SECTION 1 – General Information
Absolute, (referred to in this Privacy Notice as the Company, we, us, or our) is a controller for the personal information that it collects and uses about you. Our contact details are set out in item 11 of section 1 of this Privacy Notice. Any reference in this Privacy Notice to you or your refers to anyone whose personal information we process. This Privacy Notice is to inform you how we will use your personal information, the legal basis which allows us to use your personal information, how we share your personal information and inform you of your rights in accordance with the laws in place that protect your personal information, including the Data Protection Act 1998, the Privacy and Electronic Communications (EC Direction Regulations 2003) and the General Data Protection Regulation 2016/679 and any subsequent data protection legislation which is implemented in the United Kingdom (together, "Data Protection Legislation"). Absolute are registered with the Information Commissioners Office as Data Processors.
We will treat all your personal information as confidential and in accordance with the Data Protection Legislation and your personal information will only be shared with others in accordance with this Privacy Notice.
We keep this Privacy Notice up to date, so if there are any changes to the way in which your personal information is used this Privacy Notice will be updated and we will ensure a notice of such changes is displayed on our website homepage for a reasonable period of time.
2 What is personal information?
Personal information is any information that tells you something about a living individual. This could include information such as name, contact details, National Insurance number, account number, date of birth and bank account details.
3 For how long do we keep your personal information?
We will keep your personal information for a length of time to comply with statutory or regulatory requirements. For example, Education and Skills Funding Agency rules state the company is required to keep information until 2030 and HMRC require us to keep records for 6 complete accounting years.
Your personal information will be retained in accordance with our retention policy, your rights under Data Protection Legislation and in line with our regulatory obligations. Any personal information will be deleted in accordance with our data retention policy.
4 What is the legal basis of our data processing?
Under Data Protection Legislation we are only permitted to use your personal information if we have a legal basis for doing so as set out in the data protection legislation. We rely on the following legal bases to use your personal information:
- where you have provided consent for us to process your personal information;
- where processing is necessary to enable us to perform our contract with you or take steps to enter into a contract with you at your request;
- where we need to comply with a legal obligation; and
- where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
In some cases we will need your consent to obtain and use your personal information. When this is the case, we will ask for your consent and we will explain why we need the personal information at the time when we ask for your consent. If we are relying on consent, you can withdraw your consent to our processing of your personal information at any time by contacting us using the contact details below.
Some information is classified as "special" data under Data Protection Legislation. This includes information relating to, amongst other things, health or information about any disability you may have. This information is more sensitive and we need to have further justifications for collecting, storing and using this type of personal information. We may
process special categories of personal data but will need your consent to use this information.
5 How do we share your personal information?
We will keep your personal information confidential and secure and only share it with others for the purposes set out below and elsewhere in this Privacy Notice.
We will share your personal information in the following ways:
- we share your personal information with any person working within the Company on a need to know basis to ensure we are able to perform our obligations to you;
- we share your personal information with any organisation which you have given us permission to share it with;
- we share your personal information with any organisation which we have sub-contracted or engaged to provide services on our behalf including software providers and hosts, Partner Providers, Awarding Organisations, End Point Assessment organisations, E portfolio providers. For company staff this will include postal fulfilment, payroll, pensions and HR, tax compliance and legal and audit.
- we share personal information with funding bodies in order to comply with our regulatory and legal obligations.
Software providers include
Onefile – learning platform that brings training and assessment together – so users can access all the training tools they need in one place. www.onefile.co.uk
Awarding organisations – To provide certification of qualifications and learning programmes. The Awarding organisation will depend on the qualification sector.
End Point Assessment organisations – To provide End Point Assessment services. The End Point Assessment organisation will depend on the apprenticeship.
Payroll services – H and H Accountants Ltd, 16 – 17 Hammet Street, Taunton, Taunton TA1 1RZ
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breaches and will notify you and any applicable regulator of a breach where we are legally required to do so.
Please note that as no data transmission over the Internet can be guaranteed to be 100% secure we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
7 Recording telephone calls
We do not record telephone calls.
