GDPR Compliance Policy

General Data Protection Regulation (GDPR) Policy

• Who are the Data Controllers?
• Purpose of this Policy
• GDPR Responsibility
• Reasons for Processing Personal Data
• Types of Personal Data Processed
• How are data collected?
• Who has Access to Personal Data and How are Data Shared?
• Data Retention
• Communications with Clients
• User Rights
  • Rights of Access
  • Unfulfilled Requests
  • User Requests
  • Consent
  • Whose Rights?
• Data Accuracy and Security
• Conflict with Local Laws and Regulations
• Updates to the GDPR Compliance Policy
• Language and Interpretation
• Questions and Complaints

Back to Top

 

Who are the Data Controllers?

Each of the client entities , e.g., Companies, Brands, Creators, Designers, Influencers, and others (hereinafter referred to as the "Client" or "Clients") are the Data Controllers for the purposes of GDPR. You may contact the Client at the address and contact information provided to you on the Client's home page.

Back to Top

 

Purpose of this Policy

This policy is intended to provide information about how the Client will use (or "process") personal data about individuals including its employees, consultants, contractors, and staff; and its current, past and prospective employees, consultants, vendors, suppliers, contractors, and staff (hereinafter referred to as the "Individuals"). Collectively, these Individuals are referred to as the Client’s Community.

This information is provided because GDPR gives individuals rights to understand how their data are used. Employees, consultants, vendors, suppliers, contractors, staff, and service providers are all encouraged to read this Policy and understand the Client’s obligations to its entire Community. This Policy shall apply alongside any other information the Client or Entity may provide about a particular use of personal data, for example when collecting data via a survey or a paper form.

This Policy shall also apply in addition to the Client's other relevant terms and conditions and policies, including:

• any contract between the Client and its Individuals;
• the Client's policy on taking, storing, and using images of Individuals;
• the Client’s retention of records policy;
• the Client's safeguarding, health, or safety policies, including as to how problems or incidents are recorded; and
• the Client's Information Technology Acceptable Use policy.

Anyone who works for, or acts on behalf of, the Client, including employees, consultants, vendors, suppliers, contractors, staff, and service providers, should also be aware of and comply with the Client's GDPR Policy, which also provides further information about how personal data about those Individuals will be used.

Back to Top

 

GDPR Responsibilities

The Clients would have appointed one of their Individuals as their GDPR Lead. The GDPR Lead will deal with all user requests and inquiries concerning their Client’s uses of personal data and endeavor to ensure that all personal data are processed in compliance with this Policy and GDPR regulations.

Back to Top

 

Reasons for Processing Personal Data

To carry out its ordinary duties to Individuals, the Client has to process a wide range of personal data about Individuals, including current, past, and prospective Individuals, as part of its daily operation. Some of this activity the Client must carry out to fulfill its legal rights, duties or obligations – including those under a contract with its Individuals.

Other uses of personal data will be made in accordance with the Client’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. The Client expects that the following uses 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, career services, and extra-curricular activities to students, and monitoring and reporting on student progress and educational needs;
• To provide transport to and from the Client;
• For maintaining relationships with alumni and the Client's Community, including social activities and fundraising activity;
• 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 Client's performance and to intervene or assist with incidents as appropriate;
• To give and receive information and references about past, current and prospective students, including relating to outstanding fees or payment history, to/from any Client that the students 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 of the Client;
• To safeguard students' welfare and provide appropriate care;
• To monitor, as appropriate, use of the Client's information technology and communications systems in accordance with the Client's IT: Acceptable Use Policy;
• To make use of photographic images of staff, students and/or parents in the Client's publications, on the Client's website and where appropriate on the Client's social media channels in accordance with the Client's policy on taking, storing, and using images of students;
• For security purposes, including Closed Circuit Television (CCTV) in accordance with the Client’s CCTV policy;
• To carry out or cooperate with any Client or external complaints, disciplinary, or investigation process; and
• Where otherwise reasonably necessary for the Client's purposes, including to obtain appropriate professional advice and insurance for the Client.

In addition, the Client will on occasion need to process special category personal data concerning health, ethnicity, religion, biometrics, or sexual life, or criminal records information in accordance with rights or duties imposed on it by law. This includes as regards safeguarding and employment, or from time to time by explicit consent where required. Reasons for processing will include:

• To safeguard students' welfare and provide appropriate care, 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 organizers of Client trips who need to be made aware of dietary or medical needs;
• To provide educational services in the context of any special educational needs of a student;
• In connection with employment of its staff, for example payroll payments, welfare, union membership, or pension plans;
• As part of any Client or external complaints, disciplinary or investigation process that involves such data, health, or safeguarding elements; or
• For legal and regulatory purposes, e.g., for example child protection, diversity monitoring, and health and safety, and to comply with its legal obligations and duties of care.

