Privacy Policy

Privacy Notice for children and young people who are cared for by Surety Care Limited

This Privacy Notice is effective from 31st July 2024.

We will update this Privacy Notice from time-to-time. When we do change the notice (in a significant way), we will post an update on our website.

Surety takes data protection and confidentiality very seriously. This Privacy Notice covers:

How we collect and use personal data
What personal data we collect
How we store your personal information
Protection of your personal information
How we use your personal information
Disclosure to 3rd parties
Accuracy and retention of personal information
Access to personal information
Additional rights

We collect personal data about our children and young people so please make sure that you read through this notice and get in touch if you have any questions.

Privacy questions

If you have any questions or concerns about this Privacy Notice or how we process your information, or if you would like to make a complaint about a possible data breach please contact us:

Email: DataProtection@suretycare.co.uk

Postal address:
Data Protection Officer
Surety House
Old Road
Matlock
Derbyshire
DE4 2ER

We take data security extremely seriously and all such communications are examined and replies issued where appropriate as soon as possible. If you are unsatisfied with the reply you receive, you may refer your complaint to the Information Commissioner’s Office (ico.org.uk)

PRIVACY NOTICE FOR CHILDREN AND YOUNG PEOPLE IN OUR CARE

1. Collection and use of children and young people personal data

You may be asked to provide your personal information anytime you are in contact with Surety. Surety and its affiliates may share this personal information with each other but will always use it in accordance with this Privacy Notice. We may also combine it with other information to provide and improve our services. You are not required to provide the personal information that we may request, but, if you chose not to do so, in many cases we will not be able to provide you with our services or respond to any queries you may have.

We understand the importance of taking extra precautions to protect the privacy and safety of the children and young people under our care. The information that we collect, hold and share may include:

Personal information (such as name, unique pupil number and address)
Characteristics (such as ethnicity, language, nationality, country of birth and free school meal eligibility)
Attendance information (such as sessions attended, number of absences and absence reasons)
Physical and mental health information
NHS number
National Insurance number

We use the child, young person’s information to comply with the law regarding data sharing for the following:

To support the care we deliver
To support the child, young person’s wellbeing
To support learning
To monitor and report on educational progress
To assess the quality of our services

When you contact us, we may collect a variety of information, including your name, postal address, telephone number, email address, contact preferences or credit card information.

If our services are commissioned for the child, young person by third parties (your GP, local authorities, clinical commissioning groups, private medical insurers etc.) they will provide us with a variety of information, including the child, young person’s name, postal address, telephone number, email address and, medical/educational history.

During the course of the child, young person’s time with us we will keep information about them in their personal records like their name, address and date of birth together with details of any care and/or treatment that they are having.

Whilst the majority of child, young person information provided to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the law, we will inform you whether you are required to provide certain child, young person information to us or if you have a choice in this.

2. How we store the personal information

The personal information we collect is stored in a variety of paper and electronic forms. Regardless, we have appropriate and adequate technical and administrative processes in place to make sure that all your information is kept secure.

3. Protection of the personal information

Surety takes the security of the child’s, young person’s and your personal information very seriously. To make sure the personal information is protected, we have a series of technical and administrative measures in place. Access is limited only to those of our employees who need to access it to provide services to the child, young person.

All members of staff are required to undertake data protection and confidentiality training every two years and our privacy and security guidelines are communicated to all Surety employees. These privacy safeguards are monitored and strictly enforced. We send any information that we need to share with any third parties either as a legal requirement or through an anonymised process securely.

All data is stored on servers within data centres in the UK, although at times they may be temporarily outside the UK but within the EU. Except where we expressly state that we will do so, we will not transfer your personal data outside the European Economic Area (EEA).

4. How we use the personal information

The personal information we collect and store about the child, young person allows us to provide services to them. We also use it to help us develop, operate, deliver, and improve the quality of the care we provide or, more generally, the type of services that we offer. From time to time, we may use the personal information to send important notices, such as updates to the child, young person’s care and/or treatment plans or changes to our terms, conditions and policies. Because this information is important to the child, young person’s and your interaction with Surety, you may not opt out of receiving these communications.

We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our services and our communication with you and the child, young person.

We may use the personal information to test our computer systems such as the software we use to store the child, young person’s health, social, care and education records to improve our services. If you do not wish for the information to be used for these purposes, you can let us know.

