Privacy Notice
--- "Privacy Notice: ASL Personnel
\r\nIn the course of your employment, engagement or other basis of work undertaken for The American School in London Educational Trust Limited (ASL), we will collect, use and hold (“process”) personal data relating to you as an individual undertaking work on behalf of the School. This makes the School a data controller of your personal information, and this Privacy Notice sets out how we will use that information and what your rights are.
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About this document
\r\nThis privacy notice applies to all current and former employees, contractors, substitute teachers, athletics coaches, casual workers, trustees, temps and volunteers who may be employed or engaged by the School to work on its behalf in any capacity, as well as prospective applicants. For the purposes of this document, this group of individuals is referred to by the term “ASL personnel.”
\r\nThis document also applies in addition to the school's other relevant terms and conditions and policies, including:
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any contract between the School and an individual, such as the terms and conditions of employment, and any applicable employee handbook;
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the school's Safe Working Practices, and Child Protection, and Health and Safety policies;
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the school’s CCTV policy, responsible use agreement, and data retention schedule.
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This privacy notice also applies alongside any other information the School may provide about particular uses of personal data, for example when collecting data via an online or paper form.
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Why we need to process personal data
\r\n(i) Entering into, or fulfilling, our contract with you
\r\nWe process your personal data because it is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract, such as a contract of employment or other engagement with us. In this respect, we use your personal data for the following:
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administering job applications and, where relevant, offering you a role with us;
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carrying out due diligence checks on you, whether during the application process for a role with us or during your engagement with us, including by checking references in relation to your education and your employment history;
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once you are employed or engaged by us in any capacity, for the performance of the contract of employment (or other agreement) between you and us;
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to pay you and to administer benefits (including pensions) in connection with your employment or other engagement with us;
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monitoring your attendance and your performance in your work, including performance appraisals;
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promoting the School to prospective parents and others, including publishing the work product(s) you create while employed by or otherwise engaged to work for the School;
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for disciplinary purposes, including conducting investigations, where required;
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for other administrative purposes, for example to update you about changes to your terms and conditions of employment or engagement, or changes to your pension arrangements;
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for internal record-keeping, including the management of any feedback or complaints and incident reporting;
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for any other reason or purpose set out in your employment or other contract with us.
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(ii) Legitimate Interests
\r\nWe process your personal data because it is necessary for our (or sometimes a third party's) legitimate interests. Our “legitimate interests” include our interests in running the School in a professional, sustainable manner, in accordance with all relevant ethical, educational, charitable, legal and regulatory duties and requirements (whether or not connected directly to data protection law). In this respect, we use your personal data for the following:
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providing you with information about us and what it is like to work for us (where you have asked for this, most obviously before you have made a formal application to work for us);
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for security purposes, including by operating security cameras in various locations on the school's premises;
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to enable relevant authorities to monitor the school's performance and to intervene or assist with incidents, as appropriate;
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to provide education services to students;
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to safeguard students' welfare;
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to carry out or cooperate with any school or external complaints, disciplinary or investigatory process;
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for the purposes of management planning and forecasting, research and statistical analysis;
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in connection with organizing events and social engagements for ASL personnel;
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making travel arrangements on your behalf, where required;
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contacting you or your family members and “next of kin” for business continuity purposes, to confirm your absence from work, etc.;
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publishing your image and likeness in connection with your employment or engagement with us;
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to monitor (as appropriate) use of the school's IT and communications systems in accordance with the school's Responsible Use Agreement.
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(iii) Legal Obligations
\r\nWe also process your personal data for our compliance with our legal obligations, notably those in connection with employment, tax law and accounting, and child welfare. In this respect, we use your personal data for the following:
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to meet our legal obligations (for example, relating to child welfare, social protection, diversity, equality, and gender pay gap monitoring, employment, and health and safety);
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for tax and accounting purposes, including transferring personal data to HM Revenue and Customs to ensure that you have paid appropriate amounts of tax, and in respect of any Gift Aid claims, where relevant;
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for the prevention and detection of crime, and in order to assist with investigations (including criminal investigations) carried out by the police and other competent authorities.
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(iv) Special categories of data
\r\nWe process special categories of personal data (such as data concerning health, religious beliefs, racial or ethnic origin, sexual orientation or disability status) or criminal convictions and allegations for the reasons set out below.
