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GDPR Privacy Notice

WHAT IS THE PURPOSE OF THIS DOCUMENT?
Millwood House Nursery is committed to protecting the privacy and security of your
personal information.

This privacy notice describes how the Nursery collects and uses personal information
about employees of the Nursery (“Employees”), children attending the Nursery (“Child”
or “Children”) and the parents of the Children (“Parents”) (known collectively as “You”
or “Your”), in accordance with the General Data Protection Regulation (GDPR).

The Nursery is a “data controller”. This means that we are responsible for deciding
how we hold and use personal information about You. We are required under data
protection legislation to notify You of the information contained in this privacy notice.

This notice applies to Employees, Children and Parents. This notice does not form
part of any contract of employment or other contract to provide services. We may
update this notice at any time but if we do so, we will provide You with an updated
copy of this notice as soon as reasonably practical.

It is important that Employees, Children and Parents read and retain this notice,
together with any other privacy notice we may provide on specific occasions when we
are collecting or processing personal information about You, so that You are aware of
how and why we are using such information and what Your rights are under the data
protection legislation.

DATA PROTECTION PRINCIPLES
We will comply with data protection law. This says that the personal information we
hold about You must be:

1. Used lawfully, fairly and in a transparent way.

2. Collected only for valid purposes that we have clearly explained to You and not
used in any way that is incompatible with those purposes.

3. Relevant to the purposes we have told You about and limited only to those
purposes.

4. Accurate and kept up to date.

5. Kept only as long as necessary for the purposes we have told You about.

6. Kept securely.

THE KIND OF INFORMATION WE HOLD ABOUT YOU
Personal data, or personal information, means any information about an individual
from which that person can be identified. It does not include data where the identity
has been removed (anonymous data).

There are “special categories” of more sensitive personal data which require a higher
level of protection, such as information about a person’s health or sexual orientation.

Employees:

We will collect, store, and use the following categories of personal information about
Employees:

• Personal contact details such as name, title, addresses, telephone numbers, and
personal email addresses.
• Date of birth.
• Gender.
• Marital status and dependants.
• Next of kin and emergency contact information.
• National Insurance number.
• Bank account details, payroll records and tax status information.
• Salary, annual leave, pension and benefits information.
• Start date and, if different, the date of an Employee’s continuous employment.
• Location of employment or workplace.
• Copy of driving licence (where applicable).
• Recruitment information (including copies of right to work documentation,
references and other information included in a CV or cover letter or as part of the
application process).
• Employment records (including job titles, work history, working hours, holidays,
training records and professional memberships).
• Personnel files and training records including performance information,
disciplinary and grievance information, and working time records.
• Information about your use of our information and communications systems.
• Records of any reportable death, injury, disease or dangerous occurrence.

We may also collect, store and use the following “special categories” of more sensitive
personal information:
• Information about an Employee’s race or ethnicity.
• Information about an Employee’s health, including any medical condition,
accident, health and sickness records, including:
• where an Employee leaves employment and under any share plan operated
by a group company the reason for leaving is determined to be ill-health,
injury or disability, the records relating to that decision;
• details of any absences (other than holidays) from work including time on
statutory parental leave and sick leave; and
• where an Employee leaves employment and the reason for leaving is related
to their health, information about that condition needed for pensions and
permanent health insurance purposes.

Children:
We will collect, store, and use the following categories of personal information about
Children:
• Name
• Date of birth
• Home address
• Dietary requirements
• Attendance information
• Photographs and video clips of the Child to signpost Children to where their
belongings are stored at the Nursery that they attend, and also for general display
purposes
• Emergency contact should Parents be unavailable and the emergency contact’s
contact details
• Record book for each Child containing the work of the Child whilst at the Nursery,
observations about the Child’s development whilst at the Nursery from Employees
of the Nursery, specific examples of the Child’s progress, photographs
demonstrating the Child’s development whilst at the Nursery, and personal details
of the Child (e.g. their date of birth) (“Progress Report”)
• Records relating to individual Children e.g. care plans, common assessment
frameworks, speech and language referral forms
• Accidents and pre-existing injuries forms
• Records of any reportable death, injury, disease or dangerous occurrence
• Observation, planning and assessment records of Children

