This Privacy Notice is intended to provide information about how Art History Link-Up (“AHLU”) will use or process personal data about individuals including: its staff and volunteers; current, past and prospective students and their parents, carers or guardians (referred to in this Privacy Notice as “parents”).
This information is provided because Data Protection Law gives individuals rights to understand how their data is used. Staff, volunteers, parents and students are all encouraged to read this Privacy Notice and understand AHLU’s obligations to its entire community.
This Privacy Notice applies alongside any other information AHLU may provide about a particular use of personal data, for example when collecting data via an online or paper form.
This Privacy Notice also applies in addition to AHLU’s other relevant terms and conditions and policies, including any contract between AHLU and its staff; and AHLU’s safeguarding, pastoral, or health and safety policies, including as to how concerns or incidents are recorded. Anyone who works for, or acts on behalf of, AHLU (including staff, volunteers, Trustees and service providers) should also be aware of and comply with this Privacy Notice.
2. RESPONSIBILITY FOR DATA PROTECTION
Any requests and enquiries concerning AHLU’s uses of your personal data (see section on Your Rights below) should be sent to the Chair of the Board at [email protected].
3. WHY AHLU NEEDS TO PROCESS PERSONAL DATA
In order to carry out its ordinary duties, AHLU needs to process a wide range of personal data about individuals (including staff, volunteers, and current, past and prospective students) as part of its daily operation.
Some of this activity AHLU will need to carry out in order to fulfil its legal rights, duties or obligations – including those under a contract with its staff, or parents of its students.
Other uses of personal data will be made in accordance with AHLU’s legitimate interests, or the legitimate interests of another, provided that these are not outweighed by the impact on individuals, and provided it does not involve special or sensitive types of data.
AHLU expects that the following uses will fall within that category of its (or its community’s) “legitimate interests”:
- For the purposes of student selection (and to confirm the identity of prospective students and their parents);
- To provide education services, and monitoring students’ progress and educational needs;
- Maintaining relationships with alumni, including direct marketing or fundraising activity;
- For the purposes of donor due diligence, and to confirm the identity of prospective donors and their background and relevant interests;
- For the purposes of management planning and forecasting, research and statistical analysis, including that imposed or provided for by law (such as tax, diversity or gender pay gap analysis);
- To enable relevant authorities to monitor AHLU’s performance and to intervene or assist with incidents as appropriate;
- To give and receive information and references about past, current and prospective students, including to provide references to potential employers of past students;
- To enable students to take part in national or other assessments, and to publish the results of public examinations or other achievements of AHLU students;
- To safeguard students’ welfare and provide appropriate pastoral care;
- To make use of photographic images of AHLU students in marketing and communications including AHLU publications, on the AHLU website and (where appropriate) via social media channels in accordance with AHLU’s policy on taking, storing and using images of children;
- To carry out or cooperate with any external complaints, disciplinary or investigation process; and
- Where otherwise reasonably necessary for AHLU’s purposes, including to obtain appropriate professional advice and insurance.
In addition, AHLU will, on occasion, need to process special category personal data (concerning health, ethnicity, religion, biometrics or sexual life) or criminal records information (such as when carrying out DBS checks) in accordance with rights or duties imposed on it by law, including as regards safeguarding and employment, or from time to time by explicit consent where required. These reasons will include:
- To safeguard students’ welfare and provide appropriate pastoral (and where necessary, medical) care, and to take appropriate action in the event of an emergency, incident or accident, including by disclosing details of an individual’s medical condition or other relevant information where it is in the individual’s interests to do so: for example for medical advice, for social protection, safeguarding, and cooperation with police or social services, for insurance purposes or to caterers or organisers of trips who need to be made aware of dietary or medical needs;
- To provide educational services in the context of any special educational needs of a student;
- In connection with engagement of its staff or volunteers, for example DBS checks, welfare, union membership or pension plans;
- As part of any external complaints, disciplinary or investigation process that involves such data, for example if there are SEN, health or safeguarding elements; or
- For legal and regulatory purposes (for example child protection, diversity monitoring and health and safety) and to comply with its legal obligations and duties of care.
