PRIVACY & COOKIES

The General Data Protection Regulation (GDPR) comes into effect on 25th May 2018.

It has been agreed that Jennifer Milligan (Graham), Artistic Director, will be appointed as Data Protection Officer (DPO) and is therefore responsible for the safe storage of information relating to our students and parents.

This Notice will provide information on how we, JMDA/The Studio Ballyclare are complying with this Regulation.

Purpose and Statement:

JMDA/The Studio Ballyclare is committed to ensuring the data processed by us remains safe and secure.

This policy has been written in line with legislative change, including both the Data Protection Act (1998) and the EU’s General Data Protection Regulation (GDPR).

JMDA/The Studio Ballyclare has determined the lawful reasons with which it processes personal data:

Legal obligation – GDPR Article 6(1)(c)
Legitimate interest – GDPR Article 6(1)(f)
Contract – GDPR Article 6(1)(b)

There is also some limited data we process with consent from the Data Subject; Consent – GDPR Article 6(1)(a).  

While JMDA/The Studio Ballyclare avoids sharing data with third parties at most times, some data is shared in accordance with our business practices. The sharing of data with third parties will always be consensual with the data subject and/or their parent/guardian, and only if JMDA/The Studio Ballyclare is satisfied that their Data Protection policy is GDPR compliant.

Main Aims for the policy:

Specify the data JMDA/The Studio Ballyclare collect, how it is stored/protected and the reason for collecting it
State how JMDA/The Studio Ballyclare use personal data in processing
Disclose who has access to the data and how long we retain information for
Explain Data Subject’s rights with JMDA/The Studio Ballyclare data including access, rectification and erasure

The GDPR includes the following rights for individuals:

the right to be informed
the right of access
the right to rectification
the right to erasure
the right to restrict processing
the right to data portability
the right to object
the right not to be subject to automated decision-making including profiling

General Principles

JMDA/The Studio Ballyclare is committed to providing fair and understandable privacy policies in relation to personal data.

JMDA/The Studio Ballyclare will, at all times, keep data in secure locations (including, but not limited to, encrypted and access restricted files) and not retain data unnecessarily or past the retention length as set out in this policy.

In the rare instance a data processor that is not an JMDA/The Studio Ballyclare employee is used, such as a third party, the data subject will either be asked for consent pre to supplying the data or be notified and have the right to object to processing.

How JMDA/The Studio Ballyclare collect personal data

JMDA/The Studio Ballyclare customers and participants supply their personal data when signing up for classes through our registration form either via the website, or via paper form.
This is either completed by a parent/guardian or the child themselves if they are deemed able to do so.
Personal data may also come to us unsolicited via enquiries through our website and to our generic email account.

 

Why JMDA/The Studio Ballyclare collect personal data

 

To attend any of JMDA/The Studio Ballyclare activities participants/parents/guardians must agree to some processing of their personal data. This is due to Legitimate Interests – GDPR Article 6(1)(f), Legal Obligation GDPR Article 6(1)(c), Contract – Article 6(1)(b) and/or Consent – Article 6(1)(a).

Should JMDA/The Studio Ballyclare be unable to process participant’s data, we would be contravening both our Health & Safety and Child Safeguarding policies. We would also be ignoring best practice regarding working with children/vulnerable adults.

Our participants must remain safe at all times, therefore information about participants must be collected in order to create registers and accurate student records. This information is also used to provide students with appropriate classes, including dividing students into age groups.

Special category data is only collected with the consent of the data subject. Special category data JMDA/The Studio Ballyclare collects includes but is not limited to: Medical/Disability information and Gender.

As physical activity providers it is essential that this consent is given should a participant have any medical/disability needs. This allows us to incorporate participants safely into classes. It is also used in assessing if we can incorporate participants safely into classes.

What data we collect

Personal data and some special category is collected.

It is essential to our primary function (providing classes to participants) that we are provided, and allowed to process and store the following:

Participant Personal Data:

Full Name – GDPR Article 6(1)(f)
Date of Birth – GDPR Article 6(1)(f)
Home Address – GDPR Article 6(1)(f)
Gender – GDPR Article 6(1)(f)
Permission to go home alone – GDPR Article 6(1)(f)
School/Educational Institution – GDPR Article 6(1)(f)
Exam results (vocational exams taken through JMDA/The Studio Ballyclare only) – GDPR Article 6(1)(f)
Classes attended/Price paid – GDPR Article 6(1)(f)

Participant Special Category Data:

Medical Information/History – GDPR Article 9 (a)
Disability Information – GDPR Article 9 (a)
Gender/Sex – GDPR Article 9 (a & j) – further explicate consent sought

 

Parent/Guardian Personal Data:

Name – GDPR Article 6(1)(f)
Address – GDPR Article 6(1)(f)
Email Address – GDPR Article 6(1)(f)
Mobile Telephone Number – GDPR Article 6(1)(f)
Work/Home Number – GDPR Article 6(1)(f)
Emergency Contact Number – GDPR Article 6(1)(f)

Parent/Guardian Special Category Data:

Bank Details – further explicate consent sought in the instance of refunds etc.