If you don’t want to be contacted by us after the child, young person is no longer using our services, you can opt out anytime by letting us know.

We will not sell, share or give information to third parties for marketing purposes.

Disclosure to third parties

We routinely share child, young person information with:

schools that they attend after leaving us
local authorities
Ofsted

We do not share information about the children, young people in our care with anyone without consent unless the law and our internal policies allow us to do so. As such, we will only share personal information with other third parties in the following circumstances:

Where you have given your consent to the information being shared
Where there are issues or concerns like the health and safety of yourself, the child, young person or others
Where there is a legal requirement or responsibility to share the information

Personal information of children, young people may also need to be shared with third parties to make arrangements for the funding and/or payment of services received.

Additionally, in the event of a reorganization, merger, or sale of Surety Care Limited or any part of it, we may transfer any and all personal information we collect to the relevant third party.

Accuracy and retention of personal information

Surety makes it easy for you to keep your and the child’s, young person’s personal information accurate, complete, and up to date. If any information changes please let us know so that we can update our records.

We are legally required to hold certain information about you and the child, young person for a set period of time. All personal information will be deleted or securely destroyed at the appropriate time and we will not keep the personal information for longer than is required or permitted by law.

Access to personal information

Except where we expressly state that we will do so, we will not transfer your personal data outside the European Economic Area (EEA).

Data security

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 data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data 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 breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

In some circumstances you can ask us to delete your data: see Request for Erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These are set out in the Glossary below.

If you wish to exercise any of your legal rights set out, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Glossary

LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

External Third Parties

Service providers acting as processors based in the United Kingdom who provide IT and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data 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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Additional rights

You may also have the right to:
Object to processing of personal data that is likely to cause, or is causing, damage or distress
Prevent processing for the purposes of direct marketing
Object to decisions being taken by automated means
In certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed
Data portability

If you believe you have any of these additional rights or you wish to exercise them, please let us know.

Privacy notice for SURETY COLLEAGUES

Employee Privacy Notice in respect of Surety Care Limited

This Privacy Notice is effective from 31st July 2024 and is applicable to Surety Care Limited.

We collect personal data about our colleagues so please make sure that you read this notice and get in touch if you have any questions.

We will update this Privacy Notice from time-to-time. When we do change the notice (in a significant way), we will post an update on our website.

Surety takes data protection and confidentiality very seriously. This Privacy Notice covers:

What is a Privacy Notice
What information we will collect, store and use about you
How we collect your personal information
For what purpose we will use your personal information
What happens if you fail to provide personal information
How changes of purpose will be managed
Why we might share your personal information with third parties
What type of third party service providers’ process your personal information
How we may share your personal information with third parties
How long we will use your information
How we store your personal information
Protection of your personal information
Accuracy of personal information
When might we transfer your information overseas
Access to personal information
Automated decisions
Data portability
Additional rights
Privacy questions

If you have any questions or concerns about this Privacy Notice or how we process your information, or if you would like to make a complaint about a possible data breach please contact us:

Email: dataprotection@suretycare.co.uk

Postal address:
Data Protection Officer
Surety House
Old Road
Matlock
Derbyshire
DE4 2ER

What is a Privacy Notice

Surety is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you how we hold and use your personal information.

This notice applies to current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical. It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under data protection legislation.

What information will we collect, store and use about you

We will collect, store, and use the following categories of personal information about you:
Personal contact details such as name, title, address, telephone numbers and personal email addresses
Gender
Date of birth
Marital status and dependants
Next of kin and emergency contact information
National Insurance Number
Bank account details, payroll records and tax status information
Salary, annual leave, pension and benefits information
Records/results of any pre-employment checks (including credit and fraud checks)
Start date and, if different, the date of your continuous employment
Leaving data and your reason for leaving
Location of employment or workplace
Attendance records or timesheets
Copy of passport and driving licence
Employee personal relationships with anyone else working for the company
Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process)
Employment records (including job titles, work history, working hours, holidays, training records and professional memberships)
Employment and management records will include disciplinary and grievance records, flexible working requests, performance records, appraisals and training records, holiday and attendance records, terms and conditions of employment
Compensation history
Performance information
Disciplinary and grievance information
CCTV footage, audio CCTV recordings (in limited circumstances) and other information obtained through electronic means such as swipe card records
Information about your use of our information and communications systems
Photographs
Results of HMRC employment status check, details of your interest in and connection with intermediary through which your services are supplied

