College Policies

Internal Quality Assurance Policy

Policy Statement

Internal Quality Assurance (IQA) is concerned with monitoring the learner journey throughout their time undertaking a qualification at Mindspace College.

IQA involves monitoring the training and assessment activities and the quality of work learners produce, in terms of meeting the correct internal assessment criteria. Internal quality assurance helps to ensure that assessment and IQA activities are valid, authentic, sufficient, fair, and reliable.

Internal quality assurance measures the quality, delivery, processes, procedures, and learner achievements.

Statement of Principles

Key concepts and principles of internal quality assurance of assessment include:

• ensuring quality standards throughout the learner journey
• ensuring accuracy and consistency of assessment decisions made by tutors
• identifying issues and trends that develop
• supporting and developing tutors
• ensuring accountability for assessment decisions and quality standards, awarding body procedures and policies are maintained
• ensuring achievement made by learners and judged by tutors is recognised and meets the grading criteria
• ensuring the correct and appropriate assessment strategies are used by tutors
• ensuring sampling at both interim and summative points are occurring

Internal quality assurance principles include ensuring standardisation activities take place, assessment decisions embrace inclusion, equality is promoted with learners and the diversity of learners is valued by all staff. It ensures that fairness is apparent in all assessment decisions and that there are auditable records to show this.

Other principles include ensuring all tutors have access to training and CPD, that tutors and staff members are motivated and that clear communication between them takes place regularly.

IQA Activities

Mindspace College will undertake a range of Internal Quality Assurance activities in line with best practices, these shall include the following:

• Internal Verification – this process shall take place at least annually for each qualification delivered. An assigned Internal Verifier shall review the design, delivery, and assessment of qualifications. Following this process, an Internal Verification Report template shall be completed.
• Internal Moderation – an assigned moderator shall review a sample of tutor-assessed work to ensure that assessment decisions are reliable, consistent, and fair. The Internal Moderator shall also check that candidates have been given accurate and appropriate feedback on their work. The frequency of moderation and sample size shall be determined in accordance with any qualification awarding body guidance. Following moderation an Internal Moderation Report template shall be completed.

Any disagreements with IQAs findings will be reviewed by the Director of Mindspace College, who will have the final say on any judgements.

As part of the Internal Moderation process, Sampling Plans will be produced that shall identify learners, tutors, and the assessment criteria to be sampled. Sampling activities will meet the requirements of the awarding organisations Mindspace College are approved with.

Tutor Development Meetings

will be undertaken regularly (at least twice per year) with IQAs, Assessors, Tutors, and relevant coordination staff present. These meetings will include any cascade of standardisation activities, which will meet the requirements of the awarding organisations Mindspace College are approved with.

All meetings will have a set agenda and minutes shall be produced and disseminated to all relevant staff members.

Example Tutor Development Meeting Agenda:

• Actions from previous meetings
• Resourcing issues
• Progression and achievement of learners
• Examples of learners work to standardise
• Review of current assessment practice
• Standardisation training cascade
• Areas for improvements
• Internal quality assurance reports
• External quality assurance reports
• AO and qualification updates

All Mindspace College staff members will receive access to regular, continuous professional development (CPD) and shall be encouraged to undertake reflective practice.

Learner feedback shall be collected formally through end-of-course surveys, and informally through feedback exercises, comments, complaints and compliments received. Learner feedback will be regularly obtained and analysed and improvements shall be highlighted and implemented across the organisation, where required.

All documents relating to IQA activities will be held securely, in line with Data Protection and confidentiality requirements. Access will be granted to all relevant awarding organisations to any assessment documents and related materials.

Refunds Policy

For courses delivered by Mindspace Foundation, payments are categorised into two types which are the ‘Deposit’ payment and ‘Course Fee’ payment(s).

Definitions:

Deposit payments – this is an initial fee, taken at the time of booking your place on the course to secure your place and give an indication to us that you would like to proceed with your booking. This fee is usually comprised of the Awarding Body fee to register candidates along with an administration fee to cover the costs of processing bookings.

Course Fee payment(s) – this relates to payments made towards the remaining course fee balance (i.e. full course cost minus deposit), whether made in full or via instalments agreed with our administration team at the point of booking.