How data collected is sent internally

JMDA/The Studio Ballyclare transports data with all due diligence. 

Enrolment forms are sent to JMDA/The Studio Ballyclare through an encrypted email server directly from our website which has controlled access. Received enrolment forms are stored on an encrypted email server for no more than one academic year. Received paper enrolment forms are destroyed after no more than one academic year.

Storage/Retention of data

Data received through enrolment forms is stored in a locked filing cabinet in the JMDA/The Studio Ballyclare office. Any information that is uploaded manually into our database is stored both in encrypted files on office-based hardware and backed up regularly in our encrypted cloud-based server. Access to these files is restricted through password protection and only available to authorised staff members.

Registers and emergency contact lists created from student data are stored in encrypted files on office-based hardware and backed up regularly in our encrypted cloud-based server. Access to these files is restricted through password protection and only available to authorised staff members. 
Hard copies of registers and emergency contacts are carried by authorised staff members. They are locked away while not in use. When they are no longer in use or out-dated, they are destroyed thoroughly.  

Waiting lists are stored on an encrypted cloud-based server.

Exceptions to our retention policy:

Financial records are kept for 6 years due to legal obligation
First Aid records are kept for 21 years due to legal obligation
Photo consent may be kept indefinitely
Child Safeguarding records are kept indefinitely on a case-by-case basis, the minimum these will stored for is 6 years due to legal obligation
Bank details are deleted after the action concerning them is complete
Enquiries that do not turn into bookings with current classes are deleted after they have been dealt with

Third Parties/Data Processors

JMDA/The Studio Ballyclare does not actively share data with third parties, however there are certain instances where sharing information is crucial to our business processes.

Freelance Teachers:
As teachers at JMDA/The Studio Ballyclare are freelance staff, we have confidentiality and data processor agreements in place. Teachers will be provided access to the information on a students registration form which is pertinent to the running of the class.

Microsoft Office 365 Outlook:
JMDA/The Studio Ballyclare use Microsoft Office 365 Outlook to contact parents/guardians/students via email.
JMDA/The Studio Ballyclare is satisfied that their GDPR regulations are thorough, and the information stored in Microsoft Office 365 Outlook (email addresses) is secure.

Child Performance Licensing:
In order to process child performance licences, JMDA/The Studio Ballyclare are legally required to provide some personal data to local councils (including but not limited to: full name, date of birth and school details). This is an optional consent on JMDA/The Studio Ballyclare registration forms. JMDA/The Studio Ballyclare is satisfied that their GDPR process are thorough and any data will be stored in a secure environment, and not unnecessarily retained.

Child Safeguarding Concerns:
In the unlikely event JMDA/The Studio Ballyclare has a safeguarding concern in relation to one of our participants, JMDA/The Studio Ballyclare are legally required to provide data to the safeguarding board at the local council.
JMDA/The Studio Ballyclare is satisfied that their GDPR process are thorough and any data will be stored in a secure environment, and not unnecessarily retained.

Event Programmes:
JMDA/The Studio Ballyclare may occasionally produce programmes for events. These will only ever contain the first name and first initial of a child’s last name (unless otherwise consented to). The name of a child’s class may also be included. Participants/their Parent and/or Guardians may choose if they want to be included in the programme by giving consent on JMDA/The Studio Ballyclare registration forms.

Examination Entry:
In order to enter examinations, JMDA/The Studio Ballyclare must provide some personal data to examination boards (currently MTA work with: RAD and ISTD). This sharing of data is to be consented to by the data subject and/or parent/guardian on JMDA/The Studio Ballyclare registration forms.

Rights of the data subject and JMDA/The Studio Ballyclare compliance with responses

Any data subject with personal data stored within JMDA/The Studio Ballyclare is entitled to the rights of:

Access
You may contact JMDA/The Studio Ballyclare at any time to access all data held relating to you and/or your child(ren). JMDA/The Studio Ballyclare will ensure that we respond to a subject access request without undue delay and within one month of receipt. If the information request will also include data regarding others, JMDA/The Studio Ballyclare has the right to refuse the request or take steps in order to obtain consent from other involved parties.
The right of access does not apply to JMDA/The Studio Ballyclare’s legal obligations such as Child Safeguarding records.

