Privacy Notice

1. INTRODUCTION

Inspiring Futures Education (‘IFE’) is a group of independent, international boarding schools offering English language and academic pathway programmes to prepare students, for onward progression to mainstream boarding schools and universities.  The current IFE schools are Bishopstrow College and Padworth College.  Both schools appear on the Department for Education’s Register, are inspected by the Independent Schools Inspectorate and are accredited by the British Council for the teaching of English to international students in the UK.

This Privacy Notice is intended to provide information about how IFE’s schools will use, collect, store, share and destroy (or “process”) personal data about individuals including: their staff; their current, past and prospective students; and their parents, carers or guardians (referred to in this policy as “parents”).

This information is provided because Data Protection Law gives individuals rights to understand how their data is used.  Staff, parents, students and educational consultants and agents are all encouraged to read this Privacy Notice and understand the obligations of the IFE schools to their entire community.

This Privacy Notice applies alongside any other information IFE’s schools 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 the other relevant terms and conditions and policies of Bishopstrow College and Padworth College, including:

• any contract between the Colleges and their staff or the parents of students;
• their policy on taking, storing and using images of children;
• their retention of records policy;
• their safeguarding, pastoral, or health and safety policies, including as to how concerns or incidents are recorded; and
• their IT policies and procedures, including their acceptable use policy, e-safety policy, wi-fi policy, remote working policy and bring your own device policy.

Anyone who works for, or acts on behalf of, IFE’s schools (including staff, volunteers and service providers) should also be aware of and comply with this Privacy Notice, which also provides further information about how personal data about those individuals will be used.

IFE has appointed Sarah Miles, Head of Compliance and Operations as Privacy and Compliance Officer who will deal with all requests and enquiries concerning use of personal data (see

section on Your Rights below) and endeavour to ensure that all personal data is processed in compliance with this policy and Data Protection Law.

This Privacy Notice provides detailed information about how we process personal data.  Please read it carefully and if you have questions regarding your personal data or its use, please contact Sarah Miles, Head of Compliance and Operations by email on sarahm@bishopstrow.com; by telephone on 01985 219210; or, by post at Bishopstrow College, Bishopstrow, Warminster, Wiltshire, BA12 9HU.

2. TYPES OF PERSONAL DATA PROCESSED BY IFE SCHOOLS

This will include by way of example:

• Personal identifiers such as names, addresses, telephone numbers, email addresses and other contact details;
• Characteristics such as ethnicity and language;
• Car details (about those who use car parking facilities);
• Bank details and other financial information – e.g., about parents who pay fees to IFE’s schools;
• Past, present and prospective students’ academic, disciplinary, admissions and attendance records (including information about any special needs), and examination scripts and marks;
• Personnel files and contracts, including in connection with academics, employment or safeguarding;
• Where appropriate, information about individuals’ health and welfare (e.g., doctors’ information, child health, allergies, medication and dietary requirements), and contact details for their next of kin;
• References given or received by IFE’s schools about students, and relevant information provided by previous educational establishments and/or other professionals or organisations working with students;
• Correspondence with and concerning staff, students and parents past and present; and
• Images of students (and occasionally other individuals) engaging in activities at an IFE school (in accordance with the policy on taking, storing and using images of children).

3. COLLECTING, HANDLING AND SHARING PERSONAL DATA

Generally, IFE’s schools receive personal data from third parties (e.g., educational consultants or agents appointed by the student’s parents, or another school) and from the individual directly (including, in the case of students, from their parents).  Data may be collected via a variety of methods, including registration forms, medical questionnaires, staff contract information, child protection plans or simply in the ordinary course of interaction or communication (such as email or written assessments).

4. PURPOSES FOR WHICH WE PROCESS PERSONAL DATA

In order to carry out their ordinary duties to staff, students and parents, IFE’s schools need to process a wide range of personal data about individuals (including current, past and prospective staff, students or parents) as part of their daily operation.

Some of this activity IFE’s schools will need to carry out in order to fulfil their legal rights, duties or obligations – including those under a contract with their staff, or parents of students.

