Terms of Use & Privacy Policy (including Data Sharing Agreement).
Terms of Use
This document (and those referred to in it) tell you the terms under which you may use our website www.youteachme.co.uk (the Site) and the materials or information on it.
Please read these terms of use carefully before you apply for a subscription to the Site and before you use the Site. By taking a subscription or using the Site in any way, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site.
These terms of use apply equally to those with a subscription to the Site and those using the Site as a Contributor (as defined below), except that clause 3 of these terms applies only to Users (as defined below).
1 Information About Us
The Site operated by You Teach Me Limited (We and Us). We are registered in England and Wales under company number 8558429 and have our registered office at 140 Stenson Road, Derby, DE23 1JG, which is also our main trading address. Our VAT number is 172456208.
2 The Site
2.1 The majority of the products, data, information, photographs, software, sound and all other materials and services on the Site (Content) are only accessible to those who subscribe to and pay for the services provided by Us through the Site (Users). Limited access may be available at our discretion to users other than Users (Contributors) who wish to contribute Content.
2.2 Our paid for services on the Site consist of all school videos (ASVs) which are videos uploaded to the Site that are visible to, and usable by, staff working in all subscribing schools, colleges or other educational establishments (Settings) and in school videos (ISVs) which are videos uploaded to the Site that are only visible to, and usable by, staff currently working within the Setting from which the video originates.
2.3 We reserve the right to withdraw or amend access to the Site or parts of the Site to Contributors without notice and without liability.
2.4 All Users/Contributors are responsible for making all arrangements necessary to access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and that they comply with them.
2.5 You must notify us immediately if you become aware of any unauthorised use of your account. You will be held solely responsible for all use of the Site made under your account.
2.6 If you choose, or are provided with, a password or any other information as part of our security procedures, you must treat it as confidential and not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion, you have failed to comply with any of the provisions of these terms of use.
2.7 We make no guarantee that the Site and the Content will be available to you at all times or that access will be uninterrupted or error free. We will not be liable to you for any loss you suffer as a result of any discontinued, disrupted or impaired access to the Site.
2.8 The Site incorporates certain elements of third-party software (including but not limited to, data extraction software). We shall have no liability in relation to your use of such third-party software. We provide some support for such software and the remainder is provided directly by the software provider. In the first instance please contact our support team on 07531 398043 or at admin@youteachme.co.uk who will be able to help or, if they can’t, direct you to the relevant software provider’s support function.
3 Users
3.1 We do not guarantee that a subscription to the Site or use of the Content will be of benefit to you or help you achieve any particular purpose. You must rely on your own judgment in this respect.
3.2 We will be under no obligation to provide you with a subscription to the Site unless and until we confirm, via email, that we accept your application for a subscription.
3.3 We will provide you with the necessary user names, passwords and other security information necessary for you to access the Content covered by your subscription within 7 days of you making payment in full of the applicable fees.
3.4 The term of your subscription (the Term) will commence on the date on which we provide you with the necessary usernames and passwords to allow you to access the subscriber only parts of the Site and will run to the following 31st March and then for a period of 12, 24, 36, 48 or 60 months from that 31st March (depending on the length of subscription you select).
3.5 By granting you a subscription to the Site, we are granting you a non-transferable, non-sub-licensable licence to use such of the Content during the Term as is included in your chosen subscription package, subject to the following restrictions and other restrictions and conditions set out in these terms:
3.5.1 You may use ASVs only for your internal educational purposes;
3.5.2 You must display ASVs and ISVs only to your pupils, their parents and/or carers and/or your then current employees;
3.5.3 Unless we agree otherwise in writing, you may only view and display the Content on your premises (your school and home address) and not in any public arena beyond the school environment;
3.5.4 You must comply, and ensure compliance by anyone using the Site or Content in connection with your subscription, with these terms of use at all times; and
3.5.5 Apart from public Content, only users authorised by us may access the Content.
3.5.6 For the avoidance of doubt and without prejudice to the rest of this clause 3.6 no copy may be made of any video (or other Content) provided by any partner without their express written permission.
3.6 We may terminate or suspend your subscription at any time if:
3.6.1 you fail to pay when due to us any sums payable to us; or
3.6.2 you breach these terms of use; or
3.6.3 we are required to do so by law (for instance, where the operation of Site becomes unlawful for any reason).
