Class of Your Own Ltd (“COYO”) is committed to
being transparent about how we collect and use personal data and to meeting our
data protection obligations. This statement sets out our commitment to data
protection.
We collect and process data to enable us to:
provide educational resources and services; deliver and assess the Design
Engineer Construct (“DEC”) learning programs; track and report outcomes and
outputs; and ensure compliance.
This statement applies to the personal data of our COYO and DEC website users,
clients, students, contacts, third parties or other personal data processed for
business purposes.
We have appointed a Data Protection officer with
responsibility for data protection compliance. Queries or requests for further
information, should be directed to the Data Protection Officer, Class of Your
Own Ltd, The Institute, St Nicholas Hall, Wesley St, Sabden, Clitheroe BB7 9EH.
If you are still dissatisfied, there is the right to lodge a complaint with the
Information Commissioner’s Office at https://ico.org.uk
Automated Decision-Making (ADM): when a decision is made which is based solely on
Automated Processing (including profiling) which produces legal effects or
significantly affects an individual. GDPR prohibits Automated Decision-Making
(unless certain conditions are met) but not Automated Processing.
Automated Processing: any form of automated processing of Personal Data
consisting of the use of Personal Data to evaluate certain personal aspects
relating to an individual, in particular to analyse or predict aspects
concerning e.g. that individual's performance or preferences.
Consent must be freely given, specific, informed and be an unambiguous
indication of the Data Subject's wishes by which they, by a statement or by a
clear positive action, signify agreement to the processing of Personal Data
relating to them.
Data Controller: the person or organisation that determines when, why and how to
process Personal Data. It is responsible for establishing practices and
policies in line with GDPR. We are the Data Controller of all Personal Data
used in our business for our own business purposes.
Data Subject: a living, identified or identifiable individual about whom we hold
Personal Data.
Data Privacy Impact Assessment (DPIA): assessments used to identify and reduce risks of
a data processing activity. DPIA can be carried out as part of Privacy by
Design and should be conducted for all major system or business change programs
involving the processing of Personal Data.
EEA: the countries in the EU and Iceland, Liechtenstein and Norway.
Explicit Consent: consent which requires a very clear and specific statement.
Personal Data: any information identifying a Data Subject or information relating to
a Data Subject that we can identify (directly or indirectly) from that data
alone or in combination with other identifiers we possess or can reasonably
access. Personal Data includes Sensitive Personal Data and Pseudonymised
Personal Data but excludes anonymous data or data that has had the identity of
an individual permanently removed. Personal data can be factual (for example, a
name, email address, location or date of birth) or an opinion about that
person's actions.
Personal Data Breach: any act or omission that compromises the
security, confidentiality, integrity or availability of Personal Data or the
physical, technical, administrative or organisational safeguards that we or our
third-party service providers put in place to protect it. The loss, or
unauthorised access, disclosure or acquisition, of Personal Data is a Personal
Data Breach.
Privacy by Design: implementing appropriate technical and organisational measures in an
effective manner to ensure compliance with GDPR.
Privacy Notices or Statements: separate notices setting out information that may
be provided to Data Subjects when we collect information about them.
Processing or process: any activity that involves the use of Personal
Data. It includes obtaining, recording or holding the data, or carrying out any
operation or set of operations on the data including organising, amending,
retrieving, using, disclosing, erasing or destroying it. Processing also
includes transmitting or transferring Personal Data to third parties.
Pseudonymisation: replacing information that directly or indirectly identifies an
individual with one or more artificial identifiers or pseudonyms so that the
person, to whom the data relates, cannot be identified without the use of
additional information which is meant to be kept separately and secure.
Sensitive Personal Data: information revealing racial or ethnic origin,
political opinions, religious or similar beliefs, trade union membership,
physical or mental health conditions, sexual life, sexual orientation,
biometric or genetic data, and Personal Data relating to criminal offences and
convictions.
We only collect data
that helps us achieve the purposes set out in this Statement. We will not
collect additional data without notifying the owner first. For account holders
we may link automatically collected data to the other information we collect
from the user.
Data Collected
Automatically:
When visitors visit and use our websites, we may automatically collect and
store the following information:
IP address
Clicked links, and
Content viewed.
