Privacy Policy

Who we are

Sparkle Dance Studios & Fitness Centre (SDSFC) acts as the Data Controller for the purpose of Data Protection Law.

Registered Address: Unit 1 Calder Street, Preston, PR2 1BD 

Data Protection Law

• General Data Protection Regulation (EU 2016/679)
• UK Data Protection Act 2018
• GDPR Act 2018

Introduction

This Privacy Notice is intended to provide information about how SDSFC will use (or “process”) personal data about individuals including: its staff; its current, past and prospective students; and their parents, carers or guardians (referred to in this policy as “parents”), and audiences.

This information is provided because Data Protection Law gives individuals rights to understand how their data is used. Staff, parents, students and audiences are all encouraged to read this Privacy Notice and understand the Studio’s obligations to its entire community.

This Privacy Notice applies alongside any other information SPSFC 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 WDS’s other relevant terms and conditions and policies, including:

• any contract between SDSFC and its staff or the parents of students
• SDSFC policy on taking, storing and using images of children

Responsibility for data protection

Harriet J Gingell, Principal, will deal with all your requests and enquiries concerning SDSFC'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

Contact email address: [email protected]

Why SDSFC needs to process personal data

In order to carry out its ordinary duties to staff, students and parents, SDSFC needs to process a wide range of personal data about individuals (including current, past and prospective staff, students or parents) as part of its daily operation.

Some of this activity SDSFC 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 students.

Other uses of personal data will be made in accordance with SDSFC'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.

SDSFC expects that the following uses will fall within that category of its “legitimate interests”:

• Maintaining relationships with alumni (see below) and the SDSFC community
• To give and receive information and references about past, current and prospective students, to/from any educational institution that the student attended or where it is proposed they attend
• To provide references to potential employers of past students
• To enable students to take part in national or other assessments, and to publish the results of public examinations or other achievements of students of the Studio
• To make use of photographic images of students in SDSFC publications, on the SDSFC website and (where appropriate) on the SDSFC social media channels in accordance with the SDSFC policy on taking, storing and using images of children

In addition, SDSFC will on occasion need to process special category personal data (concerning health, ethnicity, religion, 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 students’ 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 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 SDSFC

This will include by way of example:

• names, addresses, telephone numbers, e-mail addresses and other contact details
• past and present students’ admissions and attendance records (including information about any special needs), and examination scripts and marks
• personnel files, including in connection with employment or safeguarding
• where appropriate, information about student and staff health, and contact details for their next of kin
• references given by SDSFC about students
• correspondence with and concerning staff, pupils and parents past and present
• still and moving images of students (and occasionally other individuals) engaging in SDSFC activities (in accordance with the SDSFC policy on taking, storing and using images of children)

How SDSFC collects data

Generally, SDSFC receives personal data from the individual directly (including, in the case of students, 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).

How we use data

We will not sell, rent, trade or distribute your personal data to any third parties for marketing purposes unless we have received your prior permission to do so. Data may be shared with trusted service providers who are authorised to act on WDS’s behalf and have entered into data processing agreements with us. These services may include payment processing, event ticketing, database services, website hosting and email delivery services. In these circumstances your data will only be used for the agreed purpose relating to the service that they are providing. Where we are required to transfer any personal data to countries outside of the European Economic Area (EEA) we will endeavour to ensure that sufficient safeguards and security measures are in place to protect your rights as outlined in this policy.

Who has access to personal data and who WDS shares it with

Occasionally, SDSFC will need to share personal information relating to its community with third parties, such as:

• professional advisers (lawyers, insurers, PR advisors and accountants)
• government authorities (HMRC, DfE, police or the local authority); and
• appropriate regulatory bodies (e.g. the Information Commissioner).

For the most part, personal data collected by SDSFC will remain within SDSFC, and will be processed by appropriate individuals only in accordance with access protocols (i.e. on a ‘need to know’ basis). 

How long we keep personal data

SDSFC 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 student personnel files is up to seven years following departure from SDSFC

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 Harriet Gingell by email at [email protected]. However, please bear in mind that SDSFC will often have lawful and necessary reasons to hold on to some personal data even following such request.