4. TYPES OF PERSONAL DATA PROCESSED BY ART HISTORY LINK-UP
This will include by way of example:
- names, addresses, telephone numbers, e-mail addresses and other contact details;
- bank details and other financial information, e.g. for paid staff and volunteers;
- past, present and prospective students’ academic, disciplinary, admissions and attendance records (including information about any special needs), and examination scripts and marks;
- personnel files, including in connection with academics, employment or safeguarding;
- where appropriate, information about individuals’ health and welfare, and contact details for their next of kin;
- references given or received by AHLU about students, and relevant information provided by previous educational establishments and/or other professionals or organisations working with pupils;
- correspondence with and concerning staff, students and parents past and present; and
- images of students (and occasionally other individuals) engaging in AHLU activities, (in accordance with AHLU’s policy on taking, storing and using images of children);
5. HOW AHLU COLLECTS DATA
Generally, AHLU receives personal data from the individual directly. This may be via a form, or simply in the ordinary course of interaction or communication (such as email).
However in some cases personal data will be supplied by third parties (for example a school, or other professionals or authorities working with that individual).
6. WHO HAS ACCESS TO PERSONAL DATA AND WHO AHLU SHARES IT WITH
Occasionally, AHLU will need to share personal information relating to its community with third parties, such as:
- professional advisers (e.g. lawyers, insurers, PR advisers and accountants);
- a future educational setting;
- government authorities (e.g. HMRC, police or the local authority); and
- appropriate regulatory bodies (e.g. the Charity Commission or the Information Commissioner’s Office).
For the most part, personal data collected by AHLU will remain within AHLU, and will be processed by appropriate individuals only in accordance with access protocols (i.e. on a ‘need to know’ basis). Particularly strict rules of access apply in the context of
- medical records; and
- pastoral or safeguarding files.
However, a certain amount of any SEN pupil’s relevant information may need to be provided to staff more widely in the context of providing the necessary care and education that the student requires.
Staff, volunteers, students and parents are reminded that AHLU is under duties imposed by law and statutory guidance to record or report incidents and concerns that arise or are reported to it, in some cases regardless of whether they are proven, if they meet a certain threshold of seriousness in their nature or regularity. This is likely to include file notes on personnel or safeguarding files, and in some cases referrals to relevant authorities such as the LADO or police. For further information about this, please view AHLU’s Safeguarding Policy.
Finally, in accordance with Data Protection Law, some of AHLU’s activity is carried out on its behalf by third parties, such as IT systems, web developers or cloud storage providers. This is always subject to contractual assurances that personal data will be kept securely and only in accordance with the AHLU’s specific directions.
7. HOW LONG WE KEEP PERSONAL DATA
AHLU will retain personal data securely and only in line with how long it is necessary to keep for a legitimate and lawful reason. Typically, the legal recommendation for how long to keep ordinary staff and student files is up to 7 years following final engagement with AHLU. However, incident reports and safeguarding files will need to be kept much longer, in accordance with specific legal requirements.
If you have any specific queries about how our retention policy is applied, or wish to request that personal data that you no longer believe to be relevant is considered for erasure, please contact the Chair of the Board at [email protected]. However, please bear in mind that AHLU will often have lawful and necessary reasons to hold on to some personal data even following such request.
A limited and reasonable amount of information will be kept for archiving purposes, for example; and even where you have requested we no longer keep in touch with you, we will need to keep a record of the fact in order to fulfil your wishes (called a “suppression record”).
8. KEEPING IN TOUCH AND SUPPORTING AHLU
AHLU will use the contact details of alumni and other members of the AHLU community to keep them updated about the activities of AHLU, or alumni events of interest, including by sending newsletters by email or via social media. Unless the relevant individual objects, AHLU will also:
- Share personal data, as appropriate, with organisations set up to help establish and maintain relationships with AHLU, such as the AHLU alumni group; and
- Contact alumni by post or email in order to promote and raise funds for AHLU.
Should you wish to limit or object to any such use, or would like further information about them, please contact the Chair of the Board, at [email protected]. You always have the right to withdraw consent, where given, or otherwise object to direct marketing or fundraising.
9. YOUR RIGHTS
Individuals have various rights under Data Protection Law to access and understand personal data about them held by AHLU, and in some cases ask for it to be erased or amended or have it transferred to others, or for AHLU to stop processing it – subject to certain exemptions and limitations.
Any individual wishing to access or amend their personal data, or wishing it to be transferred to another person or organisation, or who has some other objection to how their personal data is used, should put their request in writing to the Chair of the Board at [email protected].
