WHO WE ARE
Colman Creative Academy(the “Academy”) acts as the Data Controller for the purpose of Data Protection Law.
221 Campkin Road, Cambridge, CB4 2LE
DATA PROTECTION LAW
General Data Protection Regulation (EU 2016/679)
UK Data Protection Act 2018
WHY THE ACADEMY NEEDS TO PROCESS PERSONAL DATA
In order to carry out its ordinary duties to teachers, students and parents, the academy needs to process a small range of personal data about individuals (including current, past and prospective teachers, students or parents) as part of its daily operation. Some of this activity, the academy will need to carry out in order to fulfil its legal rights, duties or obligations – including those under a contract with its teachers, or parents of its students. Other uses of personal data will be made in accordance with the academy'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 Academy expects that the following uses will fall within that category of its “legitimate interests”:
• To provide performance arts education and artistic services,
• Maintaining relationships with alumni (see below) and the School community
• 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 Academy'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 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 examinations, and to publish the results of examinations or other achievements of students of the Academy;
• To safeguard students’ welfare
• To make use of photographic images of students in Academy publications, on the Academy website and (where appropriate) on the Academy's social media channels
• To carry out or cooperate with any academy or external complaints, disciplinary or investigation process; and
• Where otherwise reasonably necessary for the Academy's purposes, including to obtain appropriate professional advice and insurance for the Academy.
In addition, the Academy will on occasion need to process special category personal data (concerning health, ethnicity, religion) 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 to safeguarding and instructor agreements, or from time to time by explicit consent where required. These reasons will include:
• To safeguard students’ welfare 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, or for insurance purposes
• To provide educational services in the context of any special educational needs of a student;
• In connection with employment of its instructors
types of personal data processed by the academy
This will include by way of example:
• names, addresses, telephone numbers, e-mail addresses and other contact details;
• past, present and prospective students’ attendance records, information about any special needs, and examination marks;
• personnel files, for the use of safeguarding;
• where appropriate, information about student and staff health, and contact details for their next of kin;
• references given or received by the Academy about students, and information provided by previous dance education establishments and/or other professionals or organisations working with students;
• correspondence with and concerning instructors, pupils and parents past and present;
• transaction and order details
• demographic information
• information relating to surveys and other feedback
HOW THE ACADEMY COLLECTS DATA
Generally, the Academy receives personal data from the individual directly (including, in the case of students, from their parents). This may be via an online form, the customer portal, or simply in the ordinary course of interaction or communication (such as email or written assessments). However, in some exceptionally rare cases personal data maybe supplied to third parties (for example the local authority in the event of a safeguarding incident).
HOW WE USE DATA
• We do not and never will sell, rent, trade or distribute your personal data to any third parties for marketing purposes. Data may be shared with trusted service providers who are authorised to act on the Academy's behalf and have entered into data processing agreements with us.
• These services may include payment processing, event ticketing, database services, website hosting and email delivery services. In these circumstances your data will only be used for the agreed purpose relating to the service that they are providing. We do not transfer any personal data to countries outside of the European Economic Area (EEA).
WHO HAS ACCESS TO PERSONAL DATA AND WHO THE ACADEMY SHARES IT WITH
Occasionally, the Academy will need to share personal information relating to its community with third parties, such as professional advisers (lawyers, insurers, PR advisors and accountants), government authorities (HMRC, police or the local authority); and appropriate regulatory bodies.
• For the most part, personal data collected by the Academy will remain within the Academy and will be processed by appropriate individuals only in accordance with access protocols (ie on a‘need to know’ basis). Particularly strict rules of access apply in the context of medical records held and safeguarding files.
• However, a certain amount of any SEN student’s relevant information will need to be provided to instructors more widely in the context of providing the necessary care and dance education that the student requires.
• Instructors, students and parents are reminded that the Academy 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 the police.
• Finally, in accordance with Data Protection Law, some of the Academy'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 Academy's specific directions.
HOW LONG WE KEEP PERSONAL DATA
• The 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 instructor and student personnel files is up to 7 years following departure from the Academy. However, incident reports and safeguarding files will need to be kept much longer, in accordance with specific legal requirements.
KEEPING IN TOUCH AND SUPPORTING THE SCHOOL
• The Academy will use the personal data of parents, alumni and other members of the Academy community so that we may keep them informed, by post, mobile phone or email, of the Academy's developments, provide opportunities to attend events, and identify ways they can support the Academy. We may occasionally submit surveys to gain their feedback and views to help improve the service we currently deliver.
• We may also keep personal data of alumni and provide a resource for alumni to support their professional career and/or public image.
• Should you wish to limit or object to any such use, or would like further information about them, please contact email@example.com. You always have the right to withdraw consent, where given, or otherwise object to direct marketing. However, the Academy may need nonetheless to retain some of your details (not least to ensure that no more communications are sent to that particular address, email or telephone number).
RIGHTS OF ACCESS
• Individuals have various rights under Data Protection Law to access and understand personal data about them held by the Academy , and in some cases, ask for it to be erased or amended or have it transferred to others, or for the School to stop processing it.
• The 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 School may ask you to reconsider or require a proportionate fee, but only
where Data Protection Law allows it.
You should be aware that certain data is exempt from the right of access. This may include information which identifies other individuals, or information which is subject to legal professional privilege by the Academy for the purposes of the education, training or employment of any individual.
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 professional privilege (for example legal advice given to or sought by the academy, or documents prepared in connection with a legal action).
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 pupils without their consent. The academy may consider there are lawful grounds for sharing with or without reference to that student.
Parents will in general receive verbal updates about their children when requested, as well as their weekly notes. Where parents are separated, the 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, or 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.
Where the Academy 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). Please be aware however that the academy may have another lawful reason to process the personal data in question even without your consent.
The rights under Data Protection Law belong to the individual to whom the data relates. However, the academy will often rely on parental authority or notice for the necessary ways it processes personal data relating to students.
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 academy will assume that students’ consent is not required for ordinary disclosure of their personal data to their parents, eg 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 Academy '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 Academy may be under an obligation to maintain confidentiality unless, in the Academy's opinion, there is a good reason to do otherwise; for example where the Academy 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. Instructors are under professional duties to do the same.