Keeping in touch and supporting SDSFC

SDSFC will use the personal data of parents, alumni and other members of the SDSFC community so that we may keep them informed, by post or email, of SDSFC developments and provide opportunities to attend events and reunions.

We may also keep personal data of alumni within our archives to demonstrate SDSFC's history. Should you wish to limit or object to any such use, or would like further information about them, please contact Harriet Gingell by email at [email protected]

You always have the right to withdraw consent, where given, or otherwise object to direct marketing or fundraising. However, SDSFC may need nonetheless 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

Rights of access etc.

Individuals have various rights under Data Protection Law to access and understand personal data about them held by SDSFC, and in some cases ask for it to be erased or amended or have it transferred to others, or for SDSFC 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 Principal. 

SDSFC 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.

SDSFC 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, SDSFC may ask you to reconsider or require a proportionate fee, but only where Data Protection Law allows it.

You should be aware that certain data is exempt from the right of access. This may include information which identifies other individuals, or information which is subject to legal professional privilege.

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 children, in certain limited situations – please see further below), or information which is subject to legal professional privilege (for example legal advice given to or sought by SDSFC, or documents prepared in connection with a legal action).

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 child’s) personal data: for example, 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.

Student requests

Students can make subject access requests for their own personal data, provided that, in the reasonable opinion of SDSFC, they have sufficient maturity to understand the request they are making (see section Whose Rights? below). A student 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 students, the law still considers the information in question to be the child’s. For older students the parent making the request may need to evidence their child’s authority for the specific request. 

Students of Year 9 and above are generally assumed to have this level of maturity, although this will depend on both the child and the personal data requested, including any relevant circumstances at home. Younger students may be sufficiently mature to have a say in this decision, depending on the child and the circumstances

Parental requests, etc.

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 pupils without their consent. SDSFC may consider there are lawful grounds for sharing with or without reference to that student.

All information requests from, or on behalf of, or concerning students – whether made under subject access or simply as an incidental request – will be considered on a case by case basis.

Consent

Where SDSFC 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 SDSFC may have another lawful reason to process the personal data in question even without your consent. 

Whose rights?

The rights under Data Protection Law belong to the individual to whom the data relates. However, SDSFC will often rely on parental authority or notice for the necessary ways it processes personal data relating to students. Parents and students should be aware that this is not necessarily the same as SDSFC relying on strict consent as outlined above. 

Where consent is required, it may in some cases be necessary or appropriate – given the nature of the processing in question, and the student’s age and understanding, to seek the student’s consent.

Parents should be aware that in such situations they may not be consulted, depending on the interests of the child, the parents’ rights at law, and all the circumstances.

In general, SDSFC will assume that students’ 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 student’s activities, progress and behaviour, and in the interests of the student’s welfare. That is unless, in SDSFC’s opinion, there is a good reason to do otherwise.

However, where a student seeks to raise concerns confidentially with a member of staff and expressly withholds their agreement to their personal data being disclosed to their parents, SDSFC may be under an obligation to maintain confidentiality unless, in SDSFC's opinion, there is a good reason to do otherwise; for example where SDSFC believes disclosure will be in the best interests of the student or other students, or if required by law.

Students are required to respect the personal data and privacy of others. Staff are under professional duties to do the same.

Data accuracy and security

SDSFC will endeavour to ensure that all personal data held in relation to an individual is as up to date and accurate as possible. Individuals must please notify Harriet Gingell of any significant changes to important information, such as contact details, held about them.

An individual has the right to request that any out-of-date, irrelevant or inaccurate or information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law): please see above for details of why SDSFC may need to process your data, of who you may contact if you disagree.

SDSFC will take appropriate technical and organisational steps to ensure the security of personal data about individuals.

This policy

SDSFC 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 Harriet Gingell at [email protected]

If an individual believes that SDSFC has not complied with this policy or acted otherwise than in accordance with Data Protection Law, they should notify Harriet Gingell. They 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 SDSFC before involving the regulator.