AHLU will endeavour to respond to any such written requests as soon as is reasonably practicable and in any event within statutory time-limits, which is one month in the case of requests for access to information. AHLU will be better able to respond quickly to smaller, targeted requests for information. If the request is manifestly excessive or similar to previous requests, AHLU may ask you to reconsider or charge a proportionate fee, but only where Data Protection Law allows it.
You should be aware that the right of access is limited to your own personal data, and certain data is exempt from the right of access. This will include information which identifies other individuals, or information which is subject to legal privilege (for example legal advice given to or sought by AHLU, or documents prepared in connection with a legal action).
AHLU is also not required to disclose any student examination scripts (or other information consisting solely of test answers), provide examination or other test marks ahead of any ordinary publication, nor share any confidential reference given by AHLU itself for the purposes of the education, training or employment of any individual.
You may have heard of the “right to be forgotten”. However, we will sometimes have compelling reasons to refuse specific requests to amend, delete or stop processing personal data: for example, a legal requirement, or where it falls within a legitimate interest identified in this Privacy Notice. All such requests will be considered on their own merits.
Students can make subject access requests for their own personal data, provided that, in the reasonable opinion of AHLU, they have sufficient maturity to understand the request they are making.
Students aged 13 and above are generally assumed to have this level of maturity, although this will depend on both the child and the personal data requested, including any relevant circumstances at home.
All information requests from, on behalf of, or concerning students – whether made under subject access or simply as an incidental request – will therefore be considered on a case by case basis.
Where AHLU is relying on consent as a means to process personal data, any person may withdraw this consent at any time (subject to similar age considerations as above). Examples where we do rely on consent are: certain types of uses of images and/or certain types of fundraising activity. Please be aware however that AHLU may not be relying on consent but have another lawful reason to process the personal data in question even without your consent.
That reason will usually have been asserted under this Privacy Notice, or may otherwise exist under some form of contract or agreement with the individual (e.g. an employment or parent contract, or because a purchase of goods, services or membership of an organisation such as an alumni or parents’ association has been requested).
The rights under Data Protection Law belong to the individual to whom the data relates. However, AHLU will sometimes rely on parental authority or notice for the necessary ways it processes personal data relating to students – for example, via a form.
Where consent is required, it may in some cases be necessary or appropriate – given the nature of the processing in question, and the student’s age and understanding – to seek the student’s consent. Parents should be aware that in such situations they may not be consulted, depending on the interests of the child, the parents’ rights at law, and all the circumstances.
In general, AHLU will assume that students’ consent is not required for ordinary disclosure of their personal data to their parents, e.g. for the purposes of keeping parents informed about the activities, progress and behaviour, and in the interests of the student’s welfare. That is unless, in the AHLU’s opinion, there is a good reason to do otherwise.
However, where a student seeks to raise concerns confidentially with a member of staff and expressly withholds their agreement to their personal data being disclosed to their parents, AHLU may be under an obligation to maintain confidentiality unless, in AHLU’s opinion, there is a good reason to do otherwise; for example where AHLU believes disclosure will be in the best interests of the student or other students, or if required by law.
Students are required to respect the personal data and privacy of others, and to comply with AHLU’s relevant policies. Staff are under professional duties to do the same covered under the relevant staff policy.
10. DATA ACCURACY AND SECURITY
AHLU will endeavour to ensure that all personal data held in relation to an individual is as up to date and accurate as possible. Individuals must please notify AHLU of any significant changes to important information, such as contact details, held about them.
An individual has the right to request that any out-of-date, irrelevant or inaccurate or information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law): please see above for details of why AHLU may need to process your data, of who you may contact if you disagree.
AHLU will take appropriate technical and organisational steps to ensure the security of personal data about individuals, including policies around use of technology and devices, and access to school systems. All staff and Trustees will be made aware of this Privacy Notice and their duties under Data Protection Law and receive relevant training.
11. THIS PRIVACY NOTICE
AHLU may amend or update this Privacy Notice at any time. Any substantial changes that affect your rights will be provided to you directly as far as is reasonably practicable. The Trustees will review this Privacy Notice annually.
12. QUERIES AND COMPLAINTS
Any comments or queries on this policy should be directed to the Chair of the Board at [email protected].
If an individual believes that AHLU has not complied with this policy or acted otherwise than in accordance with Data Protection Law, they should utilise AHLU complaints procedure and should also notify the Chair of the Board. You can also make a referral to or lodge a complaint with the Information Commissioner’s Office (ICO), although the ICO recommends that steps are taken to resolve the matter with AHLU before involving the regulator.