• Cancellations received within 14 days of booking your place on the course will receive a full refund. This is known as the ‘Cooling Off’ period.
• Cancellations received after the 14-day cancellation period and earlier than 14 days before the start date of the course will receive a refund of any fees paid minus the Deposit.
• Cancellations received after the 14-day cancellation period and later than 14 days before the start date of the course will not be eligible for a refund.
• All fees, both deposit and any further course fees paid, are non-refundable following the course start date.
• Students who opt to pay their course fees via instalments continue to remain liable for full payment of all course fees in the event that they choose to withdraw from the course following the course start date.

Complaints and Appeals Policy

APPEALS PROCEDURE

An Appeal is a procedure that allows a candidate to formally challenge the decision of the Assessor on specified grounds for Internally Marked Assessments (see grounds for an appeal below). For Externally Marked Assessments, the learner may appeal to Mindspace Foundation regarding their result, and we will do our best to facilitate the appeals procedure for the relevant awarding body (see section 1.4). The procedure for making an appeal is summarized below: – Please note all Appeals must be made in writing by email or post.

1.1 Grounds for an Appeal

The decisions of an Assessor may be challenged on the three following grounds:

• That there exist circumstances materially affecting the candidate’s performance which were not known to the Assessors when its decision was taken and which it was not reasonably practicable for the candidate to make known to the Examiner beforehand;
  
  
• That there were procedural irregularities in the conduct of the examinations and/or assessment procedures, including assessment of coursework, of such a nature as to create a reasonable possibility that the result might have been different had they not occurred;
  
  
• That there is evidence of prejudice, bias, or inadequate assessment on the part of one or more Assessors.

It is important to note that a candidate cannot appeal simply because he/she feels that they deserve a better result.

1.2 Challenges to Appeals Concerning Internal Assessment

Candidates cannot appeal solely because the result is worse than they would have wished or worse than they feel they deserve. No appeal will be allowed on the grounds that, although the decision of the Assessors was properly made, candidates believe that the Assessor may have erred in his/her judgment of the results achieved.

1.3 Making an Appeal Concerning Internal Assessment

The procedures for appeals for internal assessment have two phases.

Stage One

The candidate must submit a case for an internal resolution to the Centre via email within 7 days of notification of the results. When submitting an appeal the candidate must include: –

• Full name, date and assessment name.
• Reasons/grounds for appeal.
• Evidence for the appeal in the form of documents (copies of learning logs, test papers etc) along with the date(s) and time(s) of occurrences relevant.

The Mindspace Assessor will normally aim to respond to a student’s request for internal resolution within a maximum period of 10 days.

Stage Two

If the candidate is unable to come to an agreement with his/her Assessor then they can escalate the appeal to the IQA/Quality Nominee for consideration. The escalated appeal must be submitted within 14 days of notification of a failure to resolve the dispute with the Assessor. Only once the above internal process has been exhausted can the Appeal be escalated to the Director. Failure to resolve the dispute internally may ultimately result in the dispute being escalated to the Awarding Body, whose decision will be deemed final. All evidence of appeal, decisions and disputes will be provided to the Awarding Body at this stage.

1.4 Making an Appeal Concerning External Assessment

The Awarding Body will deal with all appeals relating to an external assessment. The process for appeal shall be outlined via the Awarding Body’s own policies accordingly. The Centre can arrange to send any evidence to the Awarding Body where required. It is outside the remit of Mindspace Foundation to control the outcomes or time taken for resolving Appeals by any Awarding Bodies, however, we will do our best to facilitate the process for both candidate and Awarding Body.

COMPLAINTS PROCEDURE

Mindspace Foundation takes all complaints extremely seriously. Should you wish to express your dissatisfaction concerning our company’s services or employees, the following actions should be taken: –

Complaint process

• Your course tutor/assessor should be alerted at the earliest opportunity.
• All staff shall endeavour to rectify any problems or seek further guidance as soon as it is drawn to their attention.
• Should you be dissatisfied with the outcome at this stage OR if the complaint is about that particular member of staff you should proceed with the following steps.
• Mindspace Foundation contact details are found on all course materials, websites, stationery, banners, and the introduction at the beginning of each course. You have the right to contact the company and speak to a member of the team if you feel dissatisfied.
• You also have the right to submit a complaint by either email or in writing to Mindspace Foundation, The Orchard, White Hart Lane, Basingstoke RG21 4AF

In all cases, as much information should be given about the complaint as possible: –

• Full name, date and location of course attended.
• Any supporting evidence in the form of documents or date(s) and time(s) of occurrences.
• Your desired outcome or resolution of the complaint.
• Full details of where the reply should be sent to.