Rectification
You may contact JMDA/The Studio Ballyclare at any time in order to rectify data held relating to you and/or your child(ren). JMDA/The Studio Ballyclare will ensure that we respond to a rectification request without undue delay and within one month of receipt.
The right to rectification does not apply to JMDA/The Studio Ballyclare’s legal obligations such as payment record information.
Erasure
You may contact JMDA/The Studio Ballyclare at any time in order to erase data held relating to you and/or your child(ren). JMDA/The Studio Ballyclare will ensure that we respond to an erasure request without undue delay and within one month of receipt.
The right to erasure does not apply to JMDA/The Studio Ballyclare’s legal obligations such as First Aid records.
Restrict Processing
You may contact JMDA/The Studio Ballyclare at any time in order to restrict the data we process relating to you and/or your child(ren). JMDA/The Studio Ballyclare will ensure that we respond to a request to restrict processing without undue delay and within one month of receipt.
However, due to our legitimate interest in most of the data collected- we may have to revoke your membership with JMDA/The Studio Ballyclare until the restriction is lifted. This is due to Health and Safety and Child Safeguarding.

Data Portability
You may contact JMDA/The Studio Ballyclare at any time in order to obtain the data we process relating to you and/or your child(ren) and reuse it across different services. JMDA/The Studio Ballyclare will ensure that we respond to a request to restrict processing without undue delay and within one month of receipt.
Please note, this does not apply to JMDA/The Studio Ballyclare’s legal obligations.
Objection
You may contact JMDA/The Studio Ballyclare at any time in order to object to the processing of data relating to you and/or your child(ren). JMDA/The Studio Ballyclare will ensure that we respond to a request to restrict processing without undue delay and within one month of receipt.
However, due to our legitimate interest in most of the data collected- we may have to revoke your membership with JMDA/The Studio Ballyclare until the restriction is lifted. This is due to Health and Safety and Child Safeguarding.

Rights related to automated decision making including profiling
You may contact JMDA/The Studio Ballyclare at any time in order to object to profiling relating to you and/or your child(ren). JMDA/The Studio Ballyclare will ensure that we respond to a request to restrict processing without undue delay and within one month of receipt.
However, due to our legitimate interest in most of the data collected- we may have to revoke your membership with JMDA/The Studio Ballyclare until the profiling restriction is lifted. This is due to Health and Safety and Child Safeguarding.
JMDA/The Studio Ballyclare has a lawful reason for profiling; Legitimate Interests and consent.
None of JMDA/The Studio Ballyclare’s decision making is automated. Profiling is only used in circumstances where a participant may have certain health/disability needs which may prevent them from taking part in classes (as it would be unsafe to do so).

Any and all verbal requests are noted, and then contacted again either via phone or email to verify the request. Verbal requests will be responded to in the time frames mentioned above.

Photos/Videos of Participants

JMDA/The Studio Ballyclare often use footage/photos used from shows, performances and classes for marketing purposes both in print media and the website. Participants/their Parent and/or Guardians may choose if they do not wish themselves/their child to be depicted.

Some attendees at events may film/take photos for their own personal use (e.g. parents of other participants). Participants/their Parent and/or Guardians may choose if they do not wish themselves/their child to be depicted.

Social Media:

JMDA/The Studio Ballyclare regularly share photos/videos of students in workshops, events and performances through social media platforms including; Instagram, Facebook, Twitter, Email. These will never be shared with any identifying information (age, location etc.). There may be times where we will share first names, but only with the explicit consent of the parents.

Data Protection in Practice

All members of staff (PAYE, Freelance and Voluntary) must agree to this Data Protection policy.

Complaints and Data Breeches

Complaints:

Complaints in regard to the handling of any personal data can be made directly to JMDA/The Studio Ballyclare’s DPO: Jennifer Milligan (Graham), Artistic Director

Email: info@thestudioballyclare.com

Telephone: 07706258565

Address: JMDA/The Studio Ballyclare, 1C Ballynure Road, Ballyclare BT39 9AG

If you feel that your complaint was not handled in the correct manner, or still have concerns, you may escalate the complaint by contacting the Independent Commissioner’s Office (ICO).

ICO Telephone Number: 0303 123 1113

Data Breeches:

If JMDA/The Studio Ballyclare experiences a data breech of any kind, we have a legal obligation to report this to ICO within 72 hours. The data breech will be reported by the DPO. In the instance they are unavailable to report the breech, the next most senior staff member shall do so.

JMDA/The Studio Ballyclare will also inform all the victims of the data breech as soon as possible if there is a high risk of adversely affecting individuals’ rights and freedoms. JMDA/The Studio Ballyclare will store and record all data breeches​