Privacy Policy

What is the purpose of this notice?

The Babraham Institute is a “data controller”. This means that the Babraham Institute are responsible for deciding on how your personal information is stored. Babraham Institute are required under data protection legislation to notify You of the information contained in this privacy notice.

This notice applies to Children and Parents and does not form part of any contract to provide any other services. Babraham Institute may update this notice at any time.

It is important that Parents 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.

If you have any concerns about how data has been handled please contact the Data Protection Officer at dpo@babraham.ac.uk

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.

The Kind of Information We Hold About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health.

Children

We will collect, store, and use the following categories of personal information about Children:

Name
Date of birth
Home address
Dietary requirements
Attendance information
Photographs and video clips of the Child to signpost Children to where their belongings are stored at the Nursery that they attend, and also for general display purposes
Emergency contact and password for collection should Parents be unavailable
Learning and development records for each Child containing the work of the Child whilst at the Nursery, observations about the Child’s development whilst at the Nursery from Employees of the Nursery, specific examples of the Child’s progress, photographs demonstrating the Child’s development whilst at the Nursery, and personal details of the Child (e.g. their date of birth) (“Progress Report”)
Records relating to individual Children e.g. care plans, Early Help forms, speech and language referral forms, Early Support information.
Accidents and pre-existing injuries forms
Records of any reportable death, injury, disease or dangerous occurrence
Observation, planning and assessment records of Children
Medicine authorisation in case of emergency

We may also collect, store and use the following “special categories” of more sensitive personal information:

Information about a Child’s race or ethnicity, spoken language and nationality.
Information about a Child’s health, including any medical condition, health and sickness records.
Information about a Child’s accident or incident reports including reports of pre-existing injuries.
Information about a Child’s incident forms / child protection referral forms / child protection case details / reports.
Early years funding eligibility code

Parents

We will collect, store, and use the following categories of personal information about Parents:

Name
Home address
Telephone numbers, and personal email addresses.
National Insurance number.
Car registration details
Parental responsibility
Residential status
Place of work

We may also collect, store and use the following “special categories” of more sensitive personal information:

Information about a Parent’s race or ethnicity, spoken language and nationality.
Conversations with Parents where Employees of the Nursery/Fun Pack deem it relevant to the prevention of radicalisation or other aspects of the governments Prevent strategy.

How is your personal information collected?

Children and Parents

Babraham Nursery and Fun pack collect personal information about Children and Parents from when the initial enquiry is made by the Parents, through the enrolment process and until the Children stop using the Nursery’s services.

How we will use information about you

We will only use Your personal information when the law allows us to. Most commonly, we will use Your personal information in the following circumstances:

Where we need to perform the contract we have entered into with You.
Where we need to comply with a legal obligation.
Where it is necessary for our legitimate interests (or those of a third party) and Your interests and fundamental rights do not override those interests.

We may also use Your personal information in the following situations, which are likely to be rare:

Where we need to protect Your interests (or someone else’s interests).
Where it is needed in the public interest or for official purposes.

Situations in which the Nursery will use personal information of Children

Babraham Nursery and Fun pack need all the categories of information in the list above (see Children section within the section entitled ‘The Kind of Information We Hold About You’) primarily to allow us to perform our obligations (including our legal obligations to Children). The situations in which the Nursery will process personal information of Children are listed below.

Upon consent from the Parents, Personal Data of Children will be shared with schools or other settings the child attends to work in collaboration with others to meet the needs of the child and for progression into the next stage of their education.
Personal information of Children will be shared with local authorities without the consent of Parents where there is a situation where child protection is necessary.
The personal information of Children will be shared with local authorities for funding purposes.
Ofsted will be allowed access to the Nursery’s systems to review child protection records.
To ensure we meet the needs of the Children
To enable the appropriate funding to be received
Report on a Child’s progress whilst with the Nursery
To check safeguarding records
To check complaint records
To check attendance patterns are recorded
When a Child’s Progress Report is given to its Parent in order for that Parent to pass the same Progress Report to a school for application or enrolment purposes

Situations in which the Nursery will use personal information of Parents

We need all the categories of information in the list above (see Parents section within the Paragraph entitled ‘The Kind of Information we Hold About You’) primarily to allow us to perform our contracts with Parents and to enable us to comply with legal obligations. The situations in which we will process personal information of Parents are listed below.