Data Collected
Non-Automatically:
We may also collect the following data when visitors perform certain functions
on our websites including creating an account. This data is collected with
consent to enable us to create an account for users and is provided by users to
enable us to fulfil service delivery:
Full name
Date of birth
Password
Email address/Phone number
Address
For students on DEC Learning programs, DEC qualification results and relevant
educational progression Payment information, and Auto fill data.
Children under 16
years of age are not permitted to create an account or otherwise provide
personal data. We will only collect the data of children under 16 years with
the express consent of their parents or guardians obtained either via schools
and colleges where the children are students, or via direct communication by us
with parents or guardians to obtain consent. Our websites expressly require
users to first confirm they are over 16 before an account can be created or
non-automatic data collection is collected or orders processed.
We recognise that the
correct and lawful treatment of Personal Data will maintain confidence in COYO
and our DEC programs and will provide for successful operations. Protecting the
confidentiality and integrity of Personal Data is a critical responsibility
that we take seriously at all times. Please contact the Data Manager
with any questions about the operation of this Privacy Statement or if you have
any concerns that this Privacy Statement is not being or has not been followed.
We adhere to the principles relating to processing of Personal Data set out in
GDPR which require Personal Data to be:
(a) Processed lawfully, fairly and in a transparent manner
(Lawfulness, Fairness and Transparency).
(b) Collected only for specified, explicit and legitimate
purposes (Purpose Limitation).
(c) Adequate, relevant and limited to what is necessary in
relation to the purposes for which it
is processed (Data
Minimisation).
(d) Accurate and where necessary kept up to date (Accuracy).
(e) Not kept in a form which permits identification of Data
Subjects for longer than is necessary
for the purposes for
which the data is processed (Storage Limitation).
(f) Processed in a manner that ensures its security using
appropriate technical and organisational measures to protect against
unauthorised or unlawful Processing and against
accidental loss,
destruction or damage (Security, Integrity and Confidentiality).
(g) Not transferred to another country without appropriate
safeguards being in place (Transfer
Limitation).
(h) Made available to Data Subjects who are allowed to
exercise certain rights in relation to their
Personal Data (Data
Subject's Rights and Requests).
We will demonstrate compliance with the data
protection principles listed above (Accountability).
5.1 Lawfulness and fairness
Personal data will be
processed lawfully, fairly and in a transparent manner in relation to the Data Subject.
We will only collect, process and share Personal Data fairly and lawfully and
for specified purposes. GDPR restricts our actions regarding Personal Data to
specified lawful purposes. These restrictions are not intended to prevent
processing but to ensure that we process Personal Data fairly and without
adversely affecting the Data Subject.
GDPR allows processing
for specific purposes, some of which are set out below:
(a) where the Data Subject has
given Consent;
(b) if the processing is necessary
for the performance of a contract with the Data Subject;
(c) to meet our legal
compliance obligations;
(d) to protect the Data
Subject's vital interests;
(e) to pursue our legitimate
interests for purposes where they are not overridden because the processing prejudices
the interests or fundamental rights and freedoms of Data Subjects. The purposes
will be set out in applicable Privacy Notices.
We identify and
document the legal ground being relied on for each processing activity.
5.2 Consent
We will only process
Personal Data on the basis of one or more of the lawful bases set out in GDPR,
which include Consent. A Data Subject consents to processing of their Personal
Data if they indicate agreement clearly either by a statement or positive action.
If Consent is given in a document which deals with other matters, then the
Consent will be kept separate from those other matters. Data Subjects can
withdraw Consent to processing at any time and withdrawal will be promptly
honoured. Consent may need to be refreshed if we intend to process Personal
Data for a different and incompatible purpose which was not disclosed when the
Data Subject first consented.
Unless we can rely on
another legal basis of processing, Explicit Consent will be required for processing
Sensitive Personal Data, for Automated Decision-Making and for cross border
data transfers. Usually we will be relying on another legal basis (and not
require Explicit Consent) to process Sensitive Data. Where Explicit Consent is
required, we will issue a notice to the Data Subject. We will keep records of
all Consents so that we can demonstrate compliance with Consent requirements.
5.3 Transparency
GDPR requires Data Controllers to provide detailed,
specific information to Data Subjects. Whenever we collect Personal Data
directly from Data Subjects we will provide the Data Subject with all the information
required by GDPR including how and why we will use, process, disclose, protect
and retain that Personal Data.
