Privacy Policy

Home - Privacy Policy

Privacy and Data Protection

Our terms and conditions, and the privacy notices below, are all written to be fully compliant with European privacy and data regulations (GDPR). We don't sell or share data and we will try and only contact you on things you actually care about.

Our server infrastructure is provided by Rackspace and is based in the United Kingdom. We fully comply with the Government’s Cloud Governance Framework.

We only hold your data because you have given it to us. You have control over how long we keep data for, and when you want us to automatically delete it. We will hold you to the same standards in how you treat data that is collected on our systems.

Pupil Tracking Ltd Privacy and Data Protection Notice

General

Pupil Tracking Ltd ("we" or "us") take the privacy of your information very seriously. Our Privacy and Data Protection Notice is designed to tell you, our clients (schools and those using our service on behalf of our clients, such as teachers or administration staff) and related users (pupils and/or parents or carers of pupils at the client’s school) i.e. users of our Pupil Tracking system ("Service") via a client’s Pupil Tracking website (“Site”) about our practices regarding the collection, use and disclosure of personal and other information about you or your business that are provided by you when you enter into a contract with us, or when related users use the service. This policy applies to information provided by our clients and also applies to information which is processed by us when a client asks us to.

Pupil Tracking Ltd is registered under the Data Protection Act 1998 (the "Act") and from 25 May 2018 the General Data Protection Regulation (GDPR).

Important Note: It’s important to note that Pupil Tracking Ltd is the Data Controller for the information you give us when you become a client, and for certain information obtained from users of the service during the time of using the service. But for the information that you store on your Pupil Tracking System you are the Data Controller and Pupil Tracking Ltd is the Data Processor.

Our Policy

We aim to limit our interaction with your data wherever possible. We have a general policy relating to access to your data. Automated processes may scan your data, but only for an explicit purpose to do with the management of your system or delivery of other services directly to you.

Occasionally, to assist with troubleshooting problems you are experiencing with the system, we will act on your behalf to access your data. Our policy is always to minimise the instances that this occurs, judge the necessity on a case-by-case basis, not to automate this process and only to do so with the knowledge and permission of the owner of the data.

Basis on which we process personal data

Personal data we hold about you will be processed either because:

  • you have consented to the processing for the specific purposes described in this notice;
  • the processing is necessary in order for us to deliver our Service (i.e. to comply with our obligations under the contract between us and our clients);
    or
  • the processing is necessary in pursuit of a “legitimate interest”, a legitimate interest in this context means a valid interest we have in processing your personal data which is not overridden by your interests in data privacy and security.

Personal data we collect as a Data Controller

We may collect and process the following personal information or data about you (information that can be uniquely identified with you):

  • log-in details and information you provide as a client when you register with the Service (Log-In Information);
  • contact information we collect from you as a client about you or your employees (for example, names, addresses, contact addresses, telephone numbers and email address provided to us by you or by your employer) (“Contact Information”);
  • a record of any correspondence between you and us and other interactions with the Service or the Site (“Correspondence Information”)
  • information relating to invoicing and payment transactions
  • information we may require from you when you report a problem or complaint (“Complaints Information”)
  • details of your visits to the service (IP address and User ID) and data added or edited (“Technical Information”)

We only collect such information when you choose to supply it to us. You do not have to supply any personal information to us and you may withdraw your authority for us to process your data or request that we restrict our processing (see below) but our Service may not be operable in practice without providing such data to us.

Information may also be gathered through the Site without you actively providing it, through the use of various technologies and methods such as Internet Protocol (IP) addresses and cookies.

An IP address is a number assigned to your computer by your Internet Service Provider (ISP), so you can access the Internet. We use your IP address to diagnose problems with our server, and to maintain security.

How we use your personal data

Please see the table below which sets out the manner in which we will process the different types of personal data we hold. Please note that some of this data is processed by us as a ‘processor’ and our account holder will be the ‘data controller’.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

When you become a client
Log-in Information
Contact Information
Performance of a contract. Necessary for our legitimate interests (to establish necessary information in order to provide our Service)
When you use the Service as a client (school, teacher)
User Identity
IP Address
Performance of a contract. Necessary for our legitimate interests (in order to provide our service)
When you use the Service as Related User (a parent, pupil or carer)
User Identity
IP Address
Performance of a contract. Necessary for our legitimate interests (in order to provide our service)
When we are asked to assist with technical issues by our clients involving data held in our service
Pupil Data
User Identity
IP Address
Performance of a contract. Necessary for our legitimate interests (in order to provide our service)
To verify whether our Terms of Use are being complied with.
User Identity
IP Address
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation. Necessary to comply with a legal obligation
To administer and protect our business, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data.
User Identity
IP Address
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation. Necessary to comply with a legal obligation.

Sharing your information

We do not disclose any information you provide to any third parties other than as follows:

  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime);
  • in order to enforce any terms and conditions or agreements for our Services that may apply;
  • we may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation, but we will take steps with the aim of ensuring that your privacy rights continue to be protected;
  • to protect the rights, property, or safety of Pupil Tracking Ltd, our clients, or any other third parties.

Other than as set out above, we shall not disclose any of your personal information unless you give us permission to do so.

Security

In order to safeguard the information we collect from you we will take all reasonable steps to ensure that:

  • our servers are protected by security mechanisms and can only be administered via strictly controlled public/ private cryptographic keys;
  • our data processing storage facilities are sited in secure locations to prevent unauthorised access, our infrastructure is provided by Rackspace and certifications for infrastructure provided by Rackspace can be obtained here: Rackspace Certifications.
  • all communication with our servers is encrypted through TLS 1.2, an industry standard encryption method that encrypts data between your computer and our servers so that in the event of your network being insecure no data is passed in a format that could easily be deciphered.

