WHO WE ARE
We are Tonbridge School a charitable company limited by guarantee, registered in England and Wales. Our company registration number is 4787097 and our registered office is at Tonbridge School, High Street, Tonbridge, Kent TN9 1JP; our registered charity number is 1097977. The charitable objects of the School are the advancement of education by the provision and conduct of a School at Tonbridge for boys as boarders, and, if the Governors think fit, as day boys and by ancillary or incidental educational activities and other associated activities for the overall benefit of the community. Some of our activities are undertaken by our wholly owned subsidiary Tonbridge Services Limited (registered number 01774458), or our subsidiary the Tonbridge School Foundation (TSF) (Charity Number 1099162).
WHAT THIS PRIVACY NOTICE IS FOR
This policy is intended to provide information about how the School will use (or "process") personal data about individuals including: its staff; its current, past and prospective pupils (referred to in this policy as “boys”) and their parents, carers or guardians (referred to in this policy as "parents"); and other users of the School’s facilities and members of the School community. This information is provided because Data Protection Law gives individuals rights to understand how their data is used. Staff, boys, parents and other members of the School community are all encouraged to read this Privacy Notice and understand the School’s obligations to its entire community.
This Privacy Notice applies alongside any other information the School may provide about a particular use of personal data, for example when collecting data via an online or paper form. This Privacy Notice also applies in addition to the School's other relevant terms and conditions and policies, including:
• Any contract between the School and its staff or the parents of boys;
• The School's policy on Taking, Storing and Using Images of Pupils;
• The School’s CCTV Policy;
• The School’s Record Keeping Policy;
• The School's Safeguarding and Child Protection Policy, Code of Conduct Policy, Pastoral Care Policy, Harassment and Bullying Policy, and General Health and Safety Policy, including as to how concerns or incidents are recorded; and
• The School's IT policies, including its Acceptable Use of Computers Policies, Cyberbullying Policy, Emerging Technologies and Use of New Media Policy, and Online Safety Policy.
Anyone who works for, or acts on behalf of, the School (including staff, volunteers, governors and service providers) should also be aware of and comply with this Privacy Notice and the School's data protection policy for staff, which also provides further information about how personal data about those individuals will be used.
RESPONSIBILITY FOR DATA PROTECTION
The School has appointed the Headmaster as Privacy Officer who will deal with all your requests and enquiries concerning the School’s uses of your personal data (see section on Your Rights below) and endeavour to ensure that all personal data is processed in compliance with this policy and Data Protection Law.
WHY THE SCHOOL NEEDS TO PROCESS PERSONAL DATA
In order to carry out its ordinary duties to staff, boys, parents and other members of the School community, the School needs to process a wide range of personal data about individuals (including current, past and prospective staff, boys or parents) as part of its daily operation. Some of this activity the School will need to carry out in order to fulfil its legal rights, duties or obligations – including those under a contract with its staff, or parents of its boys, or others who use the School’s facilities.
Other uses of personal data will be made in accordance with the School’s legitimate interests, or the legitimate interests of another, provided that these are not outweighed by the impact on individuals, and provided it does not involve special or sensitive types of data.
The School expects that the following uses will fall within that category of its (or its community’s) “legitimate interests”:
• For the purposes of boy selection (and to confirm the identity of prospective boys and their parents);
• To provide educational services to encourage boys to be creative, tolerant and to strive for academic, sporting and cultural excellence, and to increase their awareness of their social and moral responsibilities, and to monitor boys' achievements and progress, and to assess their educational needs;
• Maintaining relationships with alumni and the School community, including direct marketing or fundraising activity;
• For the purposes of donor due diligence, and to confirm the identity of prospective donors and their background;
• For the purposes of management planning and forecasting, research and statistical analysis, including that imposed or provided for by law (such as tax, diversity or gender pay gap analysis);
• To enable relevant authorities to monitor the School's performance and to intervene or assist with incidents as appropriate;
• To give and receive information and references about past, current and prospective boys, including relating to outstanding fees or payment history, to/from any educational institution that the boy attended or where it is proposed they attend; and to provide references to potential employers of past boys;
• To enable boys to take part in national or other assessments, and to publish the results of public examinations or other achievements of boys of the School;
• To safeguard boys' welfare and provide appropriate pastoral care;
• To monitor (as appropriate) use of the School's IT and communications systems in accordance with the School's IT: acceptable use policy;
• To make use of photographic images of boys in School publications, on the School website and (where appropriate) on the School's social media channels in accordance with the School's policy on taking, storing and using images of children;
• For security purposes, including CCTV in accordance with the School’s CCTV policy;
• In connection with, and to enable, the School’s community engagement and commercial activities;
• To carry out or cooperate with any School or external complaints, disciplinary or investigation process; and
• Where otherwise reasonably necessary for the School's purposes, including to obtain appropriate professional advice and insurance for the School.
