Privacy Notice

Purpose

The Calderdale Music Trust (CMT) is committed to protecting your personal information and being transparent about what information we hold about you and your child and children in your care.

This privacy statement is intended for applicants, participants, students and their parents or guardians, schools in which students learn, donors and supporters (together ‘you’ or ‘music trust users’).

The purpose of this policy is to give you a clear explanation about how CMT and subsidiaries of CMT use the information we collect from you directly and from third parties.

CMT are the ‘data controller’ for the purposes of data protection law.

The lawful basis for obtaining and using personal data

CMT needs data in order to fulfil its contractual obligations with users in order to provide them with the education for which they or their children have applied. Parents or guardians with children under the age of 13 will act on behalf of their children.

We will only process personal data where we have one of 6 ‘lawful bases’ to do so under Article 6 of the EU General Data Protection Regulations.

Most commonly:

• To fulfil a contract with the individual, or when the individual has asked CMT to take specific steps before entering into a contract
• For the legitimate interests of CMT (provided the individual’s rights and freedoms are notoverridden)
• Where the individual (or their parent/carer when appropriate in the case of a child) has freely given consent

And exceptionally:

• To comply with a legal obligation
• To ensure the vital interests of the individual e.g. to protect someone’s life
• To perform a task in the public interest

Where we process special categories of personal data, such as medical information and ethnicity, the processing is necessary for reasons of substantial public interest. Where this doesn’t apply the school will seek consent for specific purposes.

Some of the reasons listed above for collecting and using personal information overlap, and there may be several grounds which justify the school’s use of your data.

The personal data we hold

CMT will use the information you provided in the enrolment form and may supplement this with information provided following an initial application.

Personal data that we may collect, use, store and share (see Data Sharing below) about individuals and music trust users includes, but is not restricted to:

• Your full name and title and date of birth and your gender
• Postal address, email address and phone number
• IP (internet protocol) address e.g. cookies
• Emergency contact details and contact preferences
• Name of school attended
• Student records
• Results of auditions, internal assessments and externally set exams
• Characteristics, such as special educational needs
• Details of any medical conditions or dietary requirements
• Passport details
• Attendance information
• Safeguarding information
• Details of any support received
• Gift Aid status
• Payment card details (these are not stored)
• Photographs and video recording (see below)
• CCTV images captured on CMT premises (see below)
• If you hold a CMT instrument on loan

Why we use this data

We use this data to:

• Manage the application and audition processes
• Manage students’ registration, participation in, and progression through CMT programmes including school based music activities
• Provide music and performing arts tuition
• Support student learning
• Monitor and report on student progress
• Provide appropriate pastoral care and ensure welfare of children while in our custody, particularly when on tours and courses
• Protect student welfare and meet our legal obligations relating to child protection and safeguarding
• Assess the quality of our services
• Administer applicants waiting lists
• Manage applications for financial support
• Carry out research for our own purposes
• Comply with contractual / regulatory obligations e.g. reporting to the Arts Council
• Share with partners for joint activities e.g. Music for Youth
• Administer payments and donations including the processing of Gift Aid
• Keep you updated with CMT activities that are relevant to you
• Offer you opportunities to engage further with our activities
• Further fundraising activities on behalf of CMT
• Keep in touch with our alumni
• Generate publicity and advertise CMT’s services
• Promote events / concerts
• Celebrate the success of our students and raise awareness of their great achievements
• Help achieve the Trust’s aims: the Trust exists to provide the young people of Calderdale with musical and artistic opportunities. CMT’s core values are ‘to transform and enrich lives through music’.

Photographs and Video Recording

As part of CMT’s activities, we will take photographs and record images of ensembles, group activities and individual performers. We will always seek consent before we publish any photographs or videos. Images may be used for publicity purposes, such as prospectuses and other similar information about the Trust; for display in our buildings, on banners at concerts, on our website and for