We may also collect, store and use the following sensitive special categories of personal information:

Information about your race or ethnicity, religious beliefs, sexual orientation, and political opinions
Trade union membership
Information about your physical and mental health, including any medical condition, health, and sickness records including:
- Pre-employment medical screening tests
- Information on vaccinations received
- Where you leave employment and under any share plan operated by a group company the reason for leaving is determined to be ill-health, injury, or disability, the records relating to that decision
- Details of any absences (other than holidays) from work including time on statutory paternal leave and sick leave
- Any health information in relation to a claim made under a health insurance scheme
- Where you leave employment and the reason for leaving is related to your health, information about that condition needed for pension and health insurance purposes
Genetic information (where applicable)
Biometric records for the purposes of time recording attendance at sites
Information about criminal convictions and offences

How we collect your personal information

We collect personal information about employees, worker and contractors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies such as immigration consultants, or the Disclosure and Barring Service.

We may also collect personal information from the trustees or managers of pension arrangements operated by a group company.

We will collect additional personal information in the course of job-related activities throughout the period of you working for us.

For what purpose we will use your personal information

We will only use your personal information when the law allows us to. Mostly comply, we will use your personal information in the following circumstances:

Where we need to perform the contract we have entered into with you
Where we need to comply with a legal obligation
Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests

We may also use your personal information in the following situations, which are likely to be rare:

Where we need to protect your interests (or someone else’s interests)
Where it is needed in the public interest or for official purposes
The situations in which we will use your personal information include:
Making a decision about your recruitment or appointment (for example CV, application form)
Checking you are legally entitled to work in the UK
Paying you and, if you are an employee or deemed an employee for tax purposes, deducting tax and national insurance contributions
Providing the following benefits to you: salary, pensions, insurance, and benefits administration (including pensions)
Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties
Liaising with the trustees or managers of a pension arrangement operated by a group company, your pension provider, and any other provider of employee benefits
Administering the contract we have entered into with you
HR, business management, planning purposes
Making decisions about salary reviews or compensation
Conducting inductions, appraisals or performance reviews, handling disciplinary and grievance matters, performance management, career planning, training, promotion, secondments, etc.
Dealing with legal disputes involving you, or other employees, workers and contractors, including accident at work
Managing disability, sickness or other types of leave, e.g. maternity leave, paternity leave
Ascertaining your fitness to work
Facilitating the settlement of expenses staff have incurred in the course of the business in accordance with their employment contracts
Facilitating communications between employees and members within the business
Internal record-keeping purposes to enable us to maintain an audit trail in respect of approvals of decisions, voting, and any internal surveys
Managing and safeguarding our management, IT, and communications systems
Security reasons
Complying with health and safety obligations
Preventing fraud
Performing workforce analysis, project management, and planning
Education, training, and quality purposes
Equal opportunities monitoring
Legal reasons, e.g. complying with employment and health and safety obligations, ensuring you are legally entitled to work in the UK, establishing or defending legal claims, for record-keeping purposes (including, without limitation, to keep pension records or records for tax purposes), to defend our legal rights, etc.
Ensuring network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution
Testing our computer systems to improve our services to you, i.e., when there are changes to the National Minimum Wage or Living Wage

If you do not wish for your information to be used for these purposes, you can let us know. Some of the above grounds may overlap and there may be several grounds that justify our use of your information.

We process sensitive personal information for the following purposes:

for security purposes and to assist with time recording at various premises by using biometric measurement data;
managing sickness absence, providing reasonable adjustments in the workplace and administering benefits; and
for legal reasons, e.g. to comply with employment and health and safety obligations.

We will use information about your gender or race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

We will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations.

What happens if you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with any legal obligations (such as to ensure the health and safety of our workers).

How changes of purpose will be managed

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will publish an updated Privacy Notice on our website.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Why we might share your personal information with third parties

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

What type of third party service providers’ process your personal information

“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group and their employees, representatives, strategic investors and their respective advisors.
Surety engages these third parties to provide certain services to the business. In order for them to provide their services, we need to allow them to process personal data necessary for their tasks. When we use third parties to process personal data on our behalf, we require them to commit to compliance with relevant data protection legislation.
The following activities are carried out by third-party service providers: payroll, pension administration, benefits provision and administration, IT services, management and data storage and intranet services, occupational health/other benefits.

