Data Protection

1. Policy statement

• Every individual is entitled to rights in regards with their personal data management. In the course of our service, personal data of the students, staff and other third parties will be gathered, stored and processed. The data will be handled and provided for successful business operations in the lawful manner with high confidence.
• All the ES Training employees are required to observe strict compliance to this policy, failing to which may incur disciplinary actions

1. About this policy
   • Information about current, former, and prospective students, current and past staff, homestay hosts and their families or other residents in the home, and other third parties, such as those with whom we communicate, are the types of personal data that ES Training may be required to handle.
   • The personal data collected from any individual will be processed based on the policies mentioned in this section or any other document referred.
   • This policy is open to amendment and it is not included in the employment contracts.­
   • The rules and legal conditions for data protection defined in the policy is required to be followed while obtaining, managing, processing, transferring and storing personal data.
   • Ensuring compliance to the Data Protection policy by everyone concerned is the responsibility of the Managing Director. Any queries or complaints pertaining to this policy should be referred to the Principal, ES Training.

1. Definitions of data protection terms
   • Data refers to the information stored in any electronic or paper-based form.
   • Data subjects in this policy’s context stands for all the individuals whose personal data have been collected. The data subject will not necessarily be a UK resident or national. The data subjects are entitled to legal rights in terms of their personal data.
   • Personal data refers to the data about an individual that helps in identifying the concerned individual. It includes factual information – name, address or date of birth as well as opinions about any individual, their actions or behaviour.
   • Data controller is the establishment who defines the purpose and manner of processing the personal data. It is the data controller’s responsibility to establish processes and policies in terms with the Data Protection Legislation. We hold the data controller role for all the personal data used for our business operations.
   • Data processor refers to an external organisation who performs personal data processing on behalf.
   • Processing is an action involving data usage. It includes acquiring, recording or storing the data, or carrying out any operation or set of operations on the data including organising, altering, restoring, using, revealing, erasing or destroying it. Processing also includes transferring personal data to third parties.

• Special categories of personal data involve data related to an individual’s race, ethnicity, political opinions, religious or other beliefs, trade union membership, physical or mental health or condition or sexual life. Strict conditions need to be followed while processing information under the special categories. Information relating to the commission of, or proceedings for, any offence committed or alleged to have been committed, the disposal of such proceedings or the sentence of any court in such proceedings is subject to similar safeguards.

1. Data Protection Principles
   • Processing of personal data must be strictly adhered to the data protection principles that says personal data should be:
     • Processed in fair and lawful terms
     • Processed appropriately for limited purposes
     • Adequate, relevant and not excessive for the purpose
     • Accurate and latest
     • Not retained for after completion of the purpose
     • Maintained secure
   • As per the legislation, processing of the personal data should be in accordance with the data subjects’ rights and should not be transferred to organisations or people in countries without the required protection.
2. Fair and lawful processing
   • The Data Protection Legislation aims to implement a fair processing of personal data without causing any effect to the data subjects’ rights in any form.
   • In order to process personal data lawfully, it should be in accordance with one of the legal justifications outlined in the Data Protection Legislation. This may imply the data subject expressed consent for processing or the processing is vital for accomplishing any contract, for complying with legal conditions, or for the legitimate interest of the data controller or party.
   • In case of processing personal data from the special categories of personal data or information regarding criminal offences (such as DBS checks), additional conditions have to be observed.
   • Being the data controller for our organisation, we ensure the legal requirements are maintained during data processing.
3. Processing for limited purposes
   • In order to perform our business operations, we may collect and process data for various purposes, such as enrolment to courses, administering the courses, information for attaining homestays, recruiting and administering staff, and complying with our legal terms.
   • Any information obtained from the data subject by means of admission forms, mails, phones, emails or otherwise and other data received through other sources including business associates, sub-contractors in technical, payment and delivery services are considered to be personal data.
   • The data processing will only be conducted for specific purposes defined in this policy and permitted under the Data Protection Legislation. The data subjects will be notified about the same when we collect the data or soon after that.

1. Notifying data subjects
   • On collecting personal data from the data subjects, we offer them information regarding transparency as necessitated by the Data Protection This may include the purpose for processing the personal data, types of our third-party partners who might receive the data, and that the data subjects are entitled to specific rights.
   • In case of receiving the data subject’s personal data through other sources, we would inform the data subject at the soonest possible time.
   • If we receive personal data about a data subject from other sources, we will provide the data subject with this information as soon as possible thereafter.
   • We will inform data subjects whose personal data we process that we are the data controller with regard to that data.
2. Adequate, relevant and non-excessive processing

We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.

1. Accurate data

We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.

1. Timely processing

We will not keep personal data longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.

1. Processing in line with data subject’s rights
   • We will process all personal data in line with data subjects’ rights, in particular their right to:
     • Request access to any data held about them by a data controller (see paragraph 15 for more information).
     • Prevent the processing of their data for direct-marketing
   • From 25 May 2018, data subjects will have additional rights to request:
     • That any inaccurate personal data about them is corrected
     • That their personal data is deleted
     • That we stop using their personal information for certain purposes
     • That personal data is provided to them in a portable format
     • That decisions about them are not made by wholly automated means
   • Some of the rights listed above are limited to certain defined circumstances and we may not be able to comply with requests.
   • If a data subject is unhappy with the way we are processing or have processed their personal data, they have a right to complain to the Information Commissioner’s Office. More information about this can be found at: https://ico.org.uk/concerns/.
2. Data security
   • We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
   • We will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
   • We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
     • Confidentiality means that only people who are authorised to use the data can access it.
     • Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.

• Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on our central computer system instead of individual PCs.

• Security procedures include:
  • Entry controls. Any stranger seen in entry-controlled areas should be
  • Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
  • Methods of disposal. Paper documents should be shredded. Digital storage devices should be physically destroyed when they are no longer required.
  • Equipment. All computer users must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.

1. Transferring personal data to a country outside the EEA
   • We may transfer any personal data we hold to a country outside the European Economic Area (EEA), provided that one of the following conditions applies:
     • The country to which the personal data are transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.
     • The data subject has given consent.
     • The transfer is necessary for one of the reasons set out in the Data Protection Legislation, including the performance of a contract between us and the data subject, or to protect the vital interests of the data subject.
     • The transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims.
     • The transfer is authorised by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms, and the exercise of their rights.
   • Subject to the requirements listed above, personal data we hold may also be processed by employees operating outside the EEA who work for us or for one of our suppliers.
2. Disclosure and sharing of personal information
   • We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
   • We may also disclose personal data we hold to third parties:
     • In the event that we sell or buy any business or assets, in which case we may disclose personal data we hold to the prospective seller or buyer of such business or
     • If we or substantially all of our assets are acquired by a third party, in which case personal data we hold will be one of the transferred assets.
   • If we are under a duty to disclose or share a data subject’s personal data in order to comply with any legal obligation, or in order to enforce or apply any contract with the data subject or other agreements; or to protect our rights, property, or safety of our employees, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
   • We may also share personal data we hold with selected third parties for the purposes set out in this policy.

1. Dealing with requests for exercise of individual rights
   • Data subjects may make a request under the rights listed in paragraph 11, including for access to information we hold about Employees who receive such a request should forward it to the Principal / Director of Junior Courses immediately.
   • When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
     • We will check the caller’s identity to make sure that information is only given to a person who is entitled to it.
     • We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
   • Our employees will refer a request to their line manager [or NAME] for assistance in difficult situations. Employees should not be bullied into disclosing personal information.
2. Changes to this policy

We reserve the right to change this policy at any time. Where appropriate, we will notify data subjects of those changes by mail or email.