\r\nWe will process this data on the basis that such processing is necessary to carry out obligations and exercise rights (both yours and ours) in relation to your employment.
\r\nIn particular, we process the following types of special category personal data for the following reasons:
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your physical or mental health or condition(s) in order to record sick leave and take decisions about your fitness for work, or (in emergencies) act on any medical needs you may have;
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recording your racial or ethnic origin in order to monitor our compliance with equal opportunities legislation;
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categories of your personal data that are relevant to investigating complaints made by you or others, for example concerning discrimination, bullying or harassment;
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data about any criminal convictions or offences committed by you, for example when conducting criminal background checks with the Disclosure and Barring Service (DBS), or where it is necessary to record or report an allegation (including to police or other authorities, with or without reference to you);
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We will process special categories of personal data for lawful reasons only, including because:
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you have given us your explicit consent to do so, in circumstances where consent is appropriate;
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it is necessary to protect your or another person's vital interests, for example, where you have a life-threatening accident or illness in the workplace and we have to process your personal data in order to ensure you receive appropriate medical attention;
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it is necessary for some function in the substantial public interest, including the safeguarding of children or vulnerable people, or as part of a process designed to protect others from malpractice, incompetence or unfitness in a role (or to establish the truth of any such allegations);
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it is necessary for the establishment, exercise or defense of legal claims, such as where any person has brought a claim or serious complaint against us or you.
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Types of personal data we process
\r\nWe may collect the following types of personal data about you (and your family members and “next of kin,” where relevant):
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contact and communications information, including:
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your contact details (including email address(es), telephone numbers and postal address(es);
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contact details (through various means, as above) for your family members and “next of kin”, in which case you confirm that you have the right to pass this information to us for use by us in accordance with this privacy notice;
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records of communications and interactions we have had with you.
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biographical, educational and social information, including:
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your name, title, gender, nationality and date of birth;
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your image and likeness, including as captured in photographs taken for work purposes;
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details of your education and references from your institutions of study;
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lifestyle information and social circumstances;
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your interests and extracurricular activities.
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financial information, including:
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your bank account number(s), name(s) and sort code(s) (used for paying your salary and processing other payments);
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your tax status (including residence status);
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Gift Aid declaration information, where relevant (for example, where we help you to administer donations to charity from your pre-taxed earnings);
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information related to pensions, national insurance, or employee benefit schemes.
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work-related information, including:
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details of your work history and references from your previous employer(s);
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your personal data captured in the work product(s), notes and correspondence you create while employed by or otherwise engaged to work for the School;
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details of your professional activities and interests;
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your involvement with and membership of sector bodies and professional associations;
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information about your employment and professional life after leaving the School, where relevant (for example, where you have asked us to keep in touch with you).
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and any other information relevant to your employment or other engagement to work for the School.
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Where this is necessary for your employment or other engagement to work for us, we may also collect special categories of data, and information about criminal convictions and offenses, including:
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information revealing your racial or ethnic origin, sexual orientation, gender identity, disability status, and religious beliefs;
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information concerning your health and medical conditions (for example, where required to monitor and record sickness absences, dietary needs, or to make reasonable adjustments to your working conditions or environment);
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information about certain criminal convictions (e.g., where this is necessary for due diligence purposes, or compliance with our legal and regulatory obligations).
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This will only be undertaken, however, where and to the extent it is necessary for a lawful purpose in connection with your employment or other engagement to work for the School.
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How we collect your information
\r\nWe may collect your personal data in a number of ways, for example:
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from the information you provide to us before making a job application;
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when you submit a formal application to work for us, and provide your personal data in application forms and covering letters, etc.;
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from third parties, for example the DBS and referees (including your previous or current employers or school), in order to verify details about you and/or your application to work for us.
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More generally, during the course of your employment with us, as a member of ASL personnel, we will collect data from or about you, including:
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when you provide or update your contact details;
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in the course of fulfilling your employment (or equivalent) duties more generally, including by filling reports or sending emails on school systems;
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in various other ways as you interact with us during your time as a member of ASL personnel, and afterwards, where relevant, for the various purposes set out below.
