Learner Privacy Policy
This Learner Privacy Notice sets out what personal data we, TTE Technical (UK), hold about you and how we collect and use it, both whilst you are working for us and after you have left. It applies to current and former learners.
We are required by data protection law to give you the information in this Privacy Notice. It is important that you read the Privacy Notice carefully, together with any other information that we might give you from time to time about how we collect and use your personal data. You should also read our Data Protection Policy which explains our obligations in relation to personal data and how we keep it secure, as well as what we expect from you when you are handling personal data in the course of your training.
This Privacy Notice applies from 25 May 2018, when the General Data Protection Regulation comes into force. It does not form part of your contract of employment or other contract to provide service and does not give you any contractual rights. We may update this Privacy Notice at any time.
TTE is the “controller” for the purposes of data protection law. This means that we are responsible for deciding how we hold and use personal data about you.
What type of personal data do we hold about you?
Personal data means any information relating to a living individual who can be identified (directly or indirectly) in particular by reference to an identifier (e.g. name, NI number, learner number, email address, physical features). It can be factual (e.g. contact details or date of birth), an opinion about an individual’s actions or behaviour, or information that may otherwise impact that individual in a personal or business capacity.
We hold and use various types of personal data about you, including, for example: biographical details; recruitment information; learner progress; reviews; qualifications; interview and employment information; performance information; details of your holidays and other leave; disciplinary, conduct and grievance matters; health and safety; CCTV footage; technology and systems usage information, etc. Data protection law divides personal data into two categories: ordinary personal data and special category data. Any personal data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health conditions, sexual life or sexual orientation, or biometric or genetic data that is used to identify an individual is known as special category data. (The rest is ordinary personal data).
We hold and use various types of special category data about you, including: sickness absence and medical information; details of family leave which could include information about your health, religious beliefs, sexual life or sexual orientation; equal opportunities monitoring data which could include information about your race or ethnicity, religious beliefs, sexual orientation or health or criminal convictions.
Why do we hold your personal data and on what legal grounds?
We hold and use your ordinary personal data for business administration purposes to support your training programme. This will include, for example: management of our learning relationship with you; administration of your training programme; monitoring and assessment of performance; provision and regulation of holidays and other leave; addressing conduct, disciplinary and grievance issues; performance of day-to-day training activities, etc.
Data protection law specifies the legal grounds on which we can hold and use personal data.
Most commonly, we rely on one or more of the following legal grounds when we process your personal data:
- Where we need it to perform the contract we have entered into with you (performance of the contract) whether this is an agreement of learning contract, an employment contract, a contract for services or another type of contract.
- Where we need it to comply with a legal obligation (legal obligation). Typically, this may include legal obligations such as the obligation: to pay the National Living Wage /National Minimum Wage where applicable; to meet health and safety requirements; not to discriminate or remove learners from programmes unfairly or to access funding.
- 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 (legitimate interest). This may include, for example, managing the relationship with our franchise partnerships, sponsor companies or awarding organisations.
We take extra safeguards with special category data and we collect this based on our legal obligations to you as an individual in fulfilling your qualification but also to government bodies.
We hold and use your special category data for purposes including; managing absence; making adjustments to your programme and or environment to accommodate health conditions or additional learning needs; facilitating the taking a learner break; monitoring equality of opportunity and diversity in our organisation.
Occasionally, we may also hold and use ordinary personal data: in the public interest for the detection or prevention of crime; or where needed to protect your vital interests or those of another person. We may also occasionally hold and use special category data: to establish, exercise or defend a legal claim; where needed to protect your interests (or someone else’s interests) where you are not capable of giving your consent; or where you have already made the information public.
Sometimes we may use your personal data for purposes that are different from or incompatible with those for which we collected it. If we do this, we will notify you and explain our legal ground for using your data in this way, as required under data protection law.
How do we collect your personal data?
You provide us with most of the personal data about you that we hold and use. Other personal data about you we hold and use is generated by you in the course of carrying out your training. For example, when producing documents, using certain equipment such as computers/tablets or when you complete questionnaire for us.