Other uses of personal data will be made in accordance with IFE’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.

IFE 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, including musical education, physical training or spiritual development, career services, and extra-curricular activities to students, and monitoring students’ progress and educational needs;
• Maintaining relationships with alumni and IFE’s community, 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 the performance of IFE’s schools and to intervene or assist with incidents as appropriate;
• To give and receive information and references about past, current and prospective students, including relating to outstanding fees or payment history, to/from any educational institution that the student attended or where it is proposed they attend; and 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 students;
• To safeguard students’ welfare and provide appropriate pastoral care;
• To monitor (as appropriate) use of IT and communications systems in accordance with the IFE school’s IT: acceptable use policy;
• To make use of photographic images of students in IFE publications, on the IFE, Bishopstrow or Padworth websites and (where appropriate) on IFE’s social media channels in accordance with policy on taking, storing and using images of children;
• To carry out or cooperate with any IFE school or external complaints, disciplinary or investigation process; and
• Where otherwise reasonably necessary for IFE’s purposes, including to obtain appropriate professional advice and insurance for the IFE schools.

In addition, IFE 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 school 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;
• To provide spiritual education in the context of any religious beliefs;
• In connection with employment of its staff, for example DBS checks, welfare, union membership or pension plans;
• As part of any IFE school’s or external complaints, disciplinary or investigation process that involves such data, for example if there are special educational needs, 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.

5. WHO HAS ACCESS TO PERSONAL DATA AND WHO IFE SHARES IT WITH

Occasionally IFE’s schools will need to share personal information relating to their community with third parties, such as:

• Professional advisers (e.g., lawyers, insurers, PR advisers and accountants);
• Government authorities (e.g., HMRC, the Department for Education, UKVI, police or the local authority);
• Appropriate regulatory bodies – e.g., the Independent Schools Inspectorate, or the Information Commissioner;
• Destination schools; and
• Destination universities.

For the most part, personal data collected by IFE’s schools will remain within the IFE school, 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 student’s relevant information and information about a student’s allergies will need to be provided to staff more widely in the context of providing the necessary care and education that the student requires.

Staff, students and parents are reminded that IFE’s schools are under duties imposed by law and statutory guidance (including Keeping Children Safe in Education) 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 Designated Officer for Allegations or police.  For further information about this, please view the College’s Safeguarding Policy.

Finally, in accordance with Data Protection Law, some of the IFE school’s processing 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 IFE school’s specific directions.

6. KEEPING IN TOUCH AND SUPPORTING THE IFE SCHOOL

Each IFE school will use the contact details of parents, educational consultants and agents, alumni and other members of the IFE school’s community to keep them updated about the activities of the school, or alumni and parent events of interest, including by sending updates and newsletters, by email and by post.  Unless the relevant individual objects, the IFE school will also:

• Share personal data about parents and/or alumni, as appropriate, with organisations set up to help establish and maintain relationships with the College community, such as an Alumni Association;
• Contact parents and/or alumni by post and email in order to promote and raise funds for the IFE school and, where appropriate, other worthy causes;
• Should you wish to limit or object to any such use, or would like further information about them, please contact Sarah Miles, Head of Compliance and Operations in writing. You always
• Have the right to withdraw consent, where given, or otherwise object to direct marketing or fundraising. However, the IFE school is nonetheless likely to retain some of your details (not least to ensure that no more communications are sent to that particular address, email or telephone number).

7. HOW LONG WE KEEP PERSONAL DATA

Each IFE school 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 personnel files is up to 7 years following departure from the IFE school.  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 Sarah Miles, Head of Compliance and Operations.  However, please bear in mind that the IFE school 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. YOUR RIGHTS

Rights of Access, etc.

Individuals have various rights under Data Protection Law to access and understand personal data about them held by the IFE school, and in some cases ask for it to be erased or amended or have it transferred to others, or for the IFE school to stop processing it – but 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 Sarah Miles, Head of Compliance and Operations.

The IFE school 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).