We may also collect, store and use the following “special categories” of more sensitive
personal information:

• Information about a Child’s race or ethnicity, spoken language and nationality.
• Information about a Child’s health, including any medical condition, health and
sickness records.
• Information about a Child’s accident or incident reports including reports of pre-
existing injuries.
• Information about a Child’s incident forms / child protection referral forms / child
protection case details / reports.

Parents:
We will collect, store, and use the following categories of personal information about
Parents:

• Name
• Home address
• Telephone numbers, and personal email addresses.
• National Insurance number.
• Bank account details.

We may also collect, store and use the following “special categories” of more sensitive
personal information:

• Information about a Parent’s race or ethnicity, spoken language and nationality.
• Conversations with Parents where Employees of the Nursery deem it relevant
to the prevention of radicalisation or other aspects of the governments Prevent
strategy.

HOW IS YOUR PERSONAL INFORMATION COLLECTED?
Employees:

We collect personal information about Employees through the application and
recruitment process, either directly from candidates or sometimes from an
employment agency or background check provider. We may sometimes collect
additional information from third parties including former employers, credit reference
agencies or other background check agencies.
We will collect additional personal information in the course of job-related activities
throughout the period of when an Employee works for us.

Children and Parents:
We collect personal information about Children and Parents from when the initial
enquiry is made by the Parents, through the enrolment process and until the Children
stop using the Nursery’s services.

HOW WE WILL USE INFORMATION ABOUT YOU
We will only use Your personal information when the law allows us to. Most
commonly, we will use Your personal information in the following circumstances:
1. Where we need to perform the contract we have entered into with You.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for our legitimate interests (or those of a third party) and Your
interests and fundamental rights do not override those interests.
We may also use Your personal information in the following situations, which are likely
to be rare:

1. Where we need to protect Your interests (or someone else’s interests).

Situations in which we will use Employee personal information

We need all the categories of information in the list above (see Employee section
within the Paragraph entitled ‘The Kind of Information We Hold About You’) primarily
to allow us to perform our contracts with Employees and to enable us to comply with
legal obligations. The situations in which we will process Employee personal
information are listed below.

• Making a decision about an Employee’s recruitment or appointment.
• Checking an Employee is legally entitled to work in the UK. Paying an Employee
and, if an Employee is an Employee or deemed Employee for tax purposes,
deducting tax and National Insurance contributions (NICs).
• Providing any Employee benefits to Employees.
• Enrolling you in a pension arrangement in accordance with our statutory
automatic enrolment duties.
• Liaising with the trustees or managers of a pension arrangement operated by a
group company, your pension provider and any other provider of employee
benefits.
• Administering the contract we have entered into with an Employee.
• Conducting performance and/or salary reviews, managing performance and
determining performance requirements.
• Assessing qualifications for a particular job or task, including decisions about
promotions.
• Gathering evidence for possible grievance or disciplinary hearings.
• Making decisions about an Employee’s continued employment, engagement.
• Making arrangements for the termination of our working relationship.
• Education, training and development requirements.
• Dealing with legal disputes involving Employees, including accidents at work.
• Ascertaining an Employee’s fitness to work.
• Managing sickness absence.
• Complying with health and safety obligations.
• To prevent fraud.
• To monitor your use of our information and communication systems to ensure
compliance with our IT policies.
• To ensure network and information security, including preventing unauthorised
access to our computer and electronic communications systems and preventing
malicious software distribution.
• Equal opportunities monitoring.

Some of the above grounds for processing will overlap and there may be several
grounds which justify our use of an Employee’s personal information.