Some of the personal data we hold and use about you is provided by or generated from internal sources during the course of running our business. For example, trainers or other members of staff may refer to you in emails or documents, your registration tutor will assess your progress as part of reviews and when we have to register you for your qualification.
Some of the personal data about you that we hold and use may come from external sources. For example: from your previous education provider, your parent/guardian or the local authority.
If you give us someone else’s personal data
Sometimes, you might provide us with another person’s personal data – e.g. details of your emergency contact or next of kin. In such cases, we require you to inform the individual what personal data of theirs you are giving to us. You must also give them our contact details and let them know that they should contact us if they have any queries about how we will use their personal data.
Who do we share your personal data with?
We will only share your personal data with third parties where we have an appropriate legal ground under data protection law which permits us to do so. Commonly, this could include situations where we are legally obliged to provide the information (e.g. in relation to safeguarding and or where we have concerns criminal activity is being undertaken), to comply with our contractual duties (e.g. our college partnerships) or where it is necessary in our legitimate interest (e.g. to an IT service provider for maintenance of our IT systems and to register you with relevant awarding organisation).
Consequences of not providing personal data
We only ask you to provide personal data when we have a good reason and there may therefore be consequences if you do not provide particular information to us. Some of the personal data you provide to us is required by law for example providing your identification allows us to be able to register you for your qualifications.
We may require you to provide other personal data, where it is necessary for us or our franchise partnerships to fulfil our contractual obligations to you, or for you to fulfil your contractual obligations to us, or where our use of the data is necessary in our legitimate interests.
If you choose not to provide us with personal data requested, we will tell you about the particular implications of any such decision at the relevant time.
How long will we keep your personal data?
We will not keep your personal data for longer than we need it for our legitimate legal or contractual purposes.
We take into account the following criteria when determining the appropriate retention period for learners’ personal data:
- the amount, nature, and sensitivity of the personal data
- the risk of harm from unauthorised use or disclosure
- the purposes for which we process your personal data and how long we need the particular data to achieve these purposes
- how long the personal data is likely to remain accurate and up-to-date
- for how long the personal data might be relevant to possible future legal claims
- any applicable legal, accounting, reporting or regulatory requirements that specify how long certain records must be kept
Given the variety of learners’ personal data that we use and the varying circumstances in which we use it, it is difficult to specify ahead of time precisely how long we will keep particular items of personal data. Where possible, the Tables in the Appendix to this Privacy Notice identify retention periods applicable to your personal data, which have been determined on the basis of the above criteria and which represent the longest period for which we will ordinarily keep it. We may often keep particular items of your personal data for less time. However, there may also be circumstances in which it is appropriate for us to keep particular items of your personal data for a longer period than that set out in the Tables. In particular, we will always keep your personal data for so long as we are required to do so under legal, accounting, reporting or regulatory requirements. In addition, for some types of personal data, it is more appropriate to decide retention periods on a case by case basis (also using the criteria described above), and this is indicated in the Tables where applicable.
We will base these decisions on relevant circumstances, taking into account the criteria listed above.
Your rights
You have a number of legal rights relating to your personal data, which are outlined here:
- The right to make a subject access request. This enables you to receive certain information about how we use your personal data, as well as to receive a copy of it and to check that we are lawfully processing it.
- The right to request that we correct incomplete or inaccurate personal data that we hold about you.
- The right to request that we delete or remove personal data that we hold about you where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
- The right to object to our processing your personal data where we are relying on our legitimate interest (or those of a third party), where we cannot show a compelling reason to continue the processing.
- The right to request that we restrict our processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- The right to request that we transfer your personal data to you or to another party, in a structured format. This right applies in respect of data that you have provided where our legal ground for using the data is that it is necessary for the performance of a contract or that you have consented to us using it (this is known as the right to “data portability”).
If you would like to exercise any of the above rights, please contact the Compliance Department (GDPR@tte.co.uk) in writing. Note that these rights are not absolute and in some circumstances we may be entitled to refuse some or all of your request.
If you have any questions or concerns about how your personal data is being used by us, you can contact the Compliance department.
