1. Introduction

Fresh Start in Education Ltd is a specialist Interim Engagement and Education Service. We work with some of the most vulnerable children and young people and 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 occasionally parents/carers. All data processed by the Company is for the purpose of fulfilling our Contract with the body that commissions our services.

The Company’s purpose is to engage with students and return them to formal or specialist education or, where appropriate, engage them in the workplace and secure long-term employment or apprenticeship.

The Data Protection Officer can be contacted by emailing dataprotectionofficer@freshstartedu.co.uk or

by writing to:

The Data Protection Officer,

Fresh Start in Education Ltd,

Castle House,

Castle Hill Avenue,

Folkestone,

Kent

CT20 2TQ.

2. Definitions Used in this Privacy Notice

The following definitions will be used throughout the policy:

Fresh Start in Education Ltd will be referred to as ‘the Company’ throughout the Privacy Notice.
The term ‘staff’ in used to cover all Company employees, contractors and workers.
The term ‘Education Specialist’ will be used to cover staff working with students in a provision and or staff accompanying students during a work placement.
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 that information.
The term ‘Information’ refers to any fact or detail which is not ‘Personal Data’.
The term ‘Mobile Data’ refers to data communicated wirelessly between a handheld and or a portable device(s).
The ‘Data Protection Officer’ (DPO) may be contacted in writing at the Data Protection Officer, Fresh Start in Education Ltd, Castle House, Castle Hill Avenue, Folkestone, Kent. CT20 2TQ, or by email: dataprotectionofficer@freshstartedu.co.uk.
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.

3. Why We Need to Collect and Process Personal Information

Personal Data is processed as necessary by the Company’s staff to ensure that the students placed with us get the maximum benefit from their time with us and are safeguarded effectively. We collect Personal Data that is submitted to us by the Client, including the details of the Client and their staff, and also during our Impact, Engagement and Education Plan (IEEP) meeting, to ensure that we have a full understanding of the student’s needs and aspirations. We use this Personal Data to help us choose the most suitable Education Specialist and to design a bespoke Personal Learning Plan (PLP), to ensure that we give the student the best opportunities to achieve the goals set.

3.1. Students and their Parents/Carers

We keep Personal Data relating to the referral or placement of a student in order to:

Perform the Contract that we have with the Client and in order to pursue the legitimate business interests of the Company.
Review and assess the effectiveness of the service.
Ensure that we can respond effectively to any questions about the behaviour or progress of students, and the effectiveness of staff or the Company’s service.
Ensure that we can properly respond to any safeguarding or legal concerns or enquiries at any time.

Students and their parents/carers’ Personal Data is never used for direct marketing purposes. Apart from day-to-day contact with students and their parents/carers during the course of a provision, the only other contact we may have will be to obtain feedback in connection with a provision.

3.2. Clients

Personal Data, that we hold on those who commission our services, is collected and held to ensure that we can fulfil any Contract, and for the legitimate business interests of the Company. Contact details may be used for direct marketing from time to time to keep Clients and potential Clients up to date with any changes to our services. Clients can choose to opt out from these communications if they wish.

3.3. Applicants

We keep Personal Data of people who apply to work for us, in order to process their application. Unsuccessful applicant’s data is stored for no more than 24 months after they are informed of our decision regarding employment, unless it is necessary to keep Personal Data for Public Interest or legal reasons. After 24 months, Personal Data is deleted or anonymised, unless retained for reasons given.

3.4. Staff

Staff Personal Data is kept for up to 85 years.

4. The Information We May Collect, Hold and Process on a Data Subject

The information that we may collect, hold and process on a Data Subject will depend entirely on their relationship with us. For example, most of the information we hold is about students. This covers education, engagement, behaviour, activities, special needs, abilities, and any other relevant information. Personal Data relating to parents/carers is generally limited to contact information and correspondence but may include additional Personal Data as required, to perform a Contract or fulfil our legal obligations. We do not use the Personal Data of parents/carers or others involved with a student’s life or wellbeing, for marketing purposes.

The only information that we hold for marketing purposes relates to Clients, whose information we keep up to date with existing and new services that we offer, with the option to opt out. See section 5 for information on how we use Personal Data.

5. How We Use Your Personal Data

5.1. Students

We use your Personal Data to:

Contact you by email, phone or letter in connection with our work with you.
Arrange and conduct an assessment of your needs and aspirations.
Choose a suitable staff member to work with you.
Prepare a Personal Learning Plan and to review and update this during your time with us.
Report on your progress to the Client, including examples of work that you have done, behaviour, attendance and any other matters relating to your safety or education.
Liaise with your school, college or place of learning or employment.
Contact your parents/carers in an emergency, or for information and assistance in fulfilling our Contract with the Client.
Gain feedback on how you feel the service has worked or is working for you.
Compare the results of different groups of students with each other by age, location, ethnicity, and any other factor required by law or during any legitimate inspection of, or enquiry about, the service, by a Client.
Maintain a record of your time with us to respond to any legitimate enquiries.
Perform the requirements of our Contract with the Client.
Fulfil the legitimate interests of the business.
Comply with legal and regulatory requirements.
Statistical analysis, research, and the development of products and or service(s).

