Data protection Policy
Fresh Start Direct Ltd will be referred to as ‘the Company’ throughout the policy
The term ‘staff’ in used to cover all Company employees, Tutors, contractors and workers
The term ‘student’ is used to cover any learner placed with the Company
The term ‘Client’ refers to any local authority, school, parent or body that commissions the services
of the Company to work with a student or students
An ‘Identifiable Natural Person’ is one who can be identified, directly or indirectly, in particular
by reference to an identifier such as 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
A ‘Data Subject’ is the identified or Identifiable Natural Person to which the data refers
‘Data Controller’ is a natural or legal person, Public Authority, Agency or other body which, alone
or jointly with others, determines the purpose and means of the Processing of Personal Data
A ‘Data Processor’ is a natural or legal person, Public Authority, Agency or other body which
Processes Personal Data on behalf of a Data Controller
‘Personal Data’ is any information that relates to a living individual who can be identified from
The ‘Data Protection Officer’ (DPO) may be contacted in writing;
The Data Protection Officer
Fresh Start Direct Ltd
Castle Hill Avenue
Kent. CT20 2TQ
or by email: email@example.com
The terms ‘processing’, ‘process’ or ‘processed’ are used to cover any operation or set of operations
performed on Personal Data or on sets of Personal Data, whether or not by automated means. Operations
performed may include collection, recording, organisation, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making
available, alignment or combination, restriction, erasure or destruction.
The Company is a specialist online Education Service. We work to a high standard of Safeguarding and Data Protection. The services of the Company are commissioned by Local Authority Departments, Schools and Colleges and parents or carers.
We hold data for up to 85 years for a variety of reasons. Data is processed as necessary by the Company’s staff members to ensure that the students placed with us get the maximum benefit from their time with us and are safe guarded effectively. We use historic data to review and assess our effectiveness with different groups of students and their progress and the outcomes that they have achieved. We also keep all data to ensure that we can respond effectively to any Safeguarding matter or questions concerning behaviour, or effectiveness of staff or service. We may contact past and existing Clients from time to time about other services we offer, with the option to opt-out from this form of communication.
This policy sets out the obligations of the Company regarding Data Protection and the rights of Clients, staff, and students, in respect of their Personal Data under the Data Protection Act 2018
This policy sets out the procedures that are to be followed when dealing with Personal Data. The
Data Protection Policy Page 4 of 17 Fresh Start Direct Ltd © 2018
procedures and principles set out herein must be followed at all times by staff.
The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all Personal Data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
The Data Protection Principles
This policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling Personal Data must comply. All Personal Data must be:
Processed lawfully, fairly, and in a transparent manner in relation to the Data Subject
Collected for specified, explicit, and legitimate purposes and not further processed in a
manner that is incompatible with those purposes; further processing for archiving purposes in the
public interest, scientific or historical research purposes or statistical purposes shall not be
considered to be incompatible with the initial purposes
Adequate, relevant and limited to what is necessary in relation to the purposes for which it is
Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure
that Personal Data that is inaccurate, having regard to the purposes for which they are processed,
is erased or rectified without delay
Kept in a form which permits identification of Data Subjects for no longer than is necessary
for the purposes for which the Personal Data is processed; Personal Data may be stored for longer
periods insofar as the Personal Data will be processed solely for archiving purposes in the public
interest, scientific or historical research purposes or statistical purposes subject to
implementation of the appropriate technical and organisational measures required by the Regulation
in order to safeguard the rights and freedoms of the Data Subject
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.
Lawful, Fair And Transparent Data Processing
The Regulation seeks to ensure that Personal Data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the Data Subject. The Regulation states that processing of Personal Data shall be lawful if at least one of the following applies:
The Data Subject has given consent to the processing of his or her Personal Data for one or
more specific purposes
Processing is necessary for the performance of a contract to which the Data Subject is a
party or in order to take steps at the request of the Data Subject prior to entering into a
Processing is necessary for compliance with a legal obligation to which the Data Controller
Processing is necessary to protect the vital interests of the Data Subject or of another
Identifiable Natural Person
Processing is necessary for the performance of a task carried out in the public interest or
in the exercise of official authority vested in the Data Controller
Processing is necessary for the purposes of the Legitimate Interests pursued by the Data
Controller or by a third party, except where such interests are overridden by the fundamental
rights and freedoms of the Data Subject, which require protection of Personal Data, in
particular where the Data Subject is a child.
Processed For Specified, Explicit And Legitimate Purposes
The Company collects and processes the Personal Data set out in Point 20 of this policy. This may include Personal Data received directly from Data Subjects, for example, contact details used when a Data Subject communicates with us and data received from third parties, for example, Local Authority departments, Police, the Courts, schools, teaching and support staff and parents, carers, family members and those connected with a student or their family who are providing information about students with whom the Company is working, has worked, or may be required to work. It may also include information from Social Media or other sources and where there may be Safeguarding or Behaviour concerns.
The Company only processes Personal Data for the specific purposes set out in Point 20 of this policy or for other purposes expressly permitted by the Regulation. The purposes for which we process Personal Data will be informed to Data Subjects at the time that their Personal Data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.
Adequate, Relevent And Limited Data Processing
The Company will only collect and process Personal Data for and to the extent necessary for the specific purpose(s) informed to Data Subjects as under Point 4.
Accuracy Of Keeping Data Up To Date
The Company shall ensure that all Personal Data collected and processed is kept accurate and up-to-date. The accuracy of Personal Data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend, erase or anonymise that data, as appropriate.
The Company shall not keep Personal Data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the data is no longer required, all reasonable steps will be taken to anonymise or erase it without delay.
The Company shall ensure that all Personal Data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organisational measures which shall be taken are provided in Points 21 and 22 of this policy.
The Company shall keep written internal records of all Personal Data collection, holding, and processing, which shall incorporate the following information:
The name and details of the Company, its DPO, and any applicable third-party Data Controllers
The purposes for which the Company processes Personal Data
Details of the categories of Personal Data collected, held, and processed by the Company; and the categories of Data Subject to which that Personal Data relates
Details and categories of any third parties that will receive Personal Data from the Company
Details of any transfers of Personal Data to non-European Economic Area countries, including all mechanisms and security safeguards
Details of how long Personal Data will be retained by the Company
Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of Personal Data.
Privacy Impact Assessments
The Company shall carry out Privacy Impact Assessments as and when required under the Regulation. Privacy Impact Assessments shall be overseen by the Company’s DPO and shall address the following areas of importance:
The purpose(s) for which Personal Data is being processed and the processing operations to be carried out on that data
Details of the Legitimate Interests being pursued by the Company
An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed
An assessment of the risks posed to individual Data Subjects
Details of the measures in place to minimise and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of Personal Data, sufficient to demonstrate compliance with the Regulation.
The Rights of Data Subjects
The Regulation sets out the following rights applicable to Data Subjects:
The right to be informed
The right of access
The right to rectification
The right to erasure (also known as the ‘right to be forgotten’)
The right to restrict processing
The right to data portability
The right to object
Rights with respect to automated decision-making and profiling.
Keeping Data Subjects Informed
The Company shall ensure that the following information is provided to every Data Subject when Personal Data is collected:
Details of the Company including, but not limited to, the identity of the DPO
The purpose(s) for which the Personal Data is being collected and will be processed (as detailed in Point 20 of this policy) and the legal basis justifying that collection and processing
Where applicable, the Legitimate Interests upon which the Company is justifying its collection and processing of the Personal Data
Where the Personal Data is not obtained directly from the Data Subject, the categories of Personal Data collected and processed
Where the Personal Data is to be transferred to one or more third parties, details of those parties
Where the Personal Data is to be transferred to a third party that is located outside of the European Economic Area (EEA), details of that transfer, including but not limited to the safeguards in place. See Point 23 of this policy for further details concerning such third country data transfers
Details of the length of time the Personal Data will be held by the Company or, where there is no predetermined period, details of how that length of time will be determined
Details of the Data Subject’s rights under the Regulation
Details of the Data Subject’s right to withdraw their consent to the Company’s processing of their Personal Data at any time
Details of the Data Subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation)
Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the Personal Data and details of any consequences of failing to provide it
Details of any automated decision-making that will take place using the Personal Data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.
The information set out in Point 12.1 shall be provided to the Data Subject at the following applicable time:
Where the Personal Data is obtained from the Data Subject directly, at the time of collection
Where the Personal Data is not obtained from the Data Subject directly, for example, from another party:
If the Personal Data is used to communicate with the Data Subject, at the time of the
first communication, or
If the Personal Data is to be disclosed to another party, before the Personal Data is
In any event, not more than one month after the time at which the Company obtains the
Data Subject Access
A Data Subject may make a Subject Access Request (SAR) at any time to find out more about the Personal Data which the Company holds about them. The Company is normally required to respond to SARs within one month of receipt. This can be extended by up to two months in the case of complex and or numerous requests, and in such cases the Data Subject shall be informed of the need for the extension.
All SAR’s received must be made in writing to the DPO. A SAR must describe the information required and be accompanied by proof of identity to ensure that information is only shared with the Data Subject themselves.
The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a Data Subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
Rectification Of Personal Data
If a Data Subject informs the Company that Personal Data held by the Company is inaccurate or incomplete, requesting that it be rectified, the Personal Data in question shall be rectified, and the Data Subject informed of that rectification, within one month of receipt the Data Subject’s notice. This can be extended by up to two months in the case of complex requests, and in such cases the Data Subject shall be informed of the need for the extension.
In the event that any affected Personal Data has been disclosed to third parties, those parties shall be informed of any rectification of that Personal Data.
Erasure Of Personal Data
Data Subjects may request that the Company erases the Personal Data it holds about them in the following circumstances:
It is no longer necessary for the Company to hold that Personal Data with respect to the purpose for which it was originally collected or processed
The Data Subject wishes to withdraw their consent to the Company holding and processing their Personal Data
The Data Subject objects to the Company holding and processing their Personal Data, and there is no overriding legitimate interest to allow the Company to continue doing so. See Point 17 of this policy for further details concerning Data Subjects’ rights to object
The Personal Data has been processed unlawfully
The Personal Data needs to be erased in order for the Company to comply with a particular legal obligation.
Unless the Company has reasonable grounds to refuse to erase Personal Data, all requests for erasure shall be complied with, and the Data Subject informed of the erasure, within one month of receipt of the Data Subject’s request. This can be extended by up to two months in the case of complex requests, and in such cases the Data Subject shall be informed of the need for the extension.
In the event that any Personal Data which is to be erased in response to a SAR, has been disclosed to third parties, those parties shall be informed of the erasure, unless it is impossible or would require disproportionate effort to do so.
Restriction Of Personal Data Processing
Data Subjects may request that the Company ceases processing the Personal Data it holds about them. If a Data Subject makes such a request, and unless the Company has reasonable grounds to refuse the restriction of Personal Data, all requests for restriction shall be complied with, and the Data Subject informed of the restriction, within one month of receipt of the Data Subject’s request. This can be extended by up to two months in the case of complex requests, and in such cases the Data Subject shall be informed of the need for the extension. The Company shall retain only the amount of Personal Data pertaining to that Data Subject that is necessary to ensure that no further processing of their Personal Data takes place.
In the event that any affected Personal Data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it, unless it is impossible or would require disproportionate effort to do so.
Objections To Personal Data Processing
Data Subjects have the right to object to the Company processing their Personal Data based on Legitimate Interests, including profiling, direct marketing, including profiling, and processing for scientific and or historical research and statistical purposes.
Where a Data Subject objects to the Company processing their Personal Data based on its Legitimate Interests, the Company shall cease such processing forthwith, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the Data Subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
Where a Data Subject objects to the Company processing their Personal Data for direct marketing purposes, the Company shall cease such processing forthwith.
Where a Data Subject objects to the Company processing their Personal Data for scientific and or historical research and statistical purposes, the Data Subject must, under the Regulation, ‘demonstrate grounds relating to their particular situation’. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
Automated Decision Making
In the event that the Company uses Personal Data for the purposes of automated decision-making and those decisions have a legal, or similarly significant effect on Data Subjects, Data Subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.
The right described in Point 18.1 does not apply in the following circumstances:
The decision is necessary for the entry into, or performance of, a contract between the Company and the Data Subject
The decision is authorised by law
The Data Subject has given their explicit consent.
Where the Company uses Personal Data for profiling purposes, the following shall apply:
Clear information explaining the profiling will be provided, including its significance and the likely consequences
Appropriate mathematical or statistical procedures will be used
Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented
All Personal Data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling. See Points 21 and 22 of this policy for more details on data security.
Personal And Special Category Data
The following Personal Data may be collected, held, and processed by the Company.
PERSONAL DATA – Clients and students
Category of Personal Data Purpose of Processing Legal Basis for Processing
Parents/Carers Names, telephone numbers, email addresses and email letter and telephone correspondence
and any information provided by the Client.
Fulfilment of the Contract with the Client.
Safeguarding and Child Protection.
Parents/Carers may be contacted from time to time to provide on the effectiveness of the Company’s service and as part of the Company’s continual improvement, and Quality Assurance.
Legitimate Interest, Legal Obligation, Public Interest
and Vital Interest.
Students Names, addresses, date of birth, telephone numbers, email addresses, next of kin,
emergency contact details, education history and plans, religion, disabilities, physical and
mental health, medication, gender, sexual orientation, marital status, ethnicity,
nationality, relatives' and or carers' contact details, social services contact details and
role, Police and other official involvement, general educational and social history, court
history and orders, financial information, social media history and interactions.
Future and current students: Fulfilment of our contract with the referring Client.
Past students: Safeguarding and Child Protection, educational, behavioural and engagement history and attainment.
Students may be contacted from time to time to provide feedback or to enter competitions to assess the effectiveness of the Company’s methods and as part of the Company’s continual improvement and Quality Assurance.
Legitimate Interest, Legal Obligation, Public Interest,
Vital Interest and Statistical Research and Processing.
Clients Names, telephone number, email addresses, office address, job title, employer, email,
letter and telephone correspondence, contract(s), tenders, tender submissions, preferences
and interests, general financial information relating to the commissioning body, payment
terms and efficiency, usage of the Company’s website.
Fulfilment of contract with the Client.
Safeguarding, Child Protection and Behaviour Management and Reporting.
Statistical Analysis and Review and Quality Assurance.
Vital Interest and Research and Statistical Purposes.
SPECIAL CATERGORY PERSONAL DATA The processing of the data relating to students and their relatives is restricted to what is necessary for the purposes of; carrying out and exercising the requirements of the contract between the Company and the Commissioner of the Company’s service, as is or may be required by law in the UK, to protect the vital interests of the Data Subject or others, in the course of the Company’s legitimate activities with appropriate safeguards ensuring that special category data and Personal Data is not disclosed outside the Company unless required by law. All personal data is subject to the data protection measures of section 21.
DATA RETENTION The Company may retain information about any Data Subject, party to any Contract or referral for up to 85 years. However, information is only held for as long as necessary except as required by law, and for the Company’s lawful business processing. The Company regularly reviews its records, to ensure that we only retain personal information for as long as necessary, for the purposes set out in this policy.Where the Company no longer needs personal information, it will dispose of it, anonymise it, so that the Data Subject is no longer identifiable, or delete it in a secure manner without further notice to the Data Subject.For unsuccessful candidates or Tutors who end their Contract before working with a student, all data will usually be retained for 1 year.
