Class of Your Own Ltd (“COYO”) is committed to being transparent about how we collect and use personal data and to meeting our data protection obligations. This statement sets out our commitment to data protection.
We collect and process data to enable us to: provide educational resources and services; deliver and assess the Design Engineer Construct (“DEC”) learning programs; track and report outcomes and outputs; and ensure compliance.
This statement applies to the personal data of our COYO and DEC website users, clients, students, contacts, third parties or other personal data processed for business purposes.
We have appointed a Data Protection officer with responsibility for data protection compliance. Queries or requests for further information, should be directed to the Data Protection Officer, Class of Your Own Ltd, The Institute, St Nicholas Hall, Wesley St, Sabden, Clitheroe BB7 9EH.
If you are still dissatisfied, there is the right to lodge a complaint with the Information Commissioner’s Office at https://ico.org.uk
Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.
Automated Processing: any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning e.g. that individual’s performance or preferences.
Consent must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signify agreement to the processing of Personal Data relating to them.
Data Controller: the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with GDPR. We are the Data Controller of all Personal Data used in our business for our own business purposes.
Data Subject: a living, identified or identifiable individual about whom we hold Personal Data.
Data Privacy Impact Assessment (DPIA): assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the processing of Personal Data.
EEA: the countries in the EU and Iceland, Liechtenstein and Norway.
Explicit Consent: consent which requires a very clear and specific statement.
Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions.
Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with GDPR.
Privacy Notices or Statements: separate notices setting out information that may be provided to Data Subjects when we collect information about them.
Processing or process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
Pseudonymisation: replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure.
Sensitive Personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.
2. Personal Data We Collect
We only collect data that helps us achieve the purposes set out in this Statement. We will not collect additional data without notifying the owner first. For account holders we may link automatically collected data to the other information we collect from the user.
Data Collected Automatically:
When visitors visit and use our websites, we may automatically collect and store the following information:
Clicked links, and
Data Collected Non-Automatically:
We may also collect the following data when visitors perform certain functions on our websites including creating an account. This data is collected with consent to enable us to create an account for users and is provided by users to enable us to fulfil service delivery:
Date of birth
Email address/Phone number
For students on DEC Learning programs, DEC qualification results and relevant educational progression
Payment information, and
Auto fill data.
Children under 16 years of age are not permitted to create an account or otherwise provide personal data. We will only collect the data of children under 16 years with the express consent of their parents or guardians obtained either via schools and colleges where the children are students, or via direct communication by us with parents or guardians to obtain consent. Our websites expressly require users to first confirm they are over 16 before an account can be created or non-automatic data collection is collected or orders processed.
We recognise that the correct and lawful treatment of Personal Data will maintain confidence in COYO and our DEC programs and will provide for successful operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. Please contact the Data Manager with any questions about the operation of this Privacy Statement or if you have any concerns that this Privacy Statement is not being or has not been followed.
We adhere to the principles relating to processing of Personal Data set out in GDPR which require Personal Data to be:
(a) Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
(b) Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
(c) Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed (Data Minimisation).
(d) Accurate and where necessary kept up to date (Accuracy).
(e) Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is processed (Storage Limitation).
(f) Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).
(g) Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
(h) Made available to Data Subjects who are allowed to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests).
We will demonstrate compliance with the data protection principles listed above (Accountability).
5. Lawfulness, fairness, transparency
5.1 Lawfulness and fairness
Personal data will be processed lawfully, fairly and in a transparent manner in relation to the Data Subject. We will only collect, process and share Personal Data fairly and lawfully and for specified purposes. GDPR restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent processing but to ensure that we process Personal Data fairly and without adversely affecting the Data Subject.
GDPR allows processing for specific purposes, some of which are set out below:
(a) where the Data Subject has given Consent;
(b) if the processing is necessary for the performance of a contract with the Data Subject;
(c) to meet our legal compliance obligations;
(d) to protect the Data Subject’s vital interests;
(e) to pursue our legitimate interests for purposes where they are not overridden because the processing prejudices the interests or fundamental rights and freedoms of Data Subjects. The purposes will be set out in applicable Privacy Notices.
We identify and document the legal ground being relied on for each processing activity.
We will only process Personal Data on the basis of one or more of the lawful bases set out in GDPR, which include Consent. A Data Subject consents to processing of their Personal Data if they indicate agreement clearly either by a statement or positive action. If Consent is given in a document which deals with other matters, then the Consent will be kept separate from those other matters. Data Subjects can withdraw Consent to processing at any time and withdrawal will be promptly honoured. Consent may need to be refreshed if we intend to process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.
Unless we can rely on another legal basis of processing, Explicit Consent will be required for processing Sensitive Personal Data, for Automated Decision-Making and for cross border data transfers. Usually we will be relying on another legal basis (and not require Explicit Consent) to process Sensitive Data. Where Explicit Consent is required, we will issue a notice to the Data Subject. We will keep records of all Consents so that we can demonstrate compliance with Consent requirements.
GDPR requires Data Controllers to provide detailed, specific information to Data Subjects. Whenever we collect Personal Data directly from Data Subjects we will provide the Data Subject with all the information required by GDPR including how and why we will use, process, disclose, protect and retain that Personal Data.