In addition, the School will on occasion need to process special category personal data (concerning health, ethnicity, religion, biometrics or sexual life) or criminal records information (such as when carrying out DBS checks) in accordance with rights or duties imposed on it by law, including as regards safeguarding and employment, or from time to time by explicit consent where required. These reasons will include:
• To safeguard boys' welfare and provide appropriate pastoral (and where necessary, medical) care, and to take appropriate action in the event of an emergency, incident or accident, including by disclosing details of an individual's medical condition or other relevant information where it is in the individual's interests to do so: for example for medical advice, for social protection, safeguarding, and cooperation with police or social services, for insurance purposes or to caterers or organisers of School trips who need to be made aware of dietary or medical needs;
• To provide educational services in the context of any special educational needs of a boy;
• To provide spiritual education in the context of any religious beliefs;
• In connection with employment of its staff, for example DBS checks, welfare, union membership or pension plans;
• To run any of its systems that operate on biometric data;
• As part of any School or external complaints, disciplinary or investigation process that involves such data, for example if there are SEN, health or safeguarding elements; or
• For legal and regulatory purposes (for example child protection, diversity monitoring and health and safety) and to comply with its legal obligations and duties of care.
TYPES OF PERSONAL DATA PROCESSED BY THE SCHOOL
This will include by way of example:
• Names, addresses, telephone numbers, e-mail addresses and other contact details;
• Car details (about those who use our car parking facilities);
• Biometric information;
• Bank details and other financial information, e.g. about parents who pay fees to the School;
• Past, present and prospective boys' academic, disciplinary, admissions and attendance records (including information about any special needs), and examination scripts and marks;
• Personnel files, including in connection with academics, employment or safeguarding;
• Where appropriate, information about individuals' health and welfare, and contact details for their next of kin;
• References given or received by the School about boys, and relevant information provided by previous educational establishments and/or other professionals or organisations working with boys;
• Correspondence with and concerning staff, boys and parents (past and present); and
• Images of boys (and occasionally other individuals) engaging in School activities, and images captured by the School's CCTV system (in accordance with the School's policy on taking, storing and using images of children).
HOW THE SCHOOL COLLECTS DATA
Generally, the School receives personal data from the individual directly (including, in the case of boys, from their parents). This may be via a form, or simply in the ordinary course of interaction or communication (such as email or written assessments). However, in some cases personal data will be supplied by third parties (for example another school, or other professionals or authorities working with that individual); or collected from publicly available resources.
WHO HAS ACCESS TO PERSONAL DATA AND WHO THE SCHOOL SHARES IT WITH
Occasionally, the school will need to share personal information relating to its community with third parties, such as:
• Professional advisers (e.g. lawyers, insurers, PR advisers and accountants);
• Government authorities (e.g. HMRC, DfE, police or the local authority); and
• Appropriate regulatory bodies (e.g. NCTL, the Independent Schools Inspectorate, the Charity Commission or the Information Commissioner).
For the most part, personal data collected by the School will remain within the School, and will be processed by appropriate individuals only in accordance with access protocols (i.e. on a ‘need to know’ basis). Particularly strict rules of access apply in the context of:
• Medical records; and
• Pastoral or safeguarding files.