3.7 On termination or expiry of your subscription:
3.7.1 you will no longer be entitled to access the User only areas of the Site or use any Content other than public Content;
3.7.2 you agree to destroy all copies of the Content in your possession;
3.7.3 our accrued rights and remedies will be unaffected;
3.7.4 the parts of these terms of use which either expressly or by implication are intended to remain in force will remain in full force and effect.
4 Changes to the Site
The site will constantly be updated, and we may change the Content. Any of the Content may be out of date at any time, and we are under no obligation to update it further.
5 Privacy
5.1 Subject to clause 5.3 below we process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
5.2 Where we refer to Data Protection Legislation, we mean, all applicable privacy and data protection laws including the UK General Data Protection Regulation and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of personal data and the privacy of electronic communications, as amended, replaced or updated from time to time.
5.3 You acknowledge that, for the purposes of the Data Protection Legislation, we will be a data processor in relation to all personal data which forms any part of any ASV or ISV and in relation to any data transferred to us using a data extraction tool. You acknowledge that, in relation to such data, you shall be the data controller.
5.4 Where we are the data processor we shall process such personal data only in accordance with your instructions from time to time and shall not process this data for any purposes other than those expressly authorised by you. By posting an ASV or ISV on the Site you authorise its transmission to and viewing by anyone authorised to view such material in accordance with the terms of the Site. You may change an ASV that you upload to an ISV at any time during the subscription, however, any user that has already flagged that ASV and added it to their user account, will continue to have access to it (even once it has changed to an ISV), until such time as they un-flag it/remove it from their user account.
5.5 To the extent that we are a data processor under the provisions of clause 5.3 above we warrant that we shall, having regard to the state of technological development and the cost of implementing any measures, take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data provided by you and against the accidental loss or destruction of or damage to such personal data and ensure a level of security appropriate to the harm that may result from such unauthorised or unlawful processing or accidental loss destruction or damage and the nature of the data to be protected.
5.6 Both you and us warrant that we will process personal data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments and shall indemnify each other against all costs, claims, damages or expenses incurred by the other party or for which the other party may become liable due to any failure by us or our employees or agents to comply with any of our obligations in relation to the processing of personal data.
5.7 We strongly recommend that you read our guidance section on data protection which is supplied without any warranty or representation or liability on our part but which we hope you will find useful.
5.8 We reserve the right to disclose any details you provide to us (including details of your identity) if we are required to do so by any applicable law or regulation or in connection with any actual or threatened legal proceedings.
5.9 By posting an ASV or an ISV on the Site, you warrant that you have all necessary consents and permissions required to upload and/or otherwise use the Content contained within the ASV or ISV, prior to it being uploaded and, you accept that we shall not accept responsibility for or, otherwise be held liable for any failure by you to comply with the provisions of this clause 5.10. When obtaining consent from the data subject (as defined under the Data Protection Legislation), you must inform the data subject (or where appropriate, their parent or guardian) that once an ASV or ISV has been uploaded to the Site, it may not be deleted on request, from the account of another user.
6 Acceptable Use
6.1 You may use the Site only for lawful purposes. You may not use the Site;
6.1.1 In any way that breaches any local, national or international law or regulation
6.1.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
6.1.3 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
6.1.4 For any purpose except for educational, non-commercial use except and to the extent that other uses are authorised by us in writing; or
6.1.5 To collect or harvest any personal data of any user of the Site.
6.2 You must not copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make any changes to the Site or make any attempt to circumvent or interfere with any of the security features of the Site.
7 Content
7.1 Any Content which you contribute to the Site must:
7.1.1 Be accurate (where it states facts);
7.1.2 Be genuinely held (where it states opinions);
7.1.3 Comply with applicable law in the UK and in any country from which it is posted;
7.1.4 not infringe the intellectual property or other rights of any third party; and
7.1.5 be provided with the full, informed and recorded consent of any data subject whose personal data is contained within such Content (both personal data and data subject having the meanings given to them in the Data Protection Legislation).
7.2 You must not access or view the Content by any means other than through the Site.
7.3 When you upload or post Content, you retain ownership of it and responsibility for it. However, any Content you contribute will be considered non-confidential and by uploading or posting Content, you grant to us the right to use, copy, modify, distribute and disclose it to third parties for any purposes. You also grant to other users of the Site the right for them to use, copy, distribute, modify and disclose the Content for non-commercial purposes.
7.4 You agree that we cannot control and will have no liability to you in respect of use made by other users of the Site of Content contributed by you.
