GDPR

Faces Arts (FA)
Policy:Data Protection (GDPR) To be reviewed: May 2022

Purpose and Statement: Faces Arts is committed to ensuring the data processed by our charity 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). 
Faces Arts 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 Faces Arts avoids sharing data with third parties, 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 Faces Arts is satisfied that their Data Protection policy is GDPR compliant. 

Main Aims for the policy: Specify the data FA collect, how it is stored/protected and the reason for collecting it
 -State how FA 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 FA data including access, rectification and erasure

Distribution:
To be displayed on the FA website
This policy will be sent directly to members of the public on request
Confirmation of receipt of information - Signed statement from recipient to be held on file

Review and monitoring of policy:
Reviewed annually or in instances of legislative change
Monitoring is part of Management and Supervision

The following policy is based on the below principles:
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
FA is committed to providing fair and understandable privacy policies in relation to personal data.
FA 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 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. 

Participants and Customers
How FA collect personal data:
FA 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 completed by a parent/guardian.
Personal data may also come to us unsolicited via enquiries through our website and to our generic email account.

Why FA collect personal data: To attend any of FA 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 FA 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 FA collects includes but is not limited to: Medical/Disability information, Income information, Ethnicity, 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)
-School/Educational Institution -  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)

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:
Concession Type – further explicate consent sought

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

How data collected is sent internally: FA transports data with all due diligence. 
Enrolment forms are sent to FA 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 6 months. Received paper enrolment forms are destroyed after no more than 4 weeks.

 Storage/Retention of data: Data received through enrolment forms is uploaded manually into our database software. 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.
Our standard retention policy (without the data subject’s right to access, rectification and erasure etc.) is THREE YEARS post final attendance.

Exceptions to our retention policy:

-        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
-        Unsolicited enquiries that do not turn into bookings with current classes are deleted after they have been dealt with

Third Parties/Data Processors: FA does not actively share data with third parties. 

 Freelance Teachers: As many of FA teachers are freelance staff, we have confidentiality and data processor agreements in place. Teachers will never be provided with personal details aside from participant’s first names and any medical information that is pertinent to the running of a class (subject to consent from the data subject)

PayPal:
FA uses PayPal to process orders through our website. By purchasing through PayPal you must agree to their own (GDPR Compliant) policies.
FA is satisfied that their GDPR regulations are thorough, and the information stored in PayPal is secure. 

Child Performance Licensing:
In order to process child performance licences, FA 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, which will be sought at the time of sending participation consent forms.

FA 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 FA has a safeguarding concern in relation to one of our participants, FA are legally required to provide data to the safeguarding board, local council. 
FA is satisfied that their GDPR process are thorough and any data will be stored in a secure environment, and not unnecessarily retained.

Event Programmes:
FA 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). Participants/their Parent and/or Guardians may choose if they want to be included in the programme when they agree to participate at an event.

Schools:
FA must sometimes share personal data with schools (names, DOB, tel number) when taking part in an internal class in order for them to check persons attending. FA is satisfied that their GDPR process are thorough and any data will be stored in a secure environment, and not unnecessarily retained.

 Rights of the data subject and FA compliance with responses: Any data subject with personal data stored within FA is entitled to the rights of:
-        Access 

You may contact FA at any time to access all data held relating to you and/or your child(ren). FA 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, FA 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 FA’s legal obligations such as Child Safeguarding records.

-        Rectification
You may contact FA at any time in order to rectify data held relating to you and/or your child(ren). FA 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 FA’s legal obligations such as payment record information.

-        Erasure
You may contact FA at any time in order to erase data held relating to you and/or your child(ren). FA 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 FA’s legal obligations such as First Aid records.

-        Restrict Processing
You may contact FA at any time in order to restrict the data we process relating to you and/or your child(ren). FA 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 this until the restriction is lifted. This is due to Health and Safety and Child Safeguarding.
-        Data Portability
You may contact FA 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. FA 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 MTA’s legal obligations.
-        Objection

You may contact FA at any time in order to object to the processing of data relating to you and/or your child(ren). FA 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 this 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 FA at any time in order to object to profiling relating to you and/or your child(ren). FA 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 this until the profiling restriction is lifted. This is due to Health and Safety and Child Safeguarding.

FA has a lawful reason for profiling; Legitimate Interests and consent.
None of FA’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
FA 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:
FA 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.