Back to Top

 

Types of Personal Data Processed

Personal data processed shall include by way of example:

• names, addresses, telephone numbers, e-mail addresses and other contact details;
• car details, such as those who use the Client's car parking facilities;
• bank details and other financial information, e.g., about parents who pay fees to the Client;
• past, present, and prospective students' academic, disciplinary, admissions, and attendance records, including information about any special needs, and examination scripts and marks;
• personnel files, including in connection with academics, employment, or safeguarding;
• where appropriate, information about individuals' health and welfare, and contact details for their next of kin;
• references given or received by the Client about students, and relevant information provided by previous educational establishments and/or other professionals or organizations working with students;
• correspondence with and concerning staff, students, and parents past and present; and
• images of students (and occasionally other individuals) engaging in the Client's activities, and images captured by the Client's CCTV system (in accordance with the Client's policy on taking, storing, and using images of children);

Back to Top

 

How are Data Collected?

Generally, the Client receives personal data from the individual directly, including, in the case of students, from their parents. This may be via a form, or simply in the ordinary course of interaction or communication, such as email or written assessments. However, in some cases personal data will be supplied by third parties; for example another Client, or other professionals or authorities working with that individual.

Back to Top

 

Who has Access to Personal Data and How are Data Shared?

Occasionally, the Client will need to share personal information relating to its community with third parties, such as:

• professional advisors, e.g., lawyers, insurers, advisers, and accountants;
• government authorities, e.g. police or the local authorities;
• organizers of sporting or extra-curricular events in which the Client’s students are participating;
• operators of transport services for the Client;
• examination boards; and
• appropriate regulatory bodies e.g., the teaching regulation entity,

For the most part, personal data collected by the Client will remain within the Client, 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, which are held and accessed only by the Client nurses and appropriate medical staff under his or her supervision, or otherwise in accordance with express consent; and
• safeguarding files.

However, a certain amount of any student’s relevant information 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 the Client is under duties imposed by law and statutory guidance to record or report incidents and concerns that arise or are reported to it, in some cases regardless of whether they are proven, if they meet a certain threshold of seriousness in their nature or regularity. This is likely to include file notes on personnel or safeguarding files, and in some cases referrals to relevant authorities such as law enforcement agencies.

Finally, some of the Client’s processing activity is carried out on its behalf by third parties, such as IT systems, Web developers, or cloud storage providers. This activity is always in accordance with GDPR, and only in accordance with the Client’s specific directions. It is always subject to contractual assurances that personal data will be kept securely, including data that are transferred to the EU, Iceland, Liechtenstein, Norway; or outside the European Economic Area (EEA). If the parent of a student is based in the EU Iceland, Liechtenstein, Norway; or outside the EEA, we may transfer a student’s personal data to the correspondence address provided by that parent, explaining to the Data Controller at the end destination that we can still share personal data lawfully with them now that the UK has left the EU. We will take all reasonable steps to ensure that such transfers are secure. When the Client receives data from the EU, Iceland, Liechtenstein, or Norway, then the GDPR Lead at the Client will need to identify where within the EU the data originated and determine who the data controllers and processors are and where the data are stored.

Back to Top

 

Data Retention

The Client will retain personal data only for the length of time necessary for a legitimate and lawful reason. To determine the appropriate retention period for personal data, Clients consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure, the purposes for which your personal information is processed, and whether those purposes can be achieved through other means. At Clients, usually files for accounting purposes are retained for three years, ordinary student files are normally retained until a student’s 25th birthday, and ordinary staff files are normally retained for six years following the conclusion of employment. However, incident reports and safeguarding files are retained in accordance with specific legal requirements. Where a minimum retention period is required by law, the Clients shall comply with that minimum period plus up to 12 months to allow time for its system administrators to anonymize or delete information in accordance with our internal processes.

A limited and reasonable amount of information will be kept indefinitely for archiving purposes. Access to archives is strictly limited. If you have any specific queries about how our retention policy is applied, or wish to request that personal data you no longer believe to be relevant is considered for erasure, please contact the GDPR Lead at the Client. However, please bear in mind that the Client will often have lawful and necessary reasons to hold on to some personal data, even following such request. Also, note that even where you have requested we no longer keep in touch with you, we will need to keep a record of the fact to fulfill your wishes.

Back to Top

 

Communications with Clients

The Client will use the contact details of parents, alumni and other members of the Client community to keep them updated about the activities of the Client, or alumni and parent events of interest, including by sending updates and newsletters, by email and by electronic notifications. Unless the relevant individual objects, the Client will also:

• Share personal data about parents and/or alumni, as appropriate, with organizations set up to help establish and maintain relationships with the Client's Community;
• Contact parents and/or alumni by email to promote and raise funds for the Client or other worthy causes;
• Should you wish to limit or object to any such use, or would like further information about them, please contact the GDPR Lead at the Client. You always have the right to withdraw consent, where given, or otherwise object to direct marketing or fundraising. However, the Client 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.

Back to Top

 

User Rights

 

Rights of Access

Individuals have various rights under GDPR to access and understand personal data about them held by the Client, and in some cases ask for it to be erased or amended, to have it transferred to others, or for the Client to stop processing it – but this is subject to certain exemptions and limitations. Individuals wishing to access or amend their personal data, or wishing said data to be transferred to another person or organization, or who has some other objection to how their personal data are used, should put their request in writing to the GDPR Lead at the Client.