7.5 We reserve the right to disclose any details you provide to us (including details of your identity) if we are required to do so by any applicable law or regulation or in connection with any actual or threatened legal proceedings.
7.6 You represent and warrant that the Content you upload to the Site and the use of it by us and other Users of the Site will not infringe the intellectual property or other rights of any third party.
7.7 Only we can remove ASVs from the Site and we have the right to remove any ASV at any time.
7.8 We will not view, monitor the status of, or delete ISVs from the Site. It is your responsibility to ensure that they are accurate and up to date and that they are only available for as long as is reasonably necessary after which they must be deleted.
7.9 Your right to upload ISV Content is subject to our storage limits as stated from time to time.
7.10 You may, at any time, convert an ASV that you have created to an ISV but, if you choose to do so, the Content contained in such ASV shall remain accessible to any User who has identified, flagged, starred or otherwise used it until such time as they remove such expression of interest in it.
8 Intellectual Property Rights
8.1 We are the owner of all intellectual property rights in the Site and of all Content that has been created by us or on our behalf. All other Content is owned by the third parties who contribute it to the Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved, subject to the licences granted under these terms of use.
8.2 You must not distribute, sell, or otherwise exploit any of Content which is not created by you or use it for any purpose other than for educational, non-commercial purposes and in accordance with these terms of use.
8.3 If you contribute Content to the Site, you waive any rights you might have to be acknowledged as the author of the Content.
9 Reliance On Content
The Content is not intended to amount to advice or information on which reliance should be placed and you must exercise your own discretion and judgment as to how you use it. We do not endorse or recommend any of the Content and we disclaim all liability and responsibility arising from any reliance placed on the Content or from any claim by any user that the Content is inaccurate or in any way objectionable. Without prejudice to the other provisions of this clause we do not give any warranty or guarantee that any of the Content will be compatible with any particular curriculum at any particular time or that, if compatible with the curriculum when posted shall remain compatible with any changes to such curriculum over time.
10 Liability
10.1 The Site and the Content is provided without guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
10.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
10.1.2 Any liability for any loss of any Content or other communications or data transmitted via the Site;
10.1.3 Any indirect or consequential loss or damage, loss of profit, loss of business, loss of reputation, loss of data and loss of goodwill incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any Content;
10.1.4 Any liability in respect of any other losses suffered by a User in connection with the Site in excess of the amount of the subscription fees paid to us by that User, if any.
10.2 Nothing in condition 10.1 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
10.3 You will indemnify us for any losses we suffer (including all damages, costs, and expenses) as a result of any breach by you of condition 6, condition 7 or condition 8.
11 Viruses, Hacking and other Offences
11.1 You must not misuse the Site by knowingly introducing any material that contains harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; Including, but not limited to; viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware
11.2 You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
11.3 By breaching condition 11.1, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
11.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
12 Linking to The Site
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2 You must not establish a link from any website that is not owned by you.
12.3 The Site must not be framed on any other Site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms of use.
12.4 If you wish to make any use of material on the Site other than that set out above, please address your request to paul@youteachme.co.uk
13 Links from The Site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14 General
14.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14.2 We may transfer any of our rights or obligations under these terms of use to another person or organisation (including to a subcontractor). You may only transfer your rights or obligations with our written consent.
14.3 If we fail to insist on your performance of your obligations under these terms of use or fail to enforce our rights or delay in doing so, this does not mean that you do not have to comply with these obligations. A default by you can only be waived by us in writing.
14.4 The contents of these terms of use set out the entire agreement between us and you acknowledge that you have not relied on any promise, statement or representation that is not set out in these terms of use except that we make no attempt to limit or exclude our liability for fraud.
14.5 Each of the paragraphs of these conditions operates separately and, if any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
15 Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Continued use of the site indicates your acceptance of the most current terms and conditions. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.
PRIVACY POLICY (including Data Sharing Agreement)
YouTeachMe respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website www.youteachme.co.uk (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
1 Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how YouTeachMe Limited collects and processes your personal data through your use of this website.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Controller
You Teach Me Limited (referred to as we, us or our in this privacy notice).
is the controller and responsible for your personal data as part of a subscription or contract to supply services to you except where data or information is supplied by the setting through a data extract or other means where the setting remains the data controller and we become the data processor.
Contact details
Our full details are:
Full name of legal entity: YouTeach Me Limited
Email address: admin@ytmeducation.com
Postal address: at 140 Stenson Road, Derby, DE23 1JG
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2 The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
(a) Identity Data includes first name, , last name, username or similar identifier and , title.
