We are the controller of the personal data provided to us for the purposes of applicable data protection legislation except where the personal data is provided to us by a school or local authority in respect of a student where we are the processor.
Whose personal data do we collect?
By personal data we mean identifiable information about you, such as your name, email address, geographical postcode, mobile and home telephone number and your IP address.
We may also collect special categories of personal data about you such as details about your race or ethnic origin or data concerning your health, special educational needs, behaviour information and safeguarding information. We do not ask for such personal data, but it is possible that a tutor, school or a Local Authority may provide this information to us about a student, or a student may provide this information to us about a tutor.
For tutors who engage with schools or local authorities, we will collect financial data such as your bank details.
Personal data you provide to us
From time to time you may provide to us personal data. This may be because you wish to:
- use our software either as a tutor or a student or a client
- provide services to us; or
- otherwise contact us including with queries, comments or complaints.
You may provide personal data to us directly, or to us through our social media platforms.
If you provide personal data about a student under the age of 18, you confirm that either
- you are their tutor and the student’s parent or legal guardian has confirmed that you are entitled to provide the personal data to us; or
- you are the student’s parent or legal guardian.
If you provide personal data about any other person, you confirm that you have their consent to do so.
If you are a student and your tutor (or any third party) has provided your personal data to us but you do not wish to engage with us, please contact us and we will delete your personal data accordingly. We will however first notify the tutor (or third party) of your request.
All personal data that you provide to us must be true, complete and accurate. If you provide us with inaccurate or false data, and we suspect or identify fraud, we will record this, and we may also report this to the appropriate authorities.
When you contact us by email or post, we may keep a record of the correspondence and we may also record any telephone call we have with you.
Personal data we receive from others i.e. tutors, students and clients, including schools and local authorities, may each provide personal data to us about the other party. If we reasonably believe that any of the personal data you have provided to us is inaccurate, we may receive further personal data from third parties, confirming or otherwise, your identity.
We may also receive personal data about you from our security service partners and our payment providers.
Lawful use of your personal data
- consent (where you choose to provide it)
- performance of our contract with you
- compliance with legal requirements; and
- legitimate interests.
When we refer to legitimate interests, we mean our legitimate business interests in the normal running of our business which do not materially impact your rights, freedom or interests.
If you are a student and your tutor has provided your personal data to us, we will use your personal data only to enable the tutor to access information that they have provided about you on our portal.
If you are a student and your school or local authority has provided your personal data to us, we will use your personal data only to consider which of our tutors might be suitable to provide tutoring services to you and to notify that tutor or tutors accordingly, or otherwise on the instructions of that school or local authority as the case may be.
If you are a tutor and we provide personal data to you about a student, you agree that you are a sub-processor of such personal data and you will:
- only process the personal data to consider whether or not to provide the tutoring services, and then if agreed, to provide the tutoring services and otherwise in accordance with our written instructions
- take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of or damage to the personal data
- delete the personal data from your systems at our request or if you choose not to provide tutoring services to the student or if you stop providing the tutoring services to the student
- not share the personal data with any third party, including any other processor
- assist us in providing subject access and allowing students to exercise their rights under applicable laws
- assist us in meeting our legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments
- submit to audits and inspections by us or on our behalf to ensure that you are complying with your obligations under applicable laws; and
- notify us if you are requested to take any action in breach of any applicable data protection legislation.
We may from time to time need to use your personal data to comply with any legal obligations, demands or requirements, for example, as part of anti-money laundering processes or to protect a third party’s rights, property, or safety. In particular, where we believe that there is a safeguarding issue relating to an individual under the age of 18, we will provide the personal data to such authorities as we deem reasonably necessary.
Who do we share your data with?
For our legitimate interests, we may share your personal data with our service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including IT service providers, payment providers, accountants, auditors and lawyers.
We will provide our service providers, sub-contractors and agents only with such of your personal data as they need to provide the service for us and if we stop using their services, we will request that they delete your personal data or make it anonymous within their systems.
Please note that as per our Safeguarding and Child Protection Policy, data protection does not stand in the way of safeguarding concerns. Where a safeguarding concern is raised, tutors must not let specific policies on Data Protection inhibit them from sharing necessary confidential information.
Where we hold and process your personal data
Some or all of your personal data may be stored or transferred outside of the European Economic Area (the EEA) for any reason, including for example, if our email server is located in a country outside the EEA or if any of our service providers are based outside of the EEA.
Where your personal data is transferred outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for EEA data or to a third party where we have approved transfer mechanisms in place to protect your personal data – i.e., by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties).
We will process your personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage. In particular, access is restricted to employees who need to know your personal data, and we use appropriate password protection and appropriate strong encryption electronic measures within our electronic data management systems.
However, unfortunately, because of the nature of electronic storage, we cannot promise that your personal data or any other data you provide to us will always remain secure. If there is a security breach, we will do all that we can as soon as we can to stop the breach and minimise the loss of any data.
We do not currently send marketing email messages but will contact you by email about your account. If we do send marketing emails, we will first obtain your consent. You may change your mind at any time and choose to no longer receive marketing emails from us by contacting us or clicking unsubscribe from a marketing email. Please note that it may take us a few days to update our records to reflect your request.
If you ask us to remove you from our marketing list, we will keep a record of your name and email address to ensure that we do not send to you marketing information, and we will continue to send you information about your account.
You have a number of rights under applicable data protection legislation. Some of these rights are complex, and not all of the details have been included below.
Further information can be found here
- Right of access: You have the right to obtain from us a copy of the personal data that we hold for you.
- Right to rectification: You can require us to correct errors in the personal data that we process for you if it is inaccurate, incomplete or out of date.
- Right to portability: You can request that we transfer your personal data to another service provider.
- Right to restriction of processing: In certain circumstances, you have the right to require that we restrict the processing of your personal information.
- Right to be forgotten: You also have the right at any time to require that we delete the personal data that we hold for you, where it is no longer necessary for us to hold it. However, whilst we respect your right to be forgotten, we may still retain your personal data in accordance with applicable laws.
- Right to stop receiving marketing information: You can ask us to stop sending you information about our services, but please note we will continue to contact you in relation to any matters relating to you account, if you have one.
We reserve the right to charge an administrative fee if your request in relation to your rights is manifestly unfounded or excessive.
Retention of personal data
However, we may also be required to retain personal data for a particular period of time to comply with legal, auditory or statutory requirements, including requirements of HMRC in respect of financial documents.
Review of this policy
This policy will be reviewed annually or earlier should legislative or contractual requirements warrant it.