Situations in which the Nursery will use personal information of Children

We need all the categories of information in the list above (see Children section within
the Paragraph entitled ‘The Kind of Information We Hold About You’) primarily to allow
us to perform our obligations (including our legal obligations to Children. The situations
in which we will process personal information of Children are listed below.

• Upon consent from the Parents, Personal Data of Children will be shared with
schools for progression into the next stage of their education.
• Personal information of Children will be shared with local authorities without the
consent of Parents where there is a situation where child protection is necessary.
• The personal information of Children will be shared with local authorities without
the consent of Parents for funding purposes.
• Ofsted will be allowed access to the Nursery’s systems to review child protection
records.
• To ensure we meet the needs of the Children
• To enable the appropriate funding to be received
• Report on a Child’s progress whilst with the Nursery
• To check safeguarding records
• To check complaint records
• To check attendance patterns are recorded
• When a Child’s Progress Report is given to its Parent in order for that Parent
to pass the same Progress Report to a school for application or enrolment
purposes

Situations in which the Nursery will use personal information of Parents

We need all the categories of information in the list above (see Parents section within
the Paragraph entitled ‘The Kind of Information we Hold About You’) primarily to allow
us to perform our contracts with Parents and to enable us to comply with legal
obligations. The situations in which we will process personal information of Parents
are listed below.

• The personal information of Parents will be shared with local authorities without
the consent of Parents for funding purposes.
• To report on a Child’s attendance
• To be able to contact a Parent or a Child’s emergency contact about their Child
• To ensure nursery fees are paid

If Employees and Parents fail to provide personal information

If Employees and Parents fail to provide certain information when requested, we may
not be able to perform the respective contracts we have entered into with Employees
and Parents, or we may be prevented from complying with our respective legal
obligations to Employees, Children and Parents.

Change of purpose

We will only use Your personal information for the purposes for which we collected it,
unless we reasonably consider that we need to use it for another reason and that
reason is compatible with the original purpose. If we need to use Your personal
information for an unrelated purpose, we will notify the Employee, Child or Parent, as
is appropriate in the circumstances, and we will explain the legal basis which allows
us to do so.

Please note that we may process an Employee’s, a Child’s or a Parent’s personal
information without their respective knowledge or consent, as relevant to the
circumstances, in compliance with the above rules, where this is required or permitted
by law.

HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION

“Special categories” of particularly sensitive personal information require higher levels
of protection. We need to have further justification for collecting, storing and using this
type of personal information. We have in place an appropriate policy document and
safeguards which we are required by law to maintain when processing such data. We
may process special categories of personal information in the following
circumstances:

1. In limited circumstances, with Employee or Parent explicit written consent.
2. Where we need to carry out our legal obligations or exercise rights in connection
with Employee employment.
3. Where it is needed in the public interest, such as for equal opportunities monitoring
or in relation to our occupational pension scheme.
Less commonly, we may process this type of information where it is needed in relation
to legal claims or where it is needed to protect an Employee, a Child or a Parents’
interests (or someone else’s interests) and the Employee, Child or Parent as is
appropriate is not capable of giving consent, or where the Employee or Parent has
already made the information public.

The Nursery’s obligations as an employer

We will use particularly sensitive personal information of Employees in the following
ways:
• We will use information relating to leaves of absence, which may include sickness
absence or family related leaves, to comply with employment and other laws.
• We will use information about the physical or mental health of an Employee, or
their disability status, to ensure Employee health and safety in the workplace and
to assess the fitness of Employees to work, to provide appropriate workplace
adjustments, to monitor and manage sickness absence and to administer benefits
including statutory maternity pay, statutory sick pay, pensions and permanent
health insurance.
• We will use information about an Employee’s race or national or ethnic origin,
religious, philosophical or moral beliefs, or an Employee’s sexual life or sexual
orientation, to ensure meaningful equal opportunity monitoring and reporting.
Do we need Employee consent?
We do not need the consent of Employees if we use special categories of personal
information in accordance with our written policy to carry out our legal obligations or
exercise specific rights in the field of employment law. In limited circumstances, we
may approach Employees for their written consent to allow us to process certain
particularly sensitive data. If we do so, we will provide Employees with full details of
the information that we would like and the reason we need it, so that Employees can
carefully consider whether they wish to consent. Employees should be aware that it is
not a condition of their contract with the nursery that they agree to any request for
consent from us.