However, a certain amount of any boy’s medical records or any SEN boy’s relevant information will need to be provided to staff more widely in the context of providing the necessary care and education that the boy requires.
Personal data generated or collected by the School will, at times, leave the European Union (EU), and the School is required to notify you of this. Examples include: if the School needs to communicate with parents or boys outside the EU; when required for educational visits abroad; and in respect of references to overseas universities.
Staff, boys and parents are reminded that the School is under duties imposed by law and statutory guidance (including Keeping Children Safe in Education) to record or report incidents and concerns that arise or are reported to it, in some cases regardless of whether they are proven, if they meet a certain threshold of seriousness in their nature or regularity. This is likely to include file notes on personnel or safeguarding files, and in some cases referrals to relevant authorities such as the LADO or police. For further information about this, please view the School’s Safeguarding Policy.
Finally, in accordance with Data Protection Law, some of the School’s processing activity is carried out on its behalf by third parties, such as IT systems, web developers or cloud storage providers. This is always subject to contractual assurances that personal data will be kept securely and only in accordance with the School’s specific directions.
HOW LONG WE KEEP PERSONAL DATA
The School will retain personal data securely and only in line with how long it is necessary to keep for a legitimate and lawful reason. Typically, the legal recommendation for how long to keep ordinary staff and boy personnel files is up to 7 years following departure from the School. However, incident reports and safeguarding files will need to be kept much longer, in accordance with specific legal requirements (including IICSA). If you have any specific queries about how our retention policy is applied, or wish to request that personal data that you no longer believe to be relevant is considered for erasure, please contact the Headmaster45T at the School. However, please bear in mind that the School will often have lawful and necessary reasons to hold on to some personal data even following such a request. A limited and reasonable amount of information will be kept for archiving purposes, for example; and even where you have requested we no longer keep in touch with you, we will need to keep a record of the fact in order to fulfil your wishes (called a "suppression record").
KEEPING IN TOUCH AND SUPPORTING THE SCHOOL
The School will use the contact details of parents, alumni and other members of the School community to keep them updated about the activities of the School, or alumni and parent events of interest, including by sending updates and newsletters, by email and by post. Unless the relevant individual objects, the School will also:
• Share personal data about parents and/or alumni, as appropriate, with organisations set up to help establish and maintain relationships with the School community, such as the Parents’ Arts Society and Old Tonbridgian Society (and affiliated groups in Hong Kong and New York);
• Contact parents and/or alumni (including via the organisations above) by post and email in order to promote and raise funds for the School and, where appropriate, other worthy causes;
• Collect information from publicly available sources about parents' and former boys' occupation and activities, in order to maximise the School's fundraising potential.
Should you wish to limit or object to any such use, or would like further information about them, please contact the Director of the Tonbridge Society in writing. You always have the right to withdraw consent, where given, or otherwise object to direct marketing or fundraising. However, the School is nonetheless likely to retain some of your details (not least to ensure that no more communications are sent to that particular address, email or telephone number).
YOUR RIGHTS (INCLUDING RIGHTS OF ACCESS)
Individuals 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. Any individual wishing to access or amend their personal data, or wishing it to be transferred to another person or organisation, or who has some other objection to how their personal data is used, should put their request in writing to the Headmaster.
The School will endeavour to respond to any such written requests as soon as is reasonably practicable and in any event within statutory time-limits (which is one month in the case of requests for access to information). The 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).
REQUESTS THAT CANNOT BE FULFILLED
You 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 which identifies other individuals (and parents need to be aware this may include their own sons, in certain limited situations – please see further below), or information which 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). The School is also not required to disclose any boy’s examination scripts (or other information consisting solely of boy test answers), provide examination or other test marks ahead of any ordinary publication, nor share any confidential reference given by the School itself for the purposes of the education, training or employment of any individual.
You may have heard of the "right to be forgotten". However, we will sometimes have compelling reasons to refuse specific requests to amend, delete or stop processing your (or your son’s) 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.
