event of a fire or emergency.
To process the free early years funding in accordance with local authority guidelines.
To confirm the name of child, date of birth of child for funding purposes and to confirm who has legal parental responsibility for the child.
To record, monitor, assess and support each child individually.
To work collaboratively with parents for the benefit of their child and work collaboratively with other settings for the benefit of the child and family.
To meet the needs of the child and protect them accordingly in line with safeguarding procedures.
To monitor the well-being of the child and meet all statutory safeguarding regulations.
To ensure that any intervention required can be put in place in a timely manner.
LAWFUL BASIS FOR PROCESSING
The law on data protection allows us to process your data for certain reasons only.
The information below categorises the types of data processing we undertake and the lawful basis we rely on.
Activity requiring your/your child/children’s data
To carry out checks to confirm parental responsibility
To carry out checks in relation to free early years education sessions
To monitor and make decisions about accidents/incidents, health and safety and safeguarding requirements
To record, monitor and assess each child to further their learning and development
To liaise and collaborate with other professionals involved with the child/family
To document and illustrate a child’s learning and share this with parents and other professionals involved with the child
To communicate effectively with parents, emergency contacts and other professionals via usual methods to meet the needs of the child
SPECIAL CATEGORIES OF DATA
Special categories of data are data relating to your or your child’s:
We carry out processing activities using special category data:
for the purposes of equal opportunities monitoring
to determine reasonable adjustments
to ensure the needs of the children are met
Most commonly, we will process special categories of data when the following applies:
you have given explicit consent to the processing
we must process the data in order to carry out our legal obligations
we must process data for reasons of substantial public interest
you have already made the data public.
FAILURE TO PROVIDE DATA
Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract of service with you. This could include being unable to offer you a childcare service.
WHO WE SHARE YOUR DATA WITH
Employees within our company who have responsibility for delivering childcare will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processing in line with GDPR.
Data is shared with third parties for the processing of the free early years sessions and may be shared if we are legally obliged to do so, for example in relation to safeguarding.
We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
We do not share your data with bodies outside of the European Economic Area.
PROTECTING YOUR DATA
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.
We only keep your data for as long as we need it for. It is recommended that children's records including registers, medication books and accident books are retained until the child reaches the age of 21 years or 24 for child protection records. The legal basis for this is the Limitation Act 1980, The Statute of Limitations (Amendment) Act 1991. Normal limitation rules (which mean that an individual can claim for negligently caused personal injury up to 3 years after, or deliberately caused personal injury up to 6 years after the event) are postponed until a child reaches 18 years old.
AUTOMATED DECISION MAKING
Automated decision making means making decision about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you or your child/children solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.
You have the following rights in relation to the personal data we hold on you and your child/children:
the right to be informed about the data we hold on you and what we do with it;
the right of access to the data we hold on you or your child/children, unless this is legally prevented for example, due to safeguarding reasons;
the right for any inaccuracies in the data we hold on you or your child/children, however they come to light, to be corrected. This is also known as ‘rectification’;
the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
the right to restrict the processing of the data dependent on legal basis;
the right to transfer the data we hold on you or your child/children to another party. This is also known as ‘portability’;
the right to object to the inclusion of any information dependent on the legal basis;
the right to regulate any automated decision-making and profiling of personal data.
In addition to the above rights, you also have the unrestricted right to withdraw consent, that you have previously provided, to our processing of your data at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so and where it is necessary to provide a childcare service.
If you wish to exercise any of the rights explained above, please contact the nursery manager in the first instance.
MAKING A COMPLAINT
If you think your data rights have been breached, you are able to raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.
DATA PROTECTION COMPLIANCE
Our appointed compliance officer in respect of our data protection activities is: