1. Purpose

The Company is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you while you are having tuition with us, and after, in accordance with the UK General Data Protection Regulation (GDPR) and the Data Protection Act (2018).

We are the controller of the personal data provided to us as stated in contracts with specific schools or local authorities. In other contracts, we are the designated as the processor.

It is important that you 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.

2. Data Protection Principles

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

• Used lawfully, fairly and in a transparent way.

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

• Relevant to the purposes we have told you about and limited only to those purposes.

• Accurate and kept up to date.

• Kept only as long as necessary for the purposes we have told you about.

• Kept securely

3. The kind of information we hold about you

3.1. Student personal data

If you provide personal data about a student under the age of 18, you confirm that either (a) you are their tutor/teacher and the student’s parent or legal guardian has confirmed that you are entitled to provide the personal data to us; or (b) you are the student’s parent or legal guardian. If you provide personal data about any other person, you confirm that you have their consent to do so.

If you are a student and your tutor (or any third party) has provided your personal data to us but you do not wish to access our software or otherwise engage with the Company, please contact us and we shall delete your personal data accordingly. We will however first notify the tutor (or third party) of your request.

When you contact us by email or post, we may keep a record of the correspondence and we may also record any telephone call we have with you.

We receive the following types of information regarding students:

• Surname

• Forename

• DOB

• Unique Student Number

• Emergency contact details

• Sex and gender

• Preferred name

• Ethnic origin

• Language of home (if other than English)

• Religion

• Names of adults who hold parental responsibility with home address and telephone number and any additional relevant carers and their relationship to the child)

• Name of the school

• Any other agency involvement e.g. speech and language therapist, paediatrician

• Any information relating to a major incident involving the child (either an accident or other incident)

• Any reports written about the child

• Any information about a statement and support offered in relation to the statement

• Child protection reports/disclosures

• Safeguarding information (such as court orders and professional involvement)

• Special educational needs (including the needs and ranking)

• Attendance (such as sessions attended, number of absences, absence reasons and any previous schools attended)

• Assessment and attainment

• Behavioural information (such as exclusions and any relevant alternative provision put in place)

• Any information relating to exclusions (fixed or permanent)

• Any correspondence with parents or outside agencies relating to major issues

• Details of any complaints made by the parents or the student

• Absence notes

• Correspondence with parents about minor issues

• Image related to identify management/authentication

• Recorded lessons

We will also hold data about student’s that we have received from other organisations, including other schools, local authorities and the Department for Education.

3.2. Parent personal data

• Surname

• Forename

• Contact details

• Any correspondence with parents or outside agencies relating to major or minor issues

• Details of any complaints made by the parents or the student

4. How are student and parent data collected?

We collect student data via:

• You directly

• External agencies, such as the local council or the referring school

Student and parent data are essential for our operational use. Whilst the majority of information that you provide to us is mandatory, some of it requested on a voluntary basis. In order to comply with the data protection legislation, we will inform you at the point of collection, whether you are required to provide certain student information to us or if you have a choice in this

5. How we will use information about you

The personal data of the student and the parent is required for us to provide our services to the student, to best meet the needs of the student, and for communications between us and you. Where we need to perform the contract we have entered into with you.

We use this data to:

• Support student learning

• Monitor and report on student progress

• Provide appropriate pastoral care

• Protect student welfare

• Assess the quality of our services

• Carry out research

• Comply with the law regarding data sharing

• Keep students safe

• To meet the statutory duties placed upon us

• Where we need to comply with a legal obligation.

• Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.

• When you consent to give us feedback.

From time to time, the Company uses carefully selected AI tools to improve the efficiency of administrative tasks and support productivity. In some cases, this may involve processing limited personal data about you. For example, we may use these tools to help to generate summaries of notes and feedback, to check spelling and grammar in reports, and to anonymise information and records before we store them. We only ever use AI tools for our own internal purposes, and ensure that data is not used to train or develop any underlying AI models.