Resolution process

• All complaints will be acknowledged by the relevant means as soon as they have been received.
• Mindspace shall then conduct a full internal investigation impartially and thoroughly.
• A written report will be made after the investigation on its findings and any remedial action. This shall be sent to you within 10 days of your complaint being received.
• Escalation of the complaint will follow the route outlined as Trainer/Assessor –> Customer Services/ Admin –> IQA / Quality Nominee –> Director –> Awarding Body.

Should you still feel dissatisfied with the outcome you have the right to contact the awarding body to make a more formal complaint against the Training Provider. Please note that any awarding body will not deal with complaints if:

1. The above internal process has not been satisfied
2. The complaint is regarding something that is not relevant to the awarding body (e.g. no refreshments provided during the course).

These details are made available by our office staff and course trainer. All complaints are held on file to assist staff training and future appraisals.

Academic Integrity Policy

1. Definition of Academic Integrity

Academic integrity is a fundamental principle that applies to both staff and students studying at Mindspace College.

Academic integrity is aligned with the development of good academic practice, which is expected of all Mindspace students and staff.

There are several key values that underpin academic integrity that all students and staff are required to adhere to:

• Acting ethically (e.g. acting in a way which ensures that all the values described below are adhered to, and that respect for others is maintained)
• Honesty (e.g. honesty in the production, preparation, publication and presentation of material, including the extent to which ideas have been derived and developed from others)
• Fairness (e.g. not misusing information or material that may have been developed by others or taking advantage of other people such as colleagues, or students)
• Responsibility (e.g. taking personal responsibility for determining the validity and credibility of the source information and data that are used, and for applying appropriate ethical procedures in the way in which the information is used and presented)
• Care and respect (e.g. showing care and respect for the views and opinions expressed by others, as well as for any participants involved in the development of a piece of work)
• Accuracy (e.g. ensuring that the work and data are as accurate as possible so that the information can be used by others with confidence)
• Rigour (e.g. applying rigour in ensuring that appropriate protocols, standards, and frameworks are adhered to and that the interpretation, presentation and communication of information is undertaken with care and consideration)
• Transparency (e.g. transparency in communicating the approach adopted for the collection and interpretation of results, and for highlighting any conflicts of interest where appropriate)

Proofreading and Editing:

Mindspace College defines proofreading as the careful reading of a document to detect any errors in spelling, punctuation, or grammar. students are expected to proofread their own work; however, it is recognised that it may be desirable for someone else to look at a piece of work in order to provide a different perspective or opinion on the different elements of academic writing. A proofreader is a person who reads work to check it before it is submitted for assessment and can be, for example, a family member, friend or colleague.

It is acceptable for a proofreader to highlight areas of a piece of work that should be reviewed (e.g. complex sentences, formatting errors, spelling mistakes); however, in order to ensure that the work submitted is entirely that of the originator, it is not permissible for a proofreader to edit or re-write a piece of work. Work that has been edited as a result of proofreading, so that it is no longer a true reflection of the original work, may be referred for consideration as an example of Academic Misconduct.

It should be noted that formative feedback on a piece of work (e.g. provided by a tutor) does not count as proofreading. Formative feedback is a form of marking that is intended to identify areas where a piece of work can be developed and enhanced for subsequent submission.

Malpractice and Maladministration

Definition of Malpractice

Malpractice is essentially any activity or practice which deliberately contravenes regulations and/or compromises the integrity of internal or external assessment processes and/or the validity of certificates.

For the purpose of this policy, this term also covers misconduct and forms of unnecessary discrimination or bias towards certain groups of learners.