Boys can make subject access requests for their own personal data, provided that, in the reasonable opinion of the School, they have sufficient maturity to understand the request they are making (see section Whose Rights below). A boy of any age may ask a parent or other representative to make a subject access request on his/her behalf. Indeed, while a person with parental responsibility will generally be entitled to make a subject access request on behalf of younger boys, the law still considers the information in question to be the boy’s: for older boys, the parent making the request may need to evidence their son's authority for the specific request. Boys at Tonbridge are generally assumed to have this level of maturity, although this will depend on both the boy and the personal data requested, including any relevant circumstances at home.
It should be clearly understood that the rules on subject access are not the sole basis on which information requests are handled. Parents may not have a statutory right to information, but they and others will often have a legitimate interest or expectation in receiving certain information about boys without their consent. The School may consider there are lawful grounds for sharing certain information about a boy with or without reference to that boy. Parents will in general receive educational and pastoral updates about their sons, in accordance with the Parent Contract. Where parents are separated, the School will (in most cases) aim to provide the same information to each person with parental responsibility, but may need to factor in all relevant circumstances, including the express wishes of the boy. All information requests from, on behalf of, or concerning boys, whether made under subject access or simply as an incidental request, will therefore be considered on a case by case basis.
Where the School is relying on consent as a means to process personal data, any person may withdraw this consent at any time (subject to similar age considerations as above). Please be aware however that the School may not be relying on consent but have 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 organisation such as the OT Society or Parents’ Arts Society has been requested).
The rights under Data Protection Law belong to the individual to whom the data relates. However, the School will often rely on parental authority or notice for the necessary ways it processes personal data relating to boys – for example, under the parent contract, or via a form. Parents and boys should be aware that this is not necessarily the same as the School relying on strict consent (see the section on Consent above). Where consent is required, it may in some cases be necessary or appropriate (given the nature of the processing in question, and the boy's age and understanding) to seek the boy’s consent. Parents should be aware that in such situations they may not be consulted, depending on the interests of the boy, the parents’ rights at law or under their contract, and all the circumstances.
In general, the School will assume that boys’ consent is not required for ordinary disclosure of their personal data to their parents, e.g. for the purposes of keeping parents informed about the boy's activities, progress and behaviour, and in the interests of the boy's welfare. That is, unless, in the School's opinion, there is a good reason to do otherwise.
However, where a boy seeks to raise concerns confidentially with a member of staff and expressly withholds their agreement to their personal data being disclosed to their parents, the School may be under an obligation to maintain confidentiality unless, in the School's opinion, there is a good reason to do otherwise; for example, where the School believes disclosure will be in the best interests of the boy or other boys, or if required by law.
Boys are required to respect the personal data and privacy of others, and to comply with the School’s Acceptable Use of Computers Policy, Emerging Technologies and Use of New Media Policy, and Online Safety Policy, and the Memoranda. Staff are under professional duties to do the same covered under the relevant staff policies.
DATA ACCURACY AND SECURITY
The School will endeavour to ensure that all personal data held in relation to an individual is as up to date and accurate as possible. Individuals should notify the Headmaster of any significant changes to important information, such as contact details, held about them. An individual has the right to request that any inaccurate, out-of-date, or irrelevant information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law): please see above for details of why the School may need to process your data, and of who you may contact if you disagree.
The School will take appropriate technical and organisational steps to ensure the security of personal data about individuals, including policies around use of technology and devices, and access to School systems. All staff and Governors will be made aware of this policy and their duties under Data Protection Law and receive relevant training.
The 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.
QUERIES AND COMPLAINTS
Any comments or queries on this policy should be directed to the Headmaster using the following contact details: by e-mail to firstname.lastname@example.org, or by writing to Tonbridge School, Tonbridge, Kent TN9 1JP.
If an individual believes that the School has not complied with this policy or acted otherwise than in accordance with Data Protection Law, they should utilise the School’s Complaints or Grievance procedures and should also notify the Headmaster. 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.