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Who has access to personal data and with whom we share it
\r\nFor the purposes referred to in this privacy notice and relying on the bases for processing as set out above, we may share your personal data with certain third parties. We may disclose limited personal data (including in limited cases special category or criminal data) to a variety of recipients, including:
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Subsidiaries and foundations that support ASL, other employees, agents and contractors (e.g., third parties processing data on our behalf as part of administering payroll services, the provision of benefits including pensions, IT, etc., although this is not sharing your data in a legal sense, as these are considered data processors on the school’s behalf);
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DBS and other relevant authorities and agencies such as the Department for Education and the local authority;
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external auditors or inspectors;
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our advisers where it is necessary for us to obtain their advice or assistance, including insurers, lawyers, accountants, or other external consultants;
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when the School is legally required to do so (by a court order, government body, law enforcement agency or other authority of competent jurisdiction), e.g., HM Revenue and Customs or the police.
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We may also share information about you with other employers in the form of a reference, where we consider it appropriate, or if we are required to do so in compliance with our legal obligations.
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How long your personal data is kept
\r\nPersonal data relating to unsuccessful job applicants is deleted within 12 months of the end of the application process, except where we have notified you that we intend to keep it for longer (and you have not objected).
\r\nFor employees, subject to any other notices that we may provide to you, we may retain your personal data for a period of 7 years after your contract of employment (or equivalent agreement) has expired or been terminated.
\r\nSome information, however, may be retained for longer than this, e.g., incident reports and safeguarding files, in accordance with specific legal requirements.
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Data accuracy and security
\r\nThe School will endeavor to ensure that all personal data held in relation to an individual is as up to date and accurate as possible. Individuals must notify the HR office of any significant changes to important information held about them, such as contact details, and maintain current information on school platforms.
\r\nAn individual has the right to request that any out-of-date, irrelevant or inaccurate information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law).
\r\nThe School will take appropriate technical and organizational steps to ensure the security of personal data about individuals, including policies around use of technology and devices, and access to school systems. All ASL personnel will be made aware of this policy and their duties under Data Protection Law and receive relevant training.
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Your rights
\r\nIndividuals have various rights under Data Protection Law to access and understand personal data about them held by the School, 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, but subject to certain exemptions and limitations.
\r\nAny individual wishing to access or amend their personal data, or wishing it to be transferred to another person or organization, or who has some other objection to how their personal data is used, should put their request in writing to the data protection officers at dpo@asl.org.
\r\nThe School will endeavor to respond to any such written requests as soon as is reasonably practicable and in any event within statutory time limits.
\r\nThe 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).
\r\nYou 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 that identifies other individuals, or information that is subject to legal privilege (for example legal advice given to or sought by the School, or documents prepared in connection with a legal action).
\r\nThe School is also not required to share any confidential reference given by the School itself for the purposes of the education, training or employment of any individual.
\r\nYou may be aware of the \"right to be forgotten,\" however, we will sometimes have compelling reasons to refuse specific requests to amend, delete or stop processing your personal data: for example, a legal requirement, or where it falls within a legitimate interest identified in this privacy notice. All such requests will be considered on their own merits.
\r\nWhere the School is relying on consent as a means to process personal data, any person may withdraw this consent at any time. Examples where we do rely on consent are: participation in certain types of activities and certain types of fundraising and school advancement functions. Please be aware, however, that the School may not be relying on consent but has another lawful reason to process the personal data in question even without your consent. That reason will usually have been asserted under this privacy notice, or may otherwise exist under some form of contract or agreement with the individual (e.g., an employment or parent contract, or because a purchase of goods, services or membership of an organization, such as a parents' or an alumni association has been requested).
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This notice
\r\nThe School will update this privacy notice from time to time. Any substantial changes that affect your rights will be provided to you directly as far as is reasonably practicable.
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Contact and complaints
\r\nIf an individual believes that the School has not complied with this policy or acted otherwise than in accordance with Data Protection Law, they should notify dpo@asl.org. You can also make a referral to or lodge a complaint with the Information Commissioner’s Office (ICO), although the ICO recommends that steps are taken to resolve the matter with the School before involving the regulator.
\r\nIf you have any queries about this privacy notice or how we process your personal data, or if you wish to exercise any of your rights under applicable law, you may contact ASL’s data protection officers, dpo@asl.org.
\r\nMay 2018
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