How we may share your personal information with third parties

We may share your personal information with other third parties:

Sale or restructuring. We may need to share your personal information if a sale or restructuring of all or part of Surety occurs. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

Request from a regulator or otherwise to comply with the law. We may also share your personal information: (i) with a regulator; (ii) to comply with the law; or (iii) in other circumstances when we are legally permitted to do so. This may include making returns to HMRC and disclosures to any other regulatory bodies which have authority over Surety or its group, our professional advisers (such as lawyers, auditors, immigration advisors etc.), disclosures to stock exchange regulators, disclosures to shareholders such as directors’ remuneration reporting requirements and to such third parties as we reasonably consider necessary in order to prevent crime.

If we are making an application to the Home Office or other government body on your behalf we may share your personal information with them as part of the application or investigations that arise in connection with immigration control. Data shared with the Secretary of State may subject to additional immigration exemptions.

How long will we use your information

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with our retention policy, applicable laws and regulations.

How we store your personal information

Protection of your personal information

We have put in place appropriate security measures to prevent your personal information 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 employees, 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. Details of these measures may be obtained from the Data Protection team at dataprotection@suretycare.co.uk.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Accuracy of personal information

Surety makes it easy for you to keep your personal information accurate, complete, and up to date. If any of your information changes please let us know so that we can update our records.

When might we transfer your information overseas

We will transfer the personal information we collect about you to countries within the European Economic Area. There are adequacy regulations in respect of these countries. This means that the countries to which we transfer your data are deemed to provide an adequate level of protection for your personal information.

We may transfer personal information we collect about you to the United States of America or other parts of the world outside the United Kingdom where there has not been an adequacy decision . This means that these countries are not deemed to provide an adequate level of protection for your personal information. We will transfer your personal data to those countries in limited circumstances that include when a third party supplier (such as IT software supplier) has operations (or provides IT software support for example) in such a country and can only deliver their service to Surety by transferring your personal data to that country or because their IT infrastructure is structured in such a way that data is stored in those countries.

To ensure that your personal information does receive an adequate level of protection we put in place the following appropriate measures to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects UK law on data protection: data protection agreements, technical and organisational measures, standard contractual clauses and binding corporate rules (where applicable). If you require further information about this or these protective measures, you can request more information from the Data Protection team at dataprotection@suretycare.co.uk.

Access to personal information

You are entitled to see what personal information we hold about you at any time. This Privacy Notice outlines the information we hold about you and why. If you wish to access your personal information, please contact us at dataprotection@suretycare.co.uk.

We are not required to process any request for access which is frivolous or vexatious, jeopardizes or otherwise affects the privacy of others, are impractical, or for which access is not otherwise required by law. We will let you know in writing if any of these circumstances apply to your request.

Automated decisions

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

Data portability

You may have a right to data portability under the UK GDPR (General Data Protection Regulation.)

The right to data portability allows you to obtain and reuse a copy of your personal data for:

your own purposes; or
for us to send the information to a new provider on your behalf (where technically feasible)
It allows you to move data, copy data and transfer data.

The right to data portability ensures that it is done in a safe and secure way without affecting its usability. However, it will only apply to information concerning you which you have provided to us and where it is held electronically (so does not include paper records).

This may include data such as:

Username
Email address
Website or search usage history
Traffic and location data

You can make a data portability request verbally or in writing when we are processing your information:

By automated means and rely on your consent to use your personal data; or
When we use your data as part of a contract you have with us.

We will ensure that we provide your information in a ‘structured’, ‘commonly used’ and ‘machine-readable’ format.
You can find further information on the Information Commissioner’s Office website: https://ico.org.uk/your-data-matters/your-right-to-data-portability/

If you would like to make a data portability request please email dataprotection@suretycare.co.uk. Please note that as part of the process we may be required to verify your identity.

We will aim to respond to your request within a month but may respond within a further two months if the request is complex or we have received a number of requests from you.

Additional rights

You may also have the right to:

Object to processing of personal data that is likely to cause, or is causing, damage or distress
Prevent processing for the purposes of direct marketing
Object to decisions being taken by automated means
In certain circumstances, have inaccurate personal data rectified, blocked, erased, or destroyed
Data portability

If you believe you have any of these additional rights and you wish to exercise them, please let us know.

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