When Personal Data is collected indirectly (for example, from a third party or publicly available source), we will provide the Data Subject with all the information required by GDPR as soon as possible after collecting/receiving the data. We will check that the Personal Data was collected by the third party in accordance with GDPR and on a basis which contemplates our proposed processing of that Personal Data.
6. Purpose limitation
Personal Data will be collected only for specified, explicit and legitimate purposes. It will not be further processed in any manner incompatible with those purposes. We will not use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless we have informed the Data Subject of the new purposes and they have Consented where necessary.
7. Data minimisation
Personal Data will be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed. Our personnel will not process Personal Data for any reason unrelated to their job duties. When Personal Data is no longer needed for specified purposes, it will be deleted or anonymised in accordance with our data retention guidelines.
Personal Data will be accurate and, where necessary, kept up to date. It will be corrected or deleted without delay when inaccurate. We will ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. We will take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
9. Storage limitation
Personal Data will not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed. We will not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the legitimate business purposes for which we originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements. We will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require. This includes requiring third parties to delete such data where applicable. We will inform Data Subjects of the period data is stored and how that period is determined.
10. Security integrity and confidentiality
10.1 Protecting Personal Data
Personal Data will be secured by appropriate technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage. We will develop, implement and maintain safeguards appropriate to our size, scope and business, available resources, amount of Personal Data that we own or maintain on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable). We will regularly evaluate the effectiveness of those safeguards to ensure security of our processing of Personal Data.
We will maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
(a) Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
(b) Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.
(c) Availability means that authorised users are only able to access the Personal Data when they need it for authorised purposes.
10.2 Reporting a Personal Data Breach
GDPR requires us to notify any Personal Data Breach to the applicable regulator and, in certain instances, the Data Subject. We will notify Data Subjects or any applicable regulator where we are legally required to do so.
11. Transfer limitation
GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals is not undermined. We do not transfer personal data outside the EEA and, in any event, we would only transfer Personal Data outside the EEA if one of the following conditions applies:
(a) the European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subjects’ rights and freedoms;
(b) appropriate safeguards are in place;
(c) the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks, or
(d) the transfer is necessary for one of the other reasons set out in GDPR including the performance of a contract between us and the Data Subject; public interest; to establish, exercise or defend legal claims, or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent, and in some limited cases, for our legitimate interest.
12. Data Subject’s rights
Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
(a) withdraw Consent to processing at any time;
(b) receive certain information about processing activities;
(c) request access to their Personal Data that we hold;
(d) prevent our use of their Personal Data for direct marketing purposes;
(e) ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or processed or to rectify inaccurate data/complete incomplete data;
(f) restrict processing in specific circumstances;
(g) challenge processing which has been justified on the basis of our legitimate interests or in the public interest;
(h) request a copy of an agreement under which Personal Data is transferred outside of the EEA;
(i) object to decisions based solely on Automated Processing, including profiling (ADM);
(j) prevent processing that is likely to cause damage or distress to the Data Subject or anyone else;
(k) be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
(l) make a complaint to the supervisory authority, and
(m) in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine-readable format.
We will verify the identity of an individual requesting data under any of the rights listed above.
13.1 We will implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. We have adequate resources and controls in place to ensure and to document GDPR compliance including:
(a) appointing a suitably qualified manager accountable for data privacy;
(b) implementing Privacy by Design when processing Personal Data and completing DPIAs where processing presents a high risk to rights and freedoms of Data Subjects;
(c) integrating data protection into internal documents;
(d) training our personnel on GDPR and data protection matters as required including Data Subject’s rights, Consent, legal bases, DPIA and Personal Data Breaches, and
(e) regularly conducting reviews to assess compliance.
13.2 Record keeping
GDPR requires us to keep full and accurate records of our data processing activities. These records include descriptions of the Personal Data types, Data Subject types, processing activities, processing purposes, third-party recipients of the Personal Data, storage locations, transfers, retention periods and a description of security measures in place.
13.3 Our Personnel
We will ensure personnel have undergone adequate training to enable them to comply with data privacy laws. We require our personnel to commit to contractual data protection and confidentiality obligations where necessary.
13.4 Privacy By Design and Data Protection Impact Assessment (DPIA)
We are required to implement Privacy by Design measures when processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles. We will take into account the following:
(a) the state of the art;
(b) the cost of implementation;
(c) the nature, scope, context and purposes of processing, and
(d) the risks, likelihood and severity for rights and freedoms of Data Subjects posed by the processing.
We will also conduct DPIAs in respect to high risk processing.
13.5 Automated Processing (including profiling) and Automated Decision-Making
Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:
(a) a Data Subject has Explicitly Consented;
(b) the processing is authorised by law, or
(c) the processing is necessary for the performance of or entering into a contract.
If certain types of Sensitive Data are being processed, then grounds (b) or (c) will not be allowed but such Sensitive Data can be processed where it is necessary for substantial public interest like fraud prevention. If a decision is to be based solely on Automated Processing, then Data Subjects will be informed of their right to object. Suitable measures will be put in place to safeguard the Data Subject’s rights, freedoms and legitimate interests. We will inform the Data Subject of the logic involved in the decision making, the signif