6. Legal basis

We only collect and use the student’s personal data when the law allows us to. Most commonly, we process it where:

• We need to comply with a legal obligation

• We need it to perform an official task in the public interest

Some of the reasons listed above for collecting and using student’s personal data overlap and there may be several grounds which justify use of this data.

6.1. Recorded online lessons - Targeted Provision

We are recording online lessons for several reasons:

• to ensure the quality of our teaching and learning;

• as a resource for both students and teachers;

• in case of any safeguarding incidents.; and

• for training purposes.

Our legal basis for ‘quality control’, ‘lessons as a resource’ and ‘training purposes’ is legitimate interest. If you would like to opt out, please speak to us about your concerns.

If the recording contains information that would form part of a child protection file or raises a safeguarding concern, the recording will be held for six years. This retention period is a legal obligation.

We use Zoom to record our online lessons and all data is held securely. Zoom is fully committed to the security and privacy of your data and protecting you and the school from attempts to compromise it. Their systems are among the industry’s most secure and they vigorously resist any unlawful attempt to access their customers’ data.

6.2 Photographs and images - SENse Learning

We sometimes take photographs to evidence learning and meet awarding body requirements. Our approach is as follows:

• Photographs of work only: Where the student cannot be identified from the image, the photograph is not personal data and therefore falls outside data-protection law.

• Photographs of students for Certification: Where Awarding Bodies require evidence of a student completing a task or activity, photographs may be taken only when necessary, with efforts made to avoid faces or identifying details wherever possible. These are processed under the Public Task lawful basis and are stored securely in the student’s record. For Looked-After Children (LAC) and any student where identification may increase safeguarding risks, images will be taken only when absolutely necessary, and only with explicit authorisation from the child’s Social Worker or the relevant Local Authority officer.

• Photographs of students for other purposes: Where images are used for marketing, publicity, or social-media purposes, we will always obtain the parent or guardian’s explicit consent before use. Images of Looked-After Children will never be used for these purposes, even with consent, to protect their privacy and safety.

7. Who will it be shared with?

Personal data of students will be shared with:

8. 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 you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Data Sharing

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

We may from time to time share your data with our funding partners.

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

We may transfer your personal information outside the UK (see “Transferring information outside the UK”)

If we do, you can expect a similar degree of protection in respect of your personal information

1. Why might you share my 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.

2. Which third-party service providers process my personal information?

"Third parties" includes third-party service providers (including contractors and designated agents). The following activities are carried out by third-party service providers: payroll, pension administration, accounting.

3. How secure is my information with third-party service providers?

All our third-party service providers 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.

4. When might you share my personal information with 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.

5. Transferring information outside the UK

As a default, personal data is stored within the UK.

Some of your personal data may be stored or transferred outside of the UK for legitimate business needs, including for example, if our email server is located in a country outside the UK or if any of our service providers are based outside of the UK.

Where data is transferred outside of the UK, we store data in places with said Adequacy Status as defined by the UK Government, or where we can use the UK’s International Data Transfer Agreement for the transfer of personal data to processors outside the UK.

One of our processors is located in the United States and we use the IDTA as the transfer safeguard.

6. Data security

We have put in place measures to protect the security of your information. Details of these measures are available upon request.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

7. Data retention

7.1. 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. 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. Please see our Data Retention Schedule for all retention periods.

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, worker or contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.

8. Rights of access, correction, erasure, and restriction

8.1. 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.

8.2. 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 you 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 you 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 Managing Director in writing.

8.3. 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). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

8.4. 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.

9. 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 Managing Director. 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.

If you have any complaints in relation to this Privacy Notice or otherwise in relation to our processing of your personal data, please tell us. We shall review and investigate your complaint and try to get back to you within a reasonable time. You can also contact the Information Commissioner, seehttp://www.ico.org.uk or if you are based outside of the United Kingdom, please contact your local regulatory authority

10. 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.