Note too that you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. Details of how to contact the ICO can be found on their website: https://ico.org.uk
APPENDIX – FURTHER DETAILS
This section of the Privacy notice tells you in more detail about the type of personal data we hold about you, what we use it for, our legal grounds for doing so, who we share it with and how long we keep it.
Please note that we will not necessarily hold, use or share all of the types of personal data as described in this Appendix in relation to you.
Note also that the first two Tables below divide items of personal data into relatively broad categories (under the heading “Type of ordinary personal data held by us”, or “Type of special category personal data held by us”). Where multiple purposes and/or legal grounds for our use of a given “type” of personal data are identified, this does not necessarily mean that all of the purposes and/or legal grounds are applicable to all items of personal data falling within that “type” of personal data.
More information about your ordinary personal data
| Type of ordinary personal data held by us | What we use it for | Legal ground | Guideline retention period |
|---|---|---|---|
| Biographical details (including name, title, contact details, DOB, gender, emergency contacts, photograph) | Administration of the contract, emergency contact details so we can look after your welfare in an emergency, equal opportunities monitoring, DOB for funding purposes photograph for ID badges and on intranet/web to help colleagues/customers/ security to identify you and for safeguarding purposes Awarding Organisation registration. | Legal obligation. Performance of the contract. In our legitimate interest to maintain relevant and appropriate records of recruitment for business administration and administration of your training. | 7 years |
| Recruitment information (including correspondence/assessment/ID checks and related documents) | Administration of the contract, and to check and demonstrate that you have the right to meet eligibility checks relating to funding etc. | Legal obligation. Performance of the contract. In our legitimate interest to maintain relevant and appropriate records of recruitment for business administration and administration of your training. | 7 years |
| Name/ Surname/ email address/ telephone number. | Administration of the feedback when you complete your course or training programme. We will contact you if you leave us negative feedback and we would like a further clarification in regards to that. | Legitimate interest | 1 year |
| Training programme details (including start date, ILP, induction details, ID, GCSE info, ALN/ALS info) | Administration of the contract. Managing our relationship with you on an ongoing basis to allow us to be able to effectively communicate with potential sponsors, Awarding Organisation registrations. | Legal obligation. Performance of the contract. In our legitimate interest to manage our ongoing relationship. | 7 years |
| Payroll, tax/NI and bank details (where relevant) | Paying you, deducting tax and NI as appropriate, keeping appropriate records. | Legal obligation. Performance of the contract. | 7 years |
| Working hours and arrangements (where relevant) | Paying you correctly. Complying with legal requirements regarding working time. Managing attendance, day to day operational management and dealing with requests to alter hours. | Legal obligation. Performance of the contract. In our legitimate interest to manage working hours/ arrangements to ensure effective business operations. | 7 years |
| Performance and progression (including MIAs, reviews, on track, one file etc) | Ensuring you perform in accordance with your training programme and to the standards we require; considering future training programmes. | Performance of the contract. In our legitimate interest to manage performance. | 7 years |
| Qualifications (GCSE/other previous quals) | Ensuring you are appropriately qualified and trained for the current training programme (e.g. the correct level) | Legal obligation. Performance of the contract. In our legitimate interest to ensure that you have appropriate qualifications and training for your current or potential training programme. | 7 years |
| Holidays and other leave (where relevant) | Managing statutory and non-statutory holiday and other leave. | Legal obligation. Performance of contract. In our legitimate interest to ensure leave taken is compatible with our business requirements and that any consequent operational adjustments are made. | During employment in accordance with our disciplinary and grievance policies, and up to 6 months after employment ends. |
| Disciplinary, conduct and grievance matters about you or involving you. | Investigating and dealing with disciplinary, conduct and grievance matters related to you or otherwise involving you. | Legal obligation. Performance of the contract. In our legitimate interest to deal effectively with disciplinary, conduct or grievance matters whether you are the subject of them or are otherwise connected to the issues raised public interest in detecting or preventing unlawful acts. | During employment in accordance with our disciplinary and grievance policies, and up to 6 months after employment ends. |