The categories listed below are examples of centre and learner malpractice. Please note that these examples are not exhaustive and are only intended as guidance on our definition of malpractice:

• Contravention of our centre and qualification approval conditions
• Denial of access to resources (premises, records, information, learners and staff) by any authorised Mindspace representative and/or the regulatory authorities
• Failure to carry out delivery, internal assessment, internal moderation or internal verification in accordance with our requirements
• Deliberate failure to adhere to our learner registration and certification procedures
• Deliberate or persistent failure to continually adhere to our centre’s recognition and/or qualification approval criteria or actions assigned to our centre
• Deliberate failure to maintain appropriate auditable records eg learner files
• Persistent instances of maladministration within our centre
• Fraudulent claims for certificates
• The unauthorised use of materials/equipment in assessment/exam settings (e.g., mobile phones/cameras)
• Intentional withholding of information from us which is critical to maintaining the rigour of quality assurance and standards
• Deliberate misuse of our logo and trademarks
• Forgery of evidence
• Collusion or permitting collusion in exams
• Learners still working towards qualifications after certification claims have been made
• Contravention by our centres and learners of the assessment arrangements we specify for our qualifications
• Insecure storage of assessment materials and exam papers
• Plagiarism of any nature by learners
• Unauthorised amendment, copying or distribution of exam papers
• Inappropriate assistance to learners by centre staff (e.g. unfairly helping them to pass a unit or qualification)
• Submission of false information to gain a qualification or unit

Definition of Maladministration

Maladministration is essentially any activity or practice which results in non-compliance with administrative regulations and requirements and includes the application of persistent mistakes or poor administration within a centre (e.g., inappropriate use of learner records).

Process For Making an Allegation of Malpractice or Maladministration

Anybody who identifies or is made aware of suspected or actual cases of malpractice or maladministration at any time must immediately report their findings to the College Director and in doing so they should put them in writing/email and enclose appropriate supporting evidence.

All allegations must include (where possible) the:

• Learner’s name
• Mindspace personnel’s details (name, job role) if they are involved in the case
• Title and number of the Mindspace course/qualification affected or nature of the service affected
• Date(s) suspected or actual malpractice occurred
• Full nature of the suspected or actual malpractice
• Contents and outcome of any investigation carried out by the centre or anybody else involved in the case, including any mitigating circumstances
• Written statements from those informant’s names, positions and signature

If a centre conducts an investigation before submitting it formally, the centre should:

• Ensure that staff leading the investigation are independent of the staff/learners/function being investigated
• Inform those who are suspected of malpractice that they are entitled to know the necessary details of the case and possible outcomes
• Submit the findings of the investigation to us with your report
• In all cases, we’ll protect the identity of the ‘informant’ in accordance with our duty of confidentiality and/or and other legal duty where appropriate.

Investigation Timeliness and Process

Mindspace aim to action and resolve all stages of the investigation within 20 working days of receipt of the allegation.

The investigation may involve:

• A request for further information from the centre or Mindspace personnel
• Interviews (face-to-face or by telephone) with personnel involved in the investigation

Where a member of Mindspace’s staff is under investigation they may be suspended, or they may be moved to other duties until the investigation is complete.

Throughout the investigation, the Board of Directors will be responsible for overseeing the work of the investigation team to ensure that due process is being followed, and appropriate evidence has been gathered and reviewed for liaising with and keeping informed relevant external parties.

Data Protection Policy

1. Introduction

This policy sets out the obligations of Mindspace Foundation CIC, a community interest company registered in England & Wales under number 11831963, whose registered office is at The Orchard, White Hart Lane, Basingstoke RG21 4AF (“the Company”) regarding data protection and the rights of customers (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

This policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.

The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

2. The Data Protection Principles

This policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

2.1           Processed lawfully, fairly, and in a transparent manner in relation to the data subject.

2.2           Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.

2.3           Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.

2.4           Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.

2.5           Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to the implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.

2.6           Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.

3. The Rights of Data Subjects

The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):

3.1           The right to be informed (Part 12).

3.2           The right of access (Part 13);

3.3           The right to rectification (Part 14);

3.4           The right to erasure (also known as the ‘right to be forgotten’) (Part 15);

3.5           The right to restrict processing (Part 16);

3.6           The right to data portability (Part 17);

3.7           The right to object (Part 18); and

3.8           Rights with respect to automated decision-making and profiling (Parts 19 and 20).

4. Lawful, Fair, and Transparent Data Processing

4.1           The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that the processing of personal data shall be lawful if at least one of the following applies:

4.1.1      The data subject has given consent to the processing of their personal data for one or more specific purposes;