Data Protection Measures
The Company shall ensure that all staff comply with the following when working with Personal Data:
All emails containing Personal Data will be encrypted using secure data encryption for all electronic communication including attachments
Where any Personal Data is to be erased or otherwise disposed of for any reason, including where copies have been made and are no longer needed, it will be securely deleted and disposed of. Hardcopies will be shredded, using a ‘cross cut’ shredder, and electronic copies should be deleted securely
Personal Data may be transmitted over secure networks only; transmission Data Protection Policy Page 15 of 17 Fresh Start Direct Ltd © 2018 over unsecured networks is not permitted in any circumstances
Personal Data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable
Personal Data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be archived. All temporary files associated therewith should be deleted
Where Personal Data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data
Where Personal Data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using Royal Mail Special Delivery Service
No Personal Data may be shared informally and if a member of staff requires access to any Personal Data that they do not already have access to, such access should be formally requested from the DPO
All hardcopies of Personal Data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet or similar
No Personal Data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of the DPO
Personal Data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors or other parties at any time
If Personal Data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it
No Personal Data should be stored on any mobile device, including, but not limited to, laptops, tablets and smartphones, whether such device belongs to the Company or otherwise, without the formal written approval of the DPO and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary.
Where permission has been granted by the DPO to store personal information on a personal device the following must be adhered to:
Data must never be accessed on a public computer
If using a shared device, the user must have their own login, that no-one else has the
All documents must be deleted and recycle bin emptied after they’ve been processed.
No Personal Data should be transferred to any device personally belonging to an employee, and Personal Data may only be transferred to devices belonging to staff where the party in question has agreed to comply fully with the letter and spirit of this policy and of the Regulation, which may Data Protection Policy Page 16 of 17 Fresh Start Direct Ltd © 2018 include demonstrating to the Company that all suitable technical and organisational measures have been taken.
All Personal Data stored electronically should be backed up at regular intervals with backups stored onsite and offsite. All backups should be encrypted using 256 bit encryption and or password protection.
All electronic copies of Personal Data should be stored securely using 256 bit data encryption and or password protection.
All passwords used to protect Personal Data must be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by the Company is designed to require such passwords
Under no circumstances should any passwords be written down or shared between staff irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords.
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of Personal Data:
All staff shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Regulation and under this policy, and shall be provided with a copy of this policy
Only staff that need access to, and use of, Personal Data in order to carry out their assigned duties correctly shall have access to Personal Data held by the Company
All staff handling Personal Data will be appropriately trained to do so
All staff handling Personal Data will be appropriately supervised
Methods of collecting, holding and processing Personal Data shall be regularly evaluated and reviewed
The performance of staff handling Personal Data shall be regularly evaluated and reviewed
All staff handling Personal Data will be bound to do so in accordance with the principles of the Regulation and this policy by contract
All staff handling Personal Data must ensure that any and all of their employees who are involved in the processing of Personal Data are held to the same conditions as those relevant employees of the Company arising out of this policy and the Regulation
Where any staff member handling Personal Data fails in their obligations under this policy that party shall indemnify and hold harmless the Company against any costs, Data Protection Policy Page 17 of 17 Fresh Start Direct Ltd © 2018 liability, damages, loss, claims or proceedings which may arise out of that failure.
Transferring Personal Data To A Country Outside The EEA
The Company does not transfer Personal Data outside the EEA.
Data Breach Notification
All Personal Data breaches must be reported immediately to the Company’s DPO.
If a Personal Data breach occurs and that breach is likely to result in a risk to the rights and freedoms of Data Subjects, for example, financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage, the DPO must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
In the event that a Personal Data breach is likely to result in a high risk, that is, a higher risk than that described in Point 24.2, to the rights and freedoms of Data Subjects, the DPO must ensure that all affected Data Subjects are informed of the breach directly and without undue delay.
Data breach notifications shall include the following information:The categories and approximate number of Data Subjects concernedThe categories and approximate number of Personal Data records concernedThe name and contact details of the Company’s DPO or other contact point where more information can be obtainedThe likely consequences of the breachDetails of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
Implementation of Policy
This policy shall be deemed effective as of 25th September 2018. No part of this policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
This Policy has been approved and authorised by:
25th September 2018
Due for Review by:
25th September 2019