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Introduction

 

Navigate Learning Ltd. is committed to a policy of protecting the rights and privacy of individuals, including customers, product users, and others, in accordance with the General Data Protection Regulation (GDPR) May 2018.

                               

The regulatory environment demands higher transparency and accountability in how organisations manage and use personal data. It also accords new and stronger rights for individuals to understand and control that use.

 

This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments to the GDPR and other relevant legislation.  

 

The Principles

 

Navigate Learning Ltd. shall comply with the principles of data protection enumerated in the EU General Data Protection Regulation 2018. We will make every effort possible in everything we do to comply with these principles. The Principles are:

 

1. Lawful, fair and transparent

Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.

 

2. Limited for its purpose

Data can only be collected for a specific purpose.

 

3. Data minimisation

Any data collected must be necessary and not excessive for its purpose.

 

4. Accurate

The data we hold must be accurate and kept up to date.

 

5. Retention

We cannot store data longer than necessary.

 

6. Integrity and confidentiality

The data we hold must be kept safe and secure

 

Our responsibilities

 

• Analysing and documenting the type of personal data we hold

• Checking procedures to ensure they cover all the rights of the individual

• Identify the lawful basis for processing data

• Ensuring consent procedures are lawful

• Implementing and reviewing procedures to detect, report and investigate personal data breaches

• Store data in safe and secure ways

• Assess the risk that could be posed to individual rights and freedoms should data be compromised

 

Our reasons/purposes for processing data

 

We process personal information to enable us to provide services, support and consultancy services for our clients and their learners, to promote the company and our services, to maintain our own accounts and to support and manage our staff. 

 

The types of data processed

 

We process personal information about:

• Our clients

• Our clients' learners

• Our clients’ business contacts

• Our employees

• Our Business contacts

• Complainants and enquirers

• Suppliers and service providers

 

We process the following information for our customers as relevant to the above reasons/purposes:

 

• For learner users:

  • Name

  • Provided email address

  • Associated educational attribute data (dept., course, group, year group, tutors)

  • Gender

• We also process sensitive classes of information about learner users that may include:

• Racial or ethnic origin

• Special Education requirements

• Physical and Mental health requirements

 

• For staff users:

  • Name

  • Job title

  • Provided email address

  • Provided telephone number

 

• For our clients’ business contacts:

  • Name

  • Job title

  • Provided email address

  • Provided telephone number

 

 

Location of our stored data

 

Our data is stored at rest in the UK Microsoft Azure Cloud Services data centre region ‘UK South East’.

 

Access to data

 

Navigate technical staff have access to maintain the Navigate service. MS Azure Cloud Services technical staff have access to the cloud environment for support purposes only.

 

Safety and security of data

 

Access controls are in place to restrict access on the database server. Physical controls are in place restricting access to the datacentre. Access to data via the Navigate application is restricted to data owners and Navigate staff for the purposes of application management. Data transferred via the Navigate application is encrypted.

 

Data Processing

The Data Processing Agreement forms part of the Contract for Services between Navigate Learning Ltd. and our customers.

WHEREAS

(A) The Company acts as a Data Controller.

(B) The Company wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.

(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

(D) The Parties wish to lay down their rights and obligations.

1. Definitions and Interpretation

1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:

1.1.1 “Agreement” means this Data Processing Agreement and all Schedules;

1.1.2 “Company Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to or in connection with the Principal Agreement;

1.1.3 “Contracted Processor” means a Subprocessor;

1.1.4 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;

1.1.5 “EEA” means the European Economic Area;

1.1.6 “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;

1.1.7 “GDPR” means EU General Data Protection Regulation 2016/679;

1.1.8 “Data Transfer” means:

1.1.8.1 a transfer of Company Personal Data from the Company to a Contracted Processor; or

1.1.8.2 an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);

1.1.9 “Services” means the collection and storage of user data as part of the services the Company provides.

1.1.10 “Subprocessor” means any person appointed by or on behalf of the Processor to process Personal Data on behalf of the Company in connection with the Agreement.

1.2 The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

2. Processing of Company Personal Data

2.1 Processor shall:

2.1.1 comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and

2.1.2 not Process Company Personal Data other than on the relevant Company’s documented instructions.

2.2 The Company instructs Processor to process Company Personal Data.

3. Processor Personnel
Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4. Security

4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

5. Subprocessing

5.1 Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorized by the Company.

5.2 existing sub processors (listed in schedule A) are considered to be approved by the customer.

6. Data Subject Rights

6.1 Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.

6.2 Processor shall:

6.2.1 promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and

6.2.2 ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.

7. Personal Data Breach

7.1 Processor shall notify Company without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

7.2 Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

8. Data Protection Impact Assessment and Prior Consultation

8.1 Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

9. Deletion or return of Company Personal Data

9.1 Subject to this section 9 Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.

10. Audit rights

10.1 Subject to this section 10, Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.

10.2 Information and audit rights of the Company only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

11. Data Transfer

11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

12. General Terms

12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:
(a) disclosure is required by law;
(b) the relevant information is already in the public domain.

12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.

13. Governing Law and Jurisdiction

13.1 This Agreement is governed by the laws of United Kingdom

13.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of The United Kingdom subject to possible appeal.

Schedule A

The existing sub processors are used by Navigate Learning Ltd.

1. Microsoft – Azure hosting

2. Microsoft – Office 365 and SharePoint online

 

 

Data backup

 

Daily backups are taken. These are stored in a secure environment with the same physical access restrictions. Automated full backups occur overnight. Hourly incremental backups are also performed. These are all stored securely in Azure Datacentre.

 

Backup retention periods:

• Point in time recovery for 7 days

• Weekly backup kept for 4 weeks

• First backup of each month kept for 6 months

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Third Parties

 

Navigate Learning Ltd. must ensure that data processed by external processors, for example, service providers, Cloud services including storage, web sites etc. are compliant with this policy and the relevant legislation.

 

Breach

 

In the event of a breach of security leading to the accidental or unlawful destruction, loss alteration, unauthorised disclose of, or access to, personal data, Navigate Learning Ltd. shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO.

 

Procedure for review

This policy will be updated as necessary to reflect best practice or future amendments made to the General Data Protection Regulation (GDPR) May 2018 and Data Protection Act 1998.

 

Please follow this link to the ICO’s website (www.ico.gov.uk) which provides further detailed guidance on a range of topics including individuals’ rights, exemptions from the Act, dealing with subject access requests, how to handle requests from third parties for personal data to be disclosed etc. In particular, you may find it helpful to read the Guide to Data Protection which is available from the website.

 

For help or advice on any data protection or freedom of information issues, please do not hesitate to contact:

The Data Protection Officer (DPO): Chris Rowe, Director chris.rowe@navigate.uk.com

 

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