INFORMATION ABOUT CRIMINAL CONVICTIONS

We may only use information relating to criminal convictions where the law allows us
to do so. This will usually be where such processing is necessary to carry out our
obligations and provided we do so in line with our data protection policy.
Less commonly, we may use information relating to criminal convictions where it is
necessary in relation to legal claims, where it is necessary to protect the interests of
You (or someone else’s interests) and You are not capable of giving your consent, or
where an Employee or a Parent, as is relevant to the circumstances, has already made
the information public.

We envisage that we will hold information about criminal convictions.
We will only collect information about criminal convictions if it is appropriate given the
nature of the role and where we are legally able to do so, which includes but is not
limited to Disclosure and Barring Service (“DBS”) checks. Where appropriate, we will
collect information about criminal convictions as part of the recruitment process or we
may be notified of such information directly by you in the course of you working for us.
We will use information about criminal convictions and offences in the following ways:

• To conduct a DBS check on each Employee, to record the date of the DBS check,
the number of the DBS check and the name of the body conducting the DBS
check.

We are allowed to use your personal information in this way to carry out our
obligations. We have in place an appropriate policy and safeguards which we are
required by law to maintain when processing such data.

AUTOMATED DECISION-MAKING

Automated decision-making takes place when an electronic system uses personal
information to make a decision without human intervention. We are allowed to use
automated decision-making in the following circumstances:

1. Where we have notified Employees or Parents of the decision and given the
Employee of the Parent as is appropriate 21 days to request a reconsideration.
2. Where it is necessary to perform the contract with an Employee or a Parent and
appropriate measures are in place to safeguard the Employee’s, the Child’s or the
Parent’s rights as is appropriate.
3. In limited circumstances, with explicit written consent from the Employee or the
Parent, as is appropriate, and where appropriate measures are in place to safeguard
Employee or Parent rights.

If we make an automated decision on the basis of any particularly sensitive personal
information, we must have either explicit written consent from an Employee or a Parent
as is appropriate, or it must be justified in the public interest, and we must also put in
place appropriate measures to safeguard an Employee or a Parents rights as is
relevant in the circumstances.

You will not be subject to decisions that will have a significant impact on You based
solely on automated decision-making, unless we have a lawful basis for doing so and
we have notified the Employee or the Parent as is appropriate in the circumstances.

DATA SHARING

We may have to share Employee, Child or Parent data with third parties, including
third-party service providers and other entities in the group.

We require third parties to respect the security of Your data and to treat it in
accordance with the law.

Why might the Nursery share Employee, Child or Parent personal information
with third parties?

We will share Your personal information with third parties where required by law,
where it is necessary to administer the working relationship with You or where we have
another legitimate interest in doing so.

Which third-party service providers process my personal information?

”Third parties” includes third-party service providers (including contractors and
designated agents), local authorities, regulatory bodies, schools and other entities
within our group. The following third-party service providers process personal
information about you for the following purposes:

• Local Authorities – for funding and monitoring reasons (e.g. equal opportunities
and uptake of funded hours)
• Regulatory bodies – for ensuring compliance and the safety and welfare of the
children
• Schools – to provide a successful transition by ensuring information about the
child’s progress and current level of development and interests are shared

We will share personal data regarding your participation in any pension arrangement
operated by a group company with the trustees or scheme managers of the
arrangement in connection with the administration of the arrangements.

How secure is my information with third-party service providers and other
entities in our group?