When Personal Data is collected indirectly (for
example, from a third party or publicly available source), we will provide the
Data Subject with all the information required by GDPR as soon as possible
after collecting/receiving the data. We will check that the Personal Data was
collected by the third party in accordance with GDPR and on a basis which
contemplates our proposed processing of that Personal Data.
Personal Data will be
collected only for specified, explicit and legitimate purposes. It will not be
further processed in any manner incompatible with those purposes. We will not
use Personal Data for new, different or incompatible purposes from that
disclosed when it was first obtained unless we have informed the Data Subject
of the new purposes and they have Consented where necessary.
Personal Data will be
adequate, relevant and limited to what is necessary in relation to the purposes
for which it is processed. Our personnel will not process Personal Data for any
reason unrelated to their job duties. When Personal Data is no longer needed
for specified purposes, it will be deleted or anonymised in accordance with our
data retention guidelines.
Personal Data will be
accurate and, where necessary, kept up to date. It will be corrected or deleted
without delay when inaccurate. We will ensure that the Personal Data we use and
hold is accurate, complete, kept up to date and relevant to the purpose for
which we collected it. We will take all reasonable steps to destroy or amend
inaccurate or out-of-date Personal Data.
Personal Data will not
be kept in an identifiable form for longer than is necessary for the purposes
for which the data is processed. We will not keep Personal Data in a form which
permits the identification of the Data Subject for longer than needed for the
legitimate business purposes for which we originally collected it including for
the purpose of satisfying any legal, accounting or reporting requirements. We
will take all reasonable steps to destroy or erase from our systems all
Personal Data that we no longer require. This includes requiring third parties
to delete such data where applicable. We will inform Data Subjects of the
period data is stored and how that period is determined.
10.1 Protecting Personal Data
Personal Data will be secured by appropriate
technical and organisational measures against unauthorised or unlawful
processing, and against accidental loss, destruction or damage. We will
develop, implement and maintain safeguards appropriate to our size, scope and
business, available resources, amount of Personal Data that we own or maintain
on behalf of others and identified risks (including use of encryption and
Pseudonymisation where applicable). We will regularly evaluate the
effectiveness of those safeguards to ensure security of our processing of
Personal Data.
We will maintain data security by protecting the
confidentiality, integrity and availability of the Personal Data, defined as
follows:
(a) Confidentiality means that only people who have a need to
know and are authorised to use the Personal Data can access it.
(b) Integrity means that Personal Data is accurate and
suitable for the purpose for which it is processed.
(c) Availability means that authorised users are only able to
access the Personal Data when they need it for authorised purposes.
10.2 Reporting a Personal Data Breach
GDPR requires us to notify any Personal Data Breach to
the applicable regulator and, in certain instances, the Data Subject. We will
notify Data Subjects or any applicable regulator where we are legally required
to do so.
GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data
protection afforded to individuals is not undermined. We do not transfer personal data outside the EEA
and, in any event, we would only transfer Personal Data outside the EEA if one of the following
conditions applies:
(a) the European Commission has issued a decision confirming that the country to which we
transfer the Personal Data ensures an adequate level of protection for the Data Subjects'
rights and freedoms;
(b) appropriate safeguards are in place;
(c) the Data Subject has provided Explicit Consent to the proposed transfer after being informed
of any potential risks, or
(d) the transfer is necessary for one of the other reasons set out in GDPR including the
performance of a contract between us and the Data Subject; public interest; to establish,
exercise or defend legal claims, or to protect the vital interests of the Data Subject where the
Data Subject is physically or legally incapable of giving Consent, and in some limited cases,
for our legitimate interest.
Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
(a) withdraw Consent to processing at any time;
(b) receive certain information about processing activities;
(c) request access to their Personal Data that we hold;
(d) prevent our use of their Personal Data for direct marketing purposes;
(e) ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which
it was collected or processed or to rectify inaccurate data/complete incomplete data;
(f) restrict processing in specific circumstances;
(g) challenge processing which has been justified on the basis of our legitimate interests or in
the public interest;
(h) request a copy of an agreement under which Personal Data is transferred outside of the EEA;
(i) object to decisions based solely on Automated Processing, including profiling (ADM);
(j) prevent processing that is likely to cause damage or distress to the Data Subject or anyone
else;
(k) be notified of a Personal Data Breach which is likely to result in high risk to their rights and
freedoms;
(l) make a complaint to the supervisory authority, and
(m) in limited circumstances, receive or ask for their Personal Data to be transferred to a third
party in a structured, commonly used and machine-readable format.