The personal information of Parents will be shared with local authorities without the consent of Parents for funding purposes. Parents will sign a local agreement from the council to obtain universal and/or extended funding.

To report on a Child’s attendance
To be able to contact a Parent or a Child’s emergency contact about their Child
The personal information of Parents will be shared with the Babraham Institutes accounts department for purposes of invoicing and account crediting. This includes email addresses, parent and child names, home address, childcare voucher details, HMRC voucher ID and employment status.

If Parents fail to provide personal information

If Parents fail to provide certain information when requested, we may not be able to perform the respective contracts we have entered into with Parents, or we may be prevented from complying with our respective legal obligations to Children and Parents.

Change of purpose

The Babraham Nursery and Fun pack 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 the Parent, as is appropriate in the circumstances.

Please note that we may process a Parent’s personal information without their respective knowledge or consent, as relevant to the circumstances, in compliance with the above rules, where this is required or permitted by law.

Babraham Nursery/Fun Pack may have to share Parent or Child data with third parties, including third-party service providers and other entities in our group. We require third parties to respect the security of Your data and to treat it in accordance with the law.

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.

Which third-party service providers process my personal information?

”Third parties” includes third-party service providers (including contractors and designated agents), local authorities, regulatory bodies, schools and other entities within our group. The following third-party service providers process personal information about you for the following purposes:

Local Authorities – for funding and monitoring reasons (e.g. equal opportunities and uptake of funded hours)
Regulatory bodies – for ensuring compliance and the safety and welfare of the children
Schools – to provide a successful transition by ensuring information about the child’s progress and current level of development and interests are shared
Software providers - for early years software systems that we use to record and information in order to provide our services to you, such as EY Portal and Blossom.

How secure is my information with third-party service providers and other entities in our group?

All our third-party service providers and other entities in the group 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.

We will share Your personal information with our finance team for invoicing and account crediting purposes. If you work for the Babraham Institute, we may share some information for Salary sacrifice purposes. Babraham Nursery and Fun pack will also share limited parental information (e.g. name, car registration and access permission) with the Babraham Research Campus Ltd. Security team, in order to allow parental access to Nursery.

Data retention

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.

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 a Child benefiting from the Nursery’s services or a Parent, as is appropriate, we will retain and securely destroy your personal information in accordance with our data retention policy.

Where is information stored?

Non-digital data including child, parent and staff personal details are stored in a fireproof, locked filing cabinet. Accident forms, medicine records and existing injuries or incident forms are stored in the child’s individual folder which is kept in the child’s base room.

Digital data is stored on encrypted hard drives or memory sticks, Babraham Institute data storage services and specific early years software, such as CASEY, EY Portal, Blossom and CEEDA.

Once families and children leave the setting, original documents are copied to Babraham Institute data storage services for the necessary retention period. Original copies are destroyed and once the retention period has passed for a particular document, it is deleted from the system.

Individual photographs of children are displayed; upon leaving the setting, images are given to the child’s parents or are destroyed. Group photographs remain in the setting. When photographs are used for the purposes of the nursery website (https://thenursery.babraham.org.uk/), specific parental permission is sought. On occasion, Babraham Nursery receives images from children’s parents. These are always kept on site at the nursery.