5.2. Parents and/Carers

We use your Personal Data to contact you about the student, in order to fulfil our legal and regulatory obligations. This Personal Data will be used to:

Contact you about the student by email, phone or letter.
Arrange meetings and maintain Safeguarding for the provision.
Collect feedback from you about the service.
Keep records of conversations and correspondence.
Perform the requirements of our Contract with the Client.
Fulfil the legitimate interests of the business.
Comply with legal and regulatory requirements.
Statistical analysis, research, and the development of products and or service(s).

5.3. Clients

Information on those who commission our services or who may commission our services is used to:

Contact you about a student by email, phone or letter.
Keep records of conversations and correspondence.
Perform the requirements of our Contract with you.
Fulfil the legitimate interests of the business.
Comply with legal and regulatory requirements.
Collect feedback from you about the service.
Statistical analysis, research, and the development of products and or service(s).
Contact you about the service or potential use of the service and any changes.

6. How We Collect Your Personal Data

6.1. Students

We collect your Personal Data, when a Client refers you to us. Once received, we will contact your parents/carers to meet with them, with you, and with any other person involved in your care, support and education his meeting is called an Impact, Engagement and Education Plan (IEEP) meeting. We use these meetings to gain relevant information about you, to enable us to develop an effective plan for you during your time with us. This information may be recorded on forms, notes made during meetings, telephone calls, documents provided by the Client, or other correspondence you or another party may have with us by any means.

6.2. Parents/Carers

We are provided with your Personal Data by the Client and during our meetings with you or correspondence with you. This may be from face-to-face meetings, documents provided to us by the Client, telephone calls or corresponding with us by any means.

6.3. Clients

Information is gathered from direct contact by you with us, by telephone, email or letter, a Referral Form, Reports or your corresponding with us, including any enquiry forms that you complete, marketing events you attend where we have a presence; for example, a trade show and or conferences, mailing lists from third parties to which you have subscribed, our own research of information that is in the public domain or public sources, but in all cases only as permitted by applicable law. This also includes any information you provide through our Client Portal, which may include technical information such as IP Address, login information, user name, browser information including plug-ins, page interaction information, and usage methods, URL, dates and times of visits.

7. Disclosure of Personal Data

7.1. Students

We are appointed by a Client for our services to work with you to help you get back into school, college or into work. We will share information about your progress, to inform them about how you are doing. This information may include some or all of the following:

Your attendance at sessions, including time keeping and any absences.
How you engage with us and how you get on with learning, together with examples of work that you do.
How you behave and your general attitude.
Any concerns we have about your safety.
Conversations that we have had with your parents/carers about you.
Information that we are legally required to give.
Any information necessary to fulfil the requirements of the Contract that we have with the Client.

7.2. Parents/Carers

We will only disclose information about you to our staff and the commissioning body in connection with the engagement, education and safety of the student and others associated with them, and in order to perform the Contract, unless required otherwise by law.

7.3. Clients

Information about Clients is shared with staff and member companies within the group only, unless otherwise instructed in order to perform a Contract, with prior agreement, or as required by law.

8. Data Retention

We may retain Personal Data 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, as required by law, and for our lawful business processing. We regularly review our records to ensure that we only retain Personal Data for as long as necessary for the purposes set out in this Privacy Notice.

Where we no longer need Personal Data, we will dispose of it, or anonymise it, so that the Data Subject is no longer identifiable, or delete it in a secure manner, without further notice to you.

9. Automated Decisions

We do not use Personal Data to make automated decisions.

10. Mobile Data

The main use of Mobile Data is to fulfil the requirements of our Lone Working Policy, to ensure the safety of staff and students. This is done using a secure web browser on a mobile device and access to Personal Data is strictly limited to names and times of arrival and departure. For all uses of Mobile Data, password protection and encryption are used to ensure data cannot be breached and that individuals cannot be identified.

11. Marketing

We do not use the Personal Data of any student, parent or carer for marketing purposes. Organisations that commission our services and those that could benefit from doing so may receive information on services, updates, information and news items from time to time, with the option to opt out from these, if preferred.

12. Transfer of Data Outside the UK or the European Economic Area

No Personal Data is transferred outside the UK or the European Economic Area.

13. Storage and Security of Personal Data

The security and storage of your Personal Data is very important to us. The Personal Data we collect from you is stored on secure servers, protected through a combination of physical and electronic access controls, firewall technology and other security measures. In addition, when we create payment instructions and pass them to our banking partners, they will be encrypted using secure technology.

We have put measures in place to guard against unauthorised or unlawful processing and against accidental loss, destruction or damage.

If you contact us, we may ask some questions to establish your identity and will not disclose any personal information, under any circumstances, unless we are satisfied that you are who you claim to be.

Although we use market standard security software to protect Personal Data, we cannot guarantee the security of Personal Data transmitted by you or your agent to our websites, secure portals, applications or services - any transmission is at your own risk.