The IFE school will be better able to respond quickly to smaller, targeted requests for information. If the request for information is manifestly excessive or similar to previous requests, the IFE school may ask you to reconsider, or require a proportionate fee (but only where Data Protection Law allows it).

Requests that Cannot be Fulfilled

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 (and parents need to be aware this may include their own children, in certain limited situations – please see further below), or information which is subject to legal privilege (for example legal advice given to or sought by the IFE school, or documents prepared in connection with a legal action).

The IFE school is also not required to disclose any student examination scripts (or other information consisting solely of student test answers), provide examination or other test marks ahead of any ordinary publication, nor share any confidential reference given by the IFE school 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 your (or your child’s) 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.

Student Requests

Students can make subject access requests for their own personal data, provided that, in the reasonable opinion of the IFE school, they have sufficient maturity to understand the request they are making (see section Whose Rights? below).  A student of any age may ask a parent or other representative to make a subject access request on his/her behalf.

Indeed, while a person with parental responsibility will generally be entitled to make a subject access request on behalf of younger students, the law still considers the information in question to be the child’s: for older students, the parent making the request may need to evidence their child’s authority for the specific request.

Students aged 14+ 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.  Younger students may however be sufficiently mature to have a say in this decision, depending on the child and the circumstances.

Parental Requests, etc.

It should be clearly understood that the rules on subject access are not the sole basis on which information requests are handled.  Parents may not have a statutory right to information, but they and others will often have a legitimate interest or expectation in receiving certain information about students without their consent.  The IFE school may consider there are lawful grounds for sharing with or without reference to that student.

Parents will in general receive educational and pastoral updates about their children, including Individual Learning Plans.  Where parents are separated, the IFE school will in most cases aim to provide the same information to each person with parental responsibility, but may need to factor in all the circumstances including the express wishes of the child.

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.

Consent

Where the IFE school 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.  Please be aware however that the IFE school 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).

Whose Rights?

The rights under Data Protection Law belong to the individual to whom the data relates. However, the IFE school will often rely on parental authority or notice for the necessary ways it processes personal data relating to students – for example, under the parent contract, or via a form.  Parents and students should be aware that this is not necessarily the same as the IFE school relying on strict consent (see section on Consent above).

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 or under their contract, and all the circumstances.

In general, the IFE school 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 student’s activities, progress and behaviour, and in the interests of the student’s welfare.  That is unless, in the IFE school’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, the IFE school may be under an obligation to maintain confidentiality unless, in the IFE school’s opinion, there is a good reason to do otherwise; for example where the IFE school 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 the IFE school’s IT: acceptable use policy and the IFE school’s rules. Staff are under professional duties to do the same as outlined in the Staff Code of Conduct.

9. DATA ACCURACY AND SECURITY

The IFE school will endeavour to ensure that all personal data held in relation to an individual is as up to date and accurate as possible.  Staff must please notify Stuart Nicholson, Principal of Bishopstrow College or Lorraine Atkins, Principal of Padwoth College of any significant changes to important information, such as contact details, held about them.   Other individuals must please notify Sarah Miles, Head of Compliance and Operations.

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 the IFE school may need to process your data, of who you may contact if you disagree.

The IFE school 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 the IFE school’s systems.  All staff and proprietors will be made aware of this policy and their duties under Data Protection Law and receive relevant training.

10. THIS POLICY

IFE will update this Privacy Notice from time to time.  Any substantial changes that affect your rights will be provided to you directly as far as is reasonably practicable.

11. QUERIES AND COMPLAINTS

Any comments or queries on this policy should be directed to Sarah Miles, Head of Compliance and Operations by email on sarahm@bishopstrow.com; by telephone on 01985 219210; or, by post at Bishopstrow College, Bishopstrow, Warminster, Wiltshire, BA12 9HU.

If an individual believes that an IFE school has not complied with this Policy or acted otherwise than in accordance with Data Protection Law, they should utilise the IFE school’s complaints procedure and should also notify Sarah Miles, Head of Compliance and Operations.  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 the IFE school before involving the regulator.

December 2020