| Health and safety | Conducting risk assessments; establishing safety measures to mitigate identified risks; providing a safe working environment; keeping required records. | Legal obligation. In our legitimate interest to ensure learners are able to perform their duties in a safe environment for the efficient operation of the business. | Decided on a case by case basis in accordance with the criteria set out in this Privacy Notice, in particular any legal requirement to retain particular records. |
| CCTV footage | Primarily for security purposes, although we may also use CCTV footage when investigating allegations of misconduct by learners. | Legal obligation. Performance of the contract. In our legitimate interest to deal effectively with allegations of misconduct and to maintain the security of our premises. | 28 days after date on which footage was recorded. |
More information about your special category data
| Type of special category data held by us | What we use it for | Legal ground | Special category legal ground | Guideline retention period |
|---|---|---|---|---|
| Sickness absence and medical information (including records relating to absence and its management, information about any medical condition and doctor’s reports and notes) /drug and alcohol testing. Information relating to additional learner needs/support. | Payment of TTE travel to learner/College bursary and statutory sick pay; providing managing absence; considering how your health affects your ability to do your training programme and considering adjustments, which may involve us seeking medical advice on this; compliance with health and safety requirements. Ensuring that we meet learners needs specifically relating to additional learner needs/support. | Legal obligation. Performance of the contract. In our legitimate interest to manage learners with health conditions, maintain a safe working environment and to manage sickness absence of our learners. | Legal obligation/right in relation to employment. Assessment of working capacity. In exceptional circumstances, to protect your or someone else’s interests where consent cannot be given. | Decided on a case by case basis in accordance with the criteria set out in this Privacy Notice. |
| Equal opportunities and diversity (which could include information about your race or ethnicity, religious beliefs, sexual orientation, or health). | To monitor equality of opportunity and diversity in our organisation, comply with company policies. | In our legitimate interest to understand how our organisation is doing with regard to diversity and equal opportunities. | Public interest in monitoring equal opportunities. | During Contract / Employment. |
| Criminal convictions/offences. | When you are training with us, if a criminal conviction comes to light, to investigate and assess the impact, if any, on your continued training programme. | Legal obligations. Performance of the contract. In our legitimate interest to determine whether to recruit individuals with criminal convictions into the learning environment. | You have manifestly made the information public. Establishing, exercising or defending legal claims. Public interest in detecting or preventing unlawful acts. | Decided on a case by case basis in accordance with the criteria set out in this Privacy Notice. |
More information about how we share your personal data
| Who we share your personal data with | What data we share | Why we share it | Legal ground |
|---|---|---|---|
| IT support provider, payroll provider, Pension provider Franchise College , Sponsor/ Employer Awarding Organisation ESFA. | Pay, NI and bank details / IT usage details. Information relating to Safer Recruitment checks/employment history and qualifications. Name/ Surname/DOB. | To enable the service provider to carry out payroll functions/IT services/ to provide and administer pension and benefits. In order to meet our contractual obligations with the franchise partnerships. To register with Awarding Organisation, Access Funding, and find employer. | Performance of contract. In our legitimate interest to engage appropriate service providers to manage payroll/IT, franchise contract etc. |
| Local Safeguarding and Children Services Board and/or Police Prevent (referrals). | Any of your personal data that is relevant to ensure the safety of the child or vulnerable adult and or wider community. | We will share the information with the LSCSB and the Police (where necessary) if we suspect that a child or vulnerable adult is being abused/at risk of abuse or is been radicalised or is involved in terrorism or related activities. We will share this information as we have both a legal and moral duty of care to protect individuals and the wider community as a whole. | Legal obligation. Performance of contract. In our legitimate interest to seek professional advice to clarify our rights/obligations and appropriately defend ourselves from potential claims; to manage the business and its finances. (In relation to special category data – legal obligation/right in relation to employment; defending legal claims) |
| Occupational health professionals/medical professionals/Specialist Teaching Service. | Details of your sickness absences, information we already have about your health/medical conditions as relevant. To obtain relevant assessment report in order to support additional learning needs/support. | To seek a medical report about you in accordance with our sickness and absence policy/to carry out assessments required by health and safety legislation. | Legal obligation. In our legitimate interest to manage sickness, absence and health issues. |