Data retention schedule

Activity	Retention period	Citations and notes	Examples of Nursery activities
Parent and child records
Accounting and Funding Billing of Nursery customers	7 years (Current FY + 6 years)	Statutory requirement Section 221 Companies Act 1985 Statutory requirement Charities Act 1993 (amended 2006)	• Nursery accounting and billing records • Placement offer letter
Accounting and funding Nursery education funding scheme	7 years	Statutory requirement Local Authority	• Early years funding declaration form
Parent and child records Waiting list registration	Until child is offered placement, or Parent is removed from waiting list		• Waiting list registration
Parent and child records Visitor books / signing in sheets	7 years (Current year + 6 years)	Recommendation from IRMS
Parent records Parent surveys (anonymous unless a name is provided)	Survey completion + 10 years* * Anonymised as soon as possible	Institute business requirements	• Parent surveys
Child records Children’s records including attendance, registers, care plans, medication records/accident, home injuries and incident records.	All children’s records must be kept while the child is in attendance at the setting and recommended for at least 3yrs after the child has left the provision Accident records must be kept until the child reaches 21 (limitation Act 1980)	EYFS Statutory requirement 2017 3.71 Records relating to individual children must be retained for a reasonable period of time after they have left the provision 56. Individual providers should determine how long to retain records relating to children	• Blossom Child Management records • Parent/child registration • Electronic archiving of child records • Acceptance of Nursery T&Cs • Child medicine registration form
Child records Child welfare records	Transferred to the new setting/school with the child when they leave the setting. If new setting/school unknown then setting to retain for 6 years from the date of last entry and then archive until the child reaches 25 years old. (If sibling attends a copy of records will be kept if they have ongoing concerns until sibling leaves the setting /starts school /new setting)	The Independent Inquiry into Child Sexual Abuse requires all institutions to retain their records relating to the care of children for the duration of the Inquiry under Section 21 of the Inquiries Act 2005. There is therefore an obligation to preserve records for the Inquiry for as long as is necessary.	• Child protection records
Child records Children’s Learning and Developmental Records	Retained while child is in attendance and then passed on to parents upon leaving.	EYFS Statutory Requirement	• Child leaving reports • Blossom Child Management records
Nursery staff and departmental records
Staff records Nursery staff file containing details about training certificates, references, emergency contact details, minutes from meetings, photo, etc.	Retained until staff member leaves. Training certificates are provided to the staff member before departure.	Institute business requirements	• Nursery staff file • Staff photos on nursery website
Staff records Complaints records	6 years from the date of the last record	EYFS Statutory Requirement 2017 IRMS http://irms.org.uk/	• Nursery staff file
Staff records DBS Check/Disclosure	6 months after the date on which recruitment decisions have been taken, or after the date which the dispute about the accuracy of the disclosure has been resolved	EYFS Statutory requirement 2017 DBS service DBS (code of practice) settings should destroy disclosure form/any photocopies after this time but MUST record the following information for Ofsted: • The date of issue of the disclosure • The name of the subject • The type of disclosure requested • The position for which the disclosure was requested • The unique reference number of the disclosure • The details of the recruitment decision taken	• DBS check request • DBS confirmation receipt and records
Department records Insurance liability documents	40 years from date of expiry	Statutory requirement The Employers’ Liability (Compulsory Insurance) Regulations 1998 Health and Safety executive http://www.hse.gov.uk/
Department records Records of any reportable death, injury, disease or dangerous occurrence (Reported by Nursery, dealt with by H & S Department)	Date of notification + 4 years	Requirement: The reporting of Injuries, Disease and Dangerous occurrences regulations 1995 (RIDDOR) (as amended)	• H&S Accidents & Incidents: Records • H&S Accidents & Incidents: RIDDOR reports
Department records Accident/medical records as specified by the control of substances hazardous to health regulations (COSHH)	40 years from the date of the last entry	Requirement The Control of Substances Hazardous to Health Regulations 2002 (COSHH)

Rights of access, correction, erasure and restriction

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.

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 Parents 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 Parents, as is appropriate, 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 manager in writing.

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).

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.

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 manager. 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. However, this may mean that the provider is in breach of the EYFS, HMRC or insurance requirements, therefore, if parents withdraw consent advice will be taken from ICO and/or Ofsted before information is deleted.

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.

Right to Complain

We take any complaints about our collection and use of personal information very seriously.

If you think that our collection or use of personal information is unfair, misleading or inappropriate, or have any other concern about our data processing, please raise this with us in the first instance. To make a complaint, please contact us via email on: dpo@babraham.ac.uk

Alternatively, you can make a complaint to the Information Commissioner’s Office:

By Post: Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

By Website: Click Here

By Email: Click Here

By Phone: 0303 123 1113 (Local rate) or 01625 545 745 (National rate)

Additional Information

Your trust is important to us. That is why we are available to answer any questions concerning how your data is processed. If you have any questions that could not be answered by this privacy notice or if you wish to receive more in-depth information about any topic within it, please contact our DPO via email on dpo@babraham.ac.uk.

You can also contact the Nursery Manager or Fun Pack Manager.

Alternatively, may also contact the Nursery by post at Babraham Nursery, 17-18 The Close, Babraham, Cambridgeshire, CB22 3AQ.

Review of this Policy

We keep this Privacy Notice under regular review. This Privacy Notice was last updated on 05/06/2023.

Amendments

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.