(b) Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
(c) Profile Data includes your username and password.
(d) Usage Data includes information about how you use our website and services.
If you are a Parent or Carer
If your child(ren) attends a subscribing school, you will have the option to enter your email address into notification area in your child’s account.
Once you enter your email address you will receive an email notification each time you are sent a new video to watch by the school.
We use the data you provide to send you email notifications only.
If you are a Setting
When a setting subscribes we collect and store information about both pupils and staff which data is controlled by the setting and we act as data processor only.
Pupils: legal forename, legal surname, preferred forename, preferred surname, year group, class name, unique pupil number, email address.
Information relating to pupils is stored in an administration area that is accessible by setting staff only.
Staff who use the site: title, legal forename, , legal surname, preferred forename, preferred surname, email address and job title.
Staff who use the site and choose to contribute videos to the site: photograph, title, legal forename, legal surname, preferred forename, preferred surname, email address and job title.
Information relating to staff is stored in our main administration area and is accessible to, and managed by, You Teach Me Ltd employees.
We use the data to create unique accounts for staff and children.
If you are a Teacher Training Provider
When a provider subscribes we collect and store information about both trainees and staff.
Trainees: title, forename, surname, email address.
Staff: title, forename, surname, email address, job title.
We use the data to create unique accounts for trainees and staff.
If you are a video contributing teacher not working in a subscribing school:
We collect and store the following types of data: photograph, title, legal forename, legal surname, date of birth, Teacher Reference number, email address, job title, headteacher’s name, headteacher’s email address, school name, school LA/DFE code.
Firstly we use the information to establish that the person registering is a qualified teacher, working in a UK school. To confirm this we make safeguarding checks against publically available information from the Disclosure and Barring Service. We also email the person’s headteacher with a photograph and information about their intention to contribute video content to the site.
We use the data to create a unique account for you to upload your videos to.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
3 How is your personal data collected?
We use different methods to collect data from and about you including through:
a) Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you
apply for our services;
create an account on our website;
subscribe to our service or publications;
request marketing to be sent to you; or
give us some feedback.
b) Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
4 How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing being sent to your individual email address at the School at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
| To register you as a new customer | (a) Identity (b) Contact | Performance of a contract with you |
| To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us | (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
| To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey | (a) Identity (b) Contact (c) Profile (d) Marketing and Communications | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services) |
| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
| To use data analytics to improve our website, products/services, marketing, customer relationships and experiences | (a) Technical (b) Usage | Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile | Necessary for our legitimate interests (to develop our services and grow our business) |
Opting out
You can ask us to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5 Disclosures of your personal data
We may have to share your personal data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6 International transfers
We do not intentionally transfer your personal data outside the European Economic Area (EEA). However, we work with a third-party company called Vimeo LLC who store the videos that are uploaded on to our site. Vimeo LLC agree that they will comply with any relevant data protection laws.
7 Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8 Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
If you are a parent/carer, we will store your data until you choose to remove it, or your child(ren) leaves the setting. You can remove your email address at any time. Removing your email address from the notification area will permanently delete all records of the address.
If you are a setting, pupil data is permanently deleted once the child leaves the setting or the setting subscription period ends and is not renewed. Data for staff who have not contributed videos is deleted once their employment ends or the setting subscription period ends and is not renewed. Data for staff who have contributed videos is retained for as long as their videos are in use on the site
If you are a teacher training provider, data for trainees who have not contributed videos is deleted once their training ends or the provider subscription period ends and is not renewed. Data for trainees who have contributed In-School Videos (ISV’s) only is deleted once their training ends or the provider subscription period ends and is not renewed. Data for trainees who have contributed All-School Videos (ASV’s) videos is retained for as long as their videos are in use on the site. Data for staff who have not contributed videos is deleted once their employment ends or the school subscription period ends and is not renewed. Data for staff who have contributed videos is retained for as long as their videos are in use on the site.
If you are a video contributing teacher who is not working in a subscribing setting, we will retain the data for as long as your videos are in use on the site.
9 Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These are set out below.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10 Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Data protection
ISVs and Data Protection
For the purposes of the Data Protection Act your setting will be the data controller of all personal data contained in videos that you create. This is because we have no control over how you create, distribute, keep and/or destroy that data. This means that you are legally responsible for the data and that you must process it in accordance with the relevant law and your own data protection policies and procedures.