The Client will endeavor to respond to any such written requests as soon as it is reasonably practicable and in any event within statutory time-limits, which vary between one and three months depending on the type of requests for access to information, or more complex requests. The Client will be better able to respond quickly to smaller, targeted requests for information made during the academic year. If the request for information is manifestly excessive or similar to previous requests, the Client may ask you to reconsider, or require a proportionate fee, but only where data protection laws in your country allow such fees.

Back to Top

 

Unfulfilled Requests

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. Such exempted data include information that identifies other individuals (parents must be aware this exemption may include their own children, in certain limited situations), or information which is subject to legal privilege, e.g., legal advice given to or sought by the Client, or documents prepared in connection with a legal action.

The Client might not be 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, or share any confidential reference given by the Client itself for the purposes of the education, training, or employment of any individual.

You may be familiar with the "right to be forgotten". However, Clients will sometimes have compelling reasons to refuse specific requests to amend, delete, or stop processing your (or your child's) personal data, e.g., a legal requirement, or where it falls within a legitimate interest identified in this Policy. All such requests will be considered on their own merits.

Back to Top

 

User Requests

Students can make subject access requests for their own personal data, provided that, in the reasonable opinion of the Client, 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 or 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 13 and above are generally assumed to have this level of maturity, although this will depend on laws and regulations in your country, the child, and the personal data requested, including any relevant circumstances at home. Slightly younger children may however be sufficiently mature to have a say in this decision, depending on the child and the circumstances.

Back to Top

 

Consent

Where the Client 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 Clients do rely on consent are: use of student images together with full name. However, please be aware that the Client may not be relying on consent but have another lawful reason to process the personal data in question, even without your consent. That other lawful reason will usually have been asserted under this Policy, 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 organization, such as an alumni or parents/teachers association has been requested.

Back to Top

 

Whose Rights?

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

Where consent to process data is required, it may in some cases be necessary or appropriate 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 student 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 behavior, and in the interests of the student's welfare. That is unless, in the Client'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 Client may be under a legal obligation to maintain confidentiality. Exceptions to this may be if, in the Client's opinion, there is a good reason to do otherwise; for example where the Client 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 Client's IT Acceptable Use Policy and the Client rules. Staff are under professional duties to do the same covered under the relevant staff policies.

Back to Top

 

Data Accuracy and Security

The Client will endeavor to ensure that all personal data held in relation to an individual are as up to date and accurate as possible. Individuals must notify the relevant Client staff of any significant changes to important information, such as contact details, held about them. An individual has the right to request that any out-of-date, irrelevant, or inaccurate information about them is erased or corrected, subject to certain exemptions and limitations under GDPR. Refer to the sections above for details of why the Client may need to process your data, and who you may contact if you disagree. The Client will take appropriate technical and organizational steps to ensure the security of personal data about individuals, including policies around use of technology and devices, and access to Client systems. All staff and directors will be made aware of this policy and their duties under GDPR and receive relevant training.

Back to Top

 

Conflict with Local Laws and Regulations

In the event that any provision, term, or condition within this Policy, including any related documents, guidelines, or agreements, contradicts or conflicts with applicable local laws or regulations, such provision, term, or condition shall be deemed null and void to the extent of such contradiction or conflict. The remaining provisions, terms, and conditions of this Policy shall remain in full force and effect. This clause is intended to ensure that this Policy remains compliant with the prevailing legal requirements of the jurisdiction in which it operates. In cases where any part of this Policy is found to be in contravention of local laws or regulations, such conflicting portion shall not be enforceable, and all other aspects of this Policy shall continue to apply as intended.

Back to Top

 

Updates to the GDPR Compliance Policy

Smart Innovations may update this GDPR Compliance Policy to reflect changes in legal requirements, industry practices, or the operation of the Application. In case of material changes, the Company will provide notice through appropriate channels and obtain any required verifiable parental consent.

Back to Top

 

Language and Interpretation

You acknowledge and agree that this Agreement is drafted in English and that any translation of this Agreement into any other language is provided for convenience only. In the event of any discrepancy or inconsistency between the English version and any translated version, the English version shall prevail and be used to interpret the terms and conditions of this Agreement.

Back to Top

 

Questions and Complaints

If you have a question about this Policy or the Client's handling of your information, you can send contact the Client's GDPR Lead mentioned on its home page. If you believe that the Client has not complied with this Policy or acted otherwise than in accordance with GDPR, you should utilize the Client's Complaints procedure and should also notify the Client's GDPR Lead and its principal or headmaster. You can also make a referral to or lodge a complaint with the regulator, although the regulator recommends that steps are taken to resolve the matter with the Client before involving the regulator.

If you have any other questions, you may contact us at:

Smart Innovations AI, Inc.
Privacy Officer
1032 E Brandon Boulevard #1550
Brandon, Florida 33511-5509
United States

Tel:  +1 (813) 322-2780
Email: gdpr@smartinnovationsinc.com

 

Back to Top