We will verify the identity of an individual requesting data under any of the rights listed above.
13.1 We will implement appropriate technical and organisational measures in an effective manner, to ensure
compliance with data protection principles. We have adequate resources and controls in place to
ensure and to document GDPR compliance including:
(a) appointing a suitably qualified manager accountable for data privacy;
(b) implementing Privacy by Design when processing Personal Data and completing DPIAs where
processing presents a high risk to rights and freedoms of Data Subjects;
(c) integrating data protection into internal documents;
(d) training our personnel on GDPR and data protection matters as required including Data
Subject's rights, Consent, legal bases, DPIA and Personal Data Breaches, and
(e) regularly conducting reviews to assess compliance.
13.2 Record keeping
GDPR requires us to keep full and accurate records of our data processing activities. These records
include descriptions of the Personal Data types, Data Subject types, processing activities, processing
purposes, third-party recipients of the Personal Data, storage locations, transfers, retention periods
and a description of security measures in place.
13.3 Our Personnel
We will ensure personnel have undergone adequate training to enable them to comply with data
privacy laws. We require our personnel to commit to contractual data protection and confidentiality
obligations where necessary.
13.4 Privacy By Design and Data Protection Impact Assessment (DPIA)
We are required to implement Privacy by Design measures when processing Personal Data by
implementing appropriate technical and organisational measures (like Pseudonymisation) in an
effective manner, to ensure compliance with data privacy principles. We will take into account the
following:
(a) the state of the art;
(b) the cost of implementation;
(c) the nature, scope, context and purposes of processing, and
(d) the risks, likelihood and severity for rights and freedoms of Data Subjects posed by the
processing.
We will also conduct DPIAs in respect to high risk processing.
13.5 Automated Processing (including profiling) and Automated Decision-Making
Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual
unless:
(a) a Data Subject has Explicitly Consented;
(b) the processing is authorised by law, or
(c) the processing is necessary for the performance of or entering into a contract.
If certain types of Sensitive Data are being processed, then grounds (b) or (c) will not be allowed but
such Sensitive Data can be processed where it is necessary for substantial public interest like fraud
prevention. If a decision is to be based solely on Automated Processing, then Data Subjects will be
informed of their right to object. Suitable measures will be put in place to safeguard the Data Subject's
rights, freedoms and legitimate interests. We will inform the Data Subject of the logic involved in the
decision making, the significance and envisaged consequences and give the Data Subject the right to
request human intervention, express their point of view or challenge the decision. A DPIA will be carried
out before any Automated Processing (including profiling) or ADM activities are undertaken.
13.6 Direct marketing
We will specifically offer the right to object to direct marketing. A Data Subject's objection to direct
marketing will be promptly honoured. If a client opts out at any time, their details will be suppressed
as soon as possible. Suppression involves retaining just enough information to ensure that marketing
preferences are respected in the future.
13.7 Sharing Personal Data
Generally we are not allowed to share Personal Data with third parties unless certain safeguards and
contractual arrangements have been put in place. We will only share the Personal Data we hold if the
recipient has a job-related need to know the information and the transfer complies with any applicable
cross-border transfer restrictions. We will only share the Personal Data we hold with third parties, such
as our
service providers, if:
(a)
they have a need to know the information for the purposes of providing the contracted
services;
(b)
sharing the Personal Data complies with a Privacy Notice provided to the Data Subject and,
if required, the Data Subject's Consent has been obtained;
(c)
the third party has agreed to comply with required data security;
(d)
the transfer complies with any applicable cross border transfer restrictions, and
(e) a fully executed written contract that contains GDPR approved third party clauses has been
obtained.
The DEC and COYO websites use cookies. ‘Cookies’ are small data files which often include a unique
identifier stored on your device when you visit certain web pages. Cookies are useful to allow the
website to recognise a user when they visit. It is possible for users to choose to restrict cookies, although
restricting cookies may result in a loss of functionality when using our website. For more information
please visit our Cookie Policy.
We reserve the right to change this Privacy Statement at any time so please check back regularly to
obtain the latest copy of this Statement. This Privacy Statement does not override any applicable data
privacy laws and regulations.