Data Processing

All data added to our service by our clients (schools) we hold as a ‘data processor’. Our client is the data controller for this data. Our terms require that our clients process this data in accordance with applicable data legislation.

Key information about Subscriber Personal Data we process as processor is set out below:

Who are the relevant data subjects?
The data subjects are pupils whose data is stored on the service by the Client
What is the subject matter of this personal data?
The subject matter will include pupil data provided by the Client, in addition to details of processes run by the school in their everyday management.
For how long is the relevant personal data processed and retained? (duration)
The data for individual pupils is processed and retained for the time the pupil is with the client.
How is the relevant personal data processed? (nature and purpose)
The personal data will be processed as required by the school to monitor pupil progress and maintain processes necessary for the functioning of the school with respect to assessment.
What are the obligations and rights in relation to the relevant personal data?
If we are a data processor on behalf of our account holder we will process the data in accordance with our Terms of Use. If we are the data controller we will process the data in accordance with this notice.

Data Retention

Our current data retention policy is to delete or destroy (to the extent we are able to) the personal data we hold about you in accordance with the following:

Category of personal data

Length of retention

Records relevant for tax purposes
8 years from the end of the tax year to which the records relate
Personal data processed in relation to a contract between you and us
7 years from either the end of the contract or the date you last used our Service, being the length of time following a breach of contract in which a contract party is entitled to make a legal claim
Personal data held on marketing or business development records
3 years from the last date on which a data subject has interacted with us
IP Addresses and User ID
365 days
Previous client configuration files
3 months following the date of cancellation of the contract between us and the client
Previous client database
6 months following the date of cancellation of the contract between us and the client

For any category of personal data not specifically defined in this notice, and unless otherwise specified by applicable law, the required retention period for any personal data will be deemed to be 7 years from the date of receipt by us of that data. The retention periods stated in this notice can be prolonged or shortened as may be required (for example, in the event that legal proceedings apply to the data or if there is an on-going investigation into the data).

We review the personal data (and the categories of personal data) we are holding on a regular basis to ensure the data we are holding is still relevant to our business and is accurate. If we discover that certain data we are holding is no longer necessary or accurate, we will take reasonable steps to correct or delete this data as may be required. If you wish to request that data we hold about you is amended or deleted, please refer to clause 10 below, which explains your privacy rights.

Schools using Xporter

If we stop using the Xporter service but the school remains a client we will retain data from the last export. However, if we stop using Xporter and the school is no longer a client then data will be deleted inline with our data retention policy above.

Your privacy rights

The GDPR gives you the following rights in respect of personal data we hold about you:

The right to be informed
You have a right to know about our personal data protection and data processing activities, details of which are contained in this notice.
The right of access
You can make what is known as a Subject Access Request (“SAR”) to request information about the personal data we hold about you (free of charge, save for reasonable expenses for repeat requests). If you wish to make a SAR please contact us as described below.
The right to correction
Please inform us if information we hold about you is incomplete or inaccurate in any way and we will update our records as soon as possible, but in any event within one month. We will take reasonable steps to communicate the change to any third parties to whom we have passed the same information.
The right to erasure (the ‘right to be forgotten’)
Please notify us if you no longer wish us to hold personal data about you (although in practice it is not possible to provide our Service without holding your personal data). Unless we have reasonable grounds to refuse the erasure, on receipt of such a request we will securely delete the personal data in question within one month. The data may continue to exist in certain backup, but we will take steps to ensure that it will not be accessible. We will communicate the erasure to any third parties to whom we have passed the same information.
The right to restrict processing
You can request that we no longer process your personal data in certain ways, whilst not requiring us to delete the same data.
The right to data portability
You have right to receive copies of personal data we hold about you in a commonly used and easily storable format (please let us know a format which suits you). You may also request that we transfer your personal data directly to third party (where technically possible).
The right to object
Unless we have overriding legitimate grounds for such processing, you may object to us using your personal data if you feel your fundamental rights and freedoms are impacted. You may also object if we use your personal data for direct marketing purposes (including profiling) or for research or statistical purposes. Please notify your objection to us and we will gladly cease such processing, unless we have overriding legitimate grounds.
Rights with respect to automated decision-making and profiling
You have a right not to be subject to automated decision-making (including profiling) when those decisions have a legal (or similarly significant effect) on you. You are not entitled to this right when the automated processing is necessary for us to perform our obligations under a contract with you, it is permitted by law, or if you have given your explicit consent.
Right to withdraw consent
If we are relying on your consent as the basis on which we are processing your personal data, you have the right to withdraw your consent at any time. Even if you have not expressly given your consent to our processing, you also have the right to object (see above).
  • All SARs and other requests or notifications in respect of your above rights may be sent to us via our contact page.
  • We will endeavour to comply with such requests as soon as possible but in any event we will comply within one month of receipt (unless a longer period of time to respond is reasonable by virtue of the complexity or number of your requests).

Data Breaches

If personal data we hold about you is subject to a breach or unauthorised disclosure or access, we will report this to the Information Commissioner’s Office (ICO). If a breach is likely to result in a risk to your data rights and freedoms, we will notify you as soon as possible.

Transferring your information outside of Europe

Our current policy and commitment in our Terms and Conditions is to keep all data stored using our service in the UK. Our server infrastructure is provided by Rackspace and is currently based in the United Kingdom.

Notification of changes to our Privacy Notice

We will post details of any changes to our Privacy Notice on the Site to help ensure you are always aware of the information we collect, how we use it, and in what circumstances, if any, we share it with other parties.

Contact us

If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your personal information, you can do so by using the details on our contact page.