All our third-party service providers and other entities in the group are required to take
appropriate security measures to protect Your personal information in line with our
policies. We do not allow our third-party service providers to use Your personal data
for their own purposes. We only permit them to process Your personal data for
specified purposes and in accordance with our instructions.

When might you share my personal information with other entities in the group?

We will share Your personal information with other entities in our group as part of our
PAYE system, Invoices and Social Services.

What about other third parties?

We may share Your personal information with other third parties, for example in the
context of the possible sale or restructuring of the business. In this situation we will,
so far as possible, share anonymised data with the other parties before the transaction
completes. Once the transaction is completed, we will share Your personal data with
the other parties if and to the extent required under the terms of the transaction.
We may also need to share Your personal information with a regulator or to otherwise
comply with the law.

DATA RETENTION

How long will you use my information for?

We will only retain Your personal information for as long as necessary to fulfil the
purposes we collected it for, including for the purposes of satisfying any legal,
accounting, or reporting requirements. Details of retention periods for different aspects
of your personal information are available in our retention policy which is available
from the manager. To determine the appropriate retention period for personal data,
we consider the amount, nature, and sensitivity of the personal data, the potential risk
of harm from unauthorised use or disclosure of Your personal data, the purposes for
which we process Your personal data and whether we can achieve those purposes
through other means, and the applicable legal requirements.

In some circumstances we may anonymise Your personal information so that it can
no longer be associated with You, in which case we may use such information without
further notice to You. Once you are no longer an Employee, or a Child benefiting from
the Nursery’s services or a Parent, as is appropriate, we will retain and securely
destroy your personal information in accordance with applicable laws and regulations.

RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

Your duty to inform us of changes

It is important that the personal information we hold about You is accurate and current.
Please keep us informed if Your personal information changes during your working
relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law You have the right to:

• Request access to Your personal information (commonly known as a “data
subject access request”). This enables You to receive a copy of the personal
information we hold about You and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about You. This
enables You to have any incomplete or inaccurate information we hold about You
corrected.
• Request erasure of your personal information. This enables Employees or
Parents to ask us to delete or remove personal information where there is no good
reason for us continuing to process it. You also have the right to ask us to delete
or remove Your personal information where You have exercised Your right to
object to processing (see below).
• Object to processing of Your personal information where we are relying on a
legitimate interest (or those of a third party) and there is something about Your
particular situation which makes You want to object to processing on this ground.
You also have the right to object where we are processing Your personal
information for direct marketing purposes.
• Request the restriction of processing of Your personal information. This
enables Employees or Parents, as is appropriate, to ask us to suspend the
processing of personal information about You for example if You want us to
establish its accuracy or the reason for processing it.
• Request the transfer of Your personal information to another party.

If You want to review, verify, correct or request erasure of Your personal information,
object to the processing of Your personal data, or request that we transfer a copy of
Your personal information to another party, please contact the manager in writing.

No fee usually required

You will not have to pay a fee to access Your personal information (or to exercise any
of the other rights).

What we may need from You

We may need to request specific information from You to help us confirm your identity
and ensure Your right to access the information (or to exercise any of Your other
rights). This is another appropriate security measure to ensure that personal
information is not disclosed to any person who has no right to receive it.

RIGHT TO WITHDRAW CONSENT
In the limited circumstances where You may have provided Your consent to the
collection, processing and transfer of Your personal information for a specific purpose,
You have the right to withdraw Your consent for that specific processing at any time.
To withdraw Your consent, please contact [the manager]. Once we have received
notification that You have withdrawn Your consent, we will no longer process Your
information for the purpose or purposes You originally agreed to, unless we have
another legitimate basis for doing so in law.

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to update this privacy notice at any time, and we will provide You
with a new privacy notice when we make any substantial updates. We may also notify
You in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact [Nursery Manager -
admin@millwoodhousenursery.co.uk].