8 Your rights in relation to your personal information
You have a number of rights in relation to your personal information, these include the right to:
- Be informed about how we use your personal information;
- Obtain access to your personal information that we hold;
- Request that your personal information is corrected if you believe it is incorrect, incomplete or inaccurate;
- Request that we erase your personal information in the following circumstances:
- If the Company is continuing to process personal information beyond the period when it is necessary to do so for the purpose for which it was originally collected;
- If the Company is relying on consent as the legal basis for processing the personal information and you withdraw consent;
- If the Company is relying on legitimate interests as the legal basis for processing the personal information and you object to this processing and there is no overriding, compelling ground which enables us to continue with the processing;
- If the personal information has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation); or 5. If it is necessary to delete the personal information to comply with a legal obligation.
- Ask us to restrict our data processing activities where you consider that:
- Personal information is inaccurate;
- Our processing of your personal information is unlawful;
- Where we no longer need the personal information but you require us to keep it to enable you to establish, exercise or defend a legal claim; or
- Where you have raised an objection to our use of your personal information;
- Request a copy of certain personal information that you have provided to us in a commonly used electronic format. This right relates to personal information that you have provided to us that we need in order to perform our agreement with you and personal information where we are relying on consent to process your personal information;
- Object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your personal information; and
- Not be subject to wholly automated decisions which produce legal effects or which could have a similarly significant effect on you.
If you would like to exercise any of your rights or find out more, please write to us at firstname.lastname@example.org or Lionsgate, 11 Kingsway, Taunton, Somerset TA1 3YD. We will respond to your request in 15 working days.
Section 2 of this notice provides more detail about the personal information that we use, the legal basis that we rely on in each case and your rights.
9 Processing your personal information based on consent - Marketing
We will not use your personal information for marketing without your permission.
If you have any complaints about the way we use your personal information please contact our Privacy Team who will try to resolve the issue. If we cannot resolve any issue, you have the right to complain to the data protection authority in your country (the Information Commissioner in the UK) via their website www.ico.org.uk. If you need more information about how to contact your local data protection authority please let us know by contacting email@example.com, call 07715 201942 or write to us at Lionsgate, 11 Kingsway, Taunton, Somerset TA1 3YD.
11 Contact details
If you have any questions, comments or requests regarding any aspect of this Privacy Notice, please do not hesitate to contact us at: Privacy Officer, Lionsgate, 11 Kingsway, Taunton, Somerset TA1 3YD.
Or via email, at firstname.lastname@example.org
12 Using your personal information for profiling/automated decision making
We do not use your personal information for profiling or automated decision making.
13 Social Media
We do not share your personal information on social media.
SECTION 2 – Prospective or actual learners and employers, employees and members
1 How do we collect personal information from you?
We collect personal information about you from various sources including:
- the personal information you provide us when any contact is made with you (by way of meeting, interview, telephone call, email or by any other means) in accordance with the provision of our services;
- the personal information you give us in order for us to provide our services to you;
- any personal information we already hold about you;
- any personal information we obtain from searching public records,
- any personal information we collect from Government sources such as learning records,
- any personal or company information we gather from members for Due Diligence or normal business purposes.
2 What personal information do we collect during the course of business?
We collect the following types of personal information:
- your name, date of birth, email address, postal address, telephone or mobile number;
- identity documentation such as your national insurance number, driving licence or passport number;
- financial details such as your income, salary and business records
- bank details where required;
- details of any contact made with you (either initiated by us or by yourself);
- if you give us personal information about somebody else we will assume you have their permission to do so, and their data will also be subject to this Privacy Notice.
3 For what purposes do we use your personal information during the course of business?
We use your personal information for the following purposes:
- to provide our education and training services;
- to access funding from the Governments national funding system;
- to access awarding organisation certification, learning resources, End Point Assessment;
- to comply with the funding body obligations and professional codes.
4 Using your personal information for profiling/automated decision making
We do not use your personal information for profiling or for automated decision making.