4.1.2      The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;

4.1.3      The processing is necessary for compliance with a legal obligation to which the data controller is subject;

4.1.4      The processing is necessary to protect the vital interests of the data subject or of another natural person;

4.1.5      The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or

4.1.6      The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

4.2           If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:

4.2.1      The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so);

4.2.2      The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);

4.2.3      The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;

4.2.4      The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;

4.2.5      The processing relates to personal data which is clearly made public by the data subject;

4.2.6      The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;

4.2.7      The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;

4.2.8      The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;

4.2.9      The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or

4.2.10   The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

5. Specified, Explicit, and Legitimate Purposes

5.1           The Company collects and processes the personal data set out in Part 21 of this Policy. This includes:

5.1.1      Personal data collected directly from data subjects; and

5.1.2      Personal data obtained from third parties e.g. employers and colleagues etc.

5.2           The Company only collects, processes, and holds personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the GDPR).

5.3           Data subjects are kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.

6. Adequate, Relevant, and Limited Data Processing

The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 5, above, and as set out in Part 21, below.

7. Accuracy of Data and Keeping Data Up-to-Date

7.1           The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 14, below.

7.2           The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter until course completion. After this point the data will be archived as is, to fulfil Joint Awarding Body (JAB) guidelines to retain all customer records for a period of 6 years. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

8. Data Retention

8.1           The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

8.2           When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

8.3           For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.

9. Secure Processing

The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 22 to 27 of this Policy.

10. Accountability and Record-Keeping

10.1        The Company’s Data Protection Officer is Tony Capon, Director.

10.2        The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other data protection-related policies, and with the GDPR and other applicable data protection legislation.

10.3        The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:

10.3.1   The name and details of the Company, its Data Protection Officer, and any applicable third-party data processors;

10.3.2   The purposes for which the Company collects, holds, and processes personal data;

10.3.3   Details of the categories of personal data collected, held, and processed by the Company, and the categories of data subject to which that personal data relates;

10.3.4   Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;

10.3.5   Details of how long personal data will be retained by the Company (please refer to the Company’s Data Retention Policy); and

10.3.6   Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.

11. Data Protection Impact Assessments

11.1        The Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.

11.2        Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:

11.2.1   The type(s) of personal data that will be collected, held, and processed;

11.2.2   The purpose(s) for which personal data is to be used;

11.2.3   The Company’s Objectives;

11.2.4   How personal data is to be used;

11.2.5   The parties (internal and/or external) who are to be consulted;

11.2.6   The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;

11.2.7   Risks posed to data subjects;

11.2.8   Risks posed both within and to the Company; and

11.2.9   Proposed measures to minimise and handle identified risks.

12. Keeping Data Subjects Informed

12.1        The Company shall provide the information set out in Part 12.2 to every data subject:

12.1.1   Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and

12.1.2   Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:

1. a) if the personal data is used to communicate with the data subject, when the first communication is made; or
2. b) if the personal data is to be transferred to another party, before that transfer is made; or
3. c) as soon as reasonably possible and in any event not more than one month after the personal data is obtained.

12.2        The following information shall be provided:

12.2.1   Details of the Company including, but not limited to, the identity of its Data Protection Officer;

12.2.2   The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 21 of this Policy) and the legal basis justifying that collection and processing;

12.2.3   Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;

12.2.4   Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;

12.2.5   Where the personal data is to be transferred to one or more third parties, details of those parties;

12.2.6   Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 28 of this Policy for further details);

12.2.7   Details of data retention;

12.2.8   Details of the data subject’s rights under the GDPR;

12.2.9   Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;

12.2.10 Details of the data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);

12.2.11 Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and

12.2.12 Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.

13. Data Subject Access

13.1        Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.

13.2        Responses to SARs shall normally be made within one month of receipt, however, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.

13.3        All SARs received shall be handled by the Company’s Data Protection Officer.

13.4        The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

14. Rectification of Personal Data

14.1        Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.

14.2        The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

14.3        In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

15. Erasure of Personal Data

15.1        Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:

15.1.1   It is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;

15.1.2   The data subject wishes to withdraw their consent to the Company holding and processing their personal data;

15.1.3   The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 18 of this Policy for further details concerning the right to object);

15.1.4   The personal data has been processed unlawfully;

15.1.5   The personal data needs to be erased in order for the Company to comply with a particular legal obligation.

15.2        Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

15.3        In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

16. Restriction of Personal Data Processing

16.1        Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.