Once we have your Personal Data, we use strict procedures and security features to prevent unauthorised access. If you have a username and password to access certain areas of our websites, applications or services, please keep these confidential.

We do not have access to passwords. If you believe your account has been compromised, please contact the DPO immediately at: dataprotectionofficer@freshstartedu.co.uk.

In the event of any Data breach, the relevant parties will be contacted within the requirements of the law.

14. Cookies

Our website(s) may use Cookies to distinguish visitors from other users of the website and to help us to improve our website, applications and services.

For detailed information on our use of Cookies, please see our Cookie Policy on our website.

We are committed to protecting your privacy and want to ensure that you understand how we collect, use, and disclose information. This Privacy Policy update specifically addresses our use of Google Analytics Advertising Features and provides information on how you can opt-out of these features.

14.1. Google Analytics Advertising Features

We have implemented certain Google Analytics Advertising Features on our website. These features allow us to better understand and optimize our website's performance and deliver more relevant content and advertisements to our visitors. The Google Analytics Advertising Features we have implemented include:

Remarketing
Google Display Network Impression Reporting
Google Analytics Demographic and Interest Reporting
Double Click Campaign Manager
Double Click Bid Manager
Google Display Network
User-ID Tracking
Google Signals

14.2. Use of Cookies and Identifiers

When you visit our website, we and our third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, as well as third-party cookies (such as Google advertising cookies) or other third-party identifiers, to collect and store certain information. These cookies and identifiers enable us to analyse website usage, customize content, and deliver targeted advertisements based on your interests.

14.3. Opting Out of Google Analytics Advertising Features

You have the option to opt-out of the Google Analytics Advertising Features we use. There are multiple ways you can exercise your choice to opt-out:

Ads Settings: You can adjust your Google Ads Settings to control the personalized ads you see across the web. Visit Ad Settings in your Google account to customize your ad preferences.
Ad Settings for Mobile Apps: If you use our mobile app, you can modify your ad preferences by adjusting the settings within the app. Please refer to the app's settings or user guide for instructions on how to do so.

Network Advertising Initiative (NAI) Consumer Opt-Out: You may also opt-out of certain third-party cookies and interest-based advertising through the NAI's consumer opt-out platform. Visit the NAI Consumer Opt Out link for more information and to exercise your choice.

Please note that opting out of these features does not mean you will no longer see advertisements; instead, the ads you encounter may be less relevant to your interests.

15. Your Information and Rights

You have the following rights:

To be informed about how we obtain and use Personal Data.
To ask for a copy of the Personal Data that we hold about you, this is called a Subject Access Request.
To have your information rectified.
To request us to restrict processing of your Personal Data.
To request to have your information erased (right to be forgotten).
To object to the processing of your information; for example, for direct marketing purposes.
To have Personal Data you provided to us, returned to you or sent directly to another company, in a structured, commonly used and machine-readable format where technically feasible (Data Portability).
Where the processing of your Personal Data is based on your consent, the right at any time to withdraw that consent.
To object to any decisions based on the automated processing of your Personal Data, including profiling.
To lodge a complaint with the Information Client’s Office (ICO), the supervisory authority responsible for Data Protection matters.

If you withdraw your consent to the processing of your Personal Data, where the processing of your Personal Data was based on your consent, or you ask for your Personal Data to be erased, we may not be able to comply if you are linked with a student with whom we are working or have worked.

Should you want to exercise any of your rights, please contact the Data Protection Officer: dataprotectionofficer@freshstartedu.co.uk.

All formal requests for access to, or changes to Personal Data, must be made in writing. We will need a recognised form of Proof of Identity before we can consider any request, in order to ensure that we are dealing with the Data Subject.

16. Electronic Mail Containing Personal Data

You may, from time to time, send Personal Data to us electronically. We are not responsible for the way in which you handle Personal Data. We recommend, where possible, that you communicate using either secure or encrypted email, registered post, or a secure portal or using encrypted files.

When we communicate personal information with you through electronic means, we will ensure that it is done securely using either encrypted files or secure messaging via our Online Portal.

To access our Online Portal, you are required to be a Registered Authorised User with a Username and Password.

17. Changes to Our Privacy Notice

We may change, modify or adjust this Privacy Notice from time to time; however, we will not reduce your rights under this Notice.

Our Privacy Notice will be kept up to date and can be found on our website: www.freshstartineducation.co.uk.

Copies are also available from us by post, please contact the DPO at the address in Point 18.

If you have any concerns about the way in which we collect or use your Personal Data, you may also contact the ICO directly at https://ico.org.uk/concerns/.

18. Contact Us

We take your privacy and protection of your Personal Data very seriously. If you have any questions or comments about the way we collect or use your Personal Data, please contact the DPO either in writing:

The Data Protection Officer

Fresh Start in Education Ltd

Castle House

Castle Hill Avenue

Folkestone

Kent.

CT20 2TQ

or by email: dataprotectionofficer@freshstartedu.co.uk

Our Data Protection Policy, of which this Privacy Notice forms part, is available upon request.