16.2        In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

17. Data Portability

17.1        The Company processes personal data using automated means via website submission forms, payment merchant-captured details, Google Classroom and other CRM records.

17.2        Where data subjects have given their consent to the Company to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the right, under the GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).

17.3        To facilitate the right of data portability, the Company shall make available all applicable personal data to data subjects in the following format[s]:

17.3.1   CRM data records sent via email;

17.3.2   All other records are exported from our systems into CSV, PDF, Word (or other universally acceptable format) and sent via email.

17.4        Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.

17.5        All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.

18. Objections to Personal Data Processing

18.1        Data subjects have the right to object to the Company processing their personal data based on legitimate interests, direct marketing (including profiling), and processing for statistics purposes.

18.2        Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.

18.3        Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing immediately.

19. Automated Decision-Making

19.1        The Company uses personal data in automated decision-making processes e.g. automated calculation of study hours, test scores/results and achievement of a qualification which may, or may not, lead to certification.

19.2        Where such decisions have a legal (or similarly significant effect) on data subjects, those data subjects have the right to challenge such decisions under the GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.

19.3        The right described in Part 19.2 does not apply in the following circumstances:

19.3.1   The decision is necessary for the entry into, or performance of, a contract between the Company and the data subject;

19.3.2   The decision is authorised by law; or

19.3.3   The data subject has given their explicit consent.

20. Personal Data Collected, Held, and Processed

The following personal data is collected, held, and processed by the Company (for details of data retention, please refer to the Company’s Data Retention Policy):

21. Data Security – Transferring Personal Data and Communications

The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:

21.1        All emails containing personal data must be encrypted using TLS and S/MIME encryption wherever possible;

21.2        All emails containing personal data must be marked “confidential”;

21.3        Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;

21.4        Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;

21.5        Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;

21.6        Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient; and

21.7        All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.

22. Data Security – Storage

The Company shall ensure that the following measures are taken with respect to the storage of personal data:

22.1        All electronic copies of personal data should be stored securely using passwords and HTTPS/TLS data encryption;

22.2        All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;

22.3        All personal data stored electronically should be backed up offsite. All backups should be encrypted using HTTPS/TLS;

22.4        No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Company or otherwise without the formal written approval of the named Data Protection Officer and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary; and

22.5        No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the GDPR (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken).

23. Data Security – Disposal

When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Company’s Data Retention Policy.

24. Data Security – Use of Personal Data

The Company shall ensure that the following measures are taken with respect to the use of personal data:

24.1        No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from the named Data Protection Officer;

24.2        No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of the named Data Protection Officer;

24.3        Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;

24.4        If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and

24.5        Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Data Protection Officer to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.

25. Data Security – IT Security

The Company shall ensure that the following measures are taken with respect to IT and information security:

25.1        All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by the Company is designed to require such passwords;

25.2        Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;

25.3        All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The Company’s IT staff shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible unless there are valid technical reasons not to do so; and

25.4        No software may be installed on any Company-owned computer or device without the prior approval of the named Data Protection Officer.

26. Organisational Measures

The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

26.1        All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy;

26.2        Only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;

26.3        All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;

26.4        All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;

26.5        All employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;

26.6        Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;

26.7        All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy;

26.8        The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;

26.9        All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;

26.10     All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the GDPR; and

26.11     Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

27. Transferring Personal Data to a Country Outside the EEA

27.1        The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.

27.2        The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:

27.2.1   The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;

27.2.2   The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;

27.2.3   The transfer is made with the informed consent of the relevant data subject(s);

27.2.4   The transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject);

27.2.5   The transfer is necessary for important public interest reasons;

27.2.6   The transfer is necessary for the conduct of legal claims;

27.2.7   The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or

27.2.8   The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.

28. Data Breach Notification

28.1        All personal data breaches must be reported immediately to the Company’s Data Protection Officer.

28.2        If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

28.3        In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 29.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

28.4        Data breach notifications shall include the following information:

28.4.1   The categories and approximate number of data subjects concerned;

28.4.2   The categories and approximate number of personal data records concerned;

28.4.3   The name and contact details of the Company’s data protection officer (or another contact point where more information can be obtained);

28.4.4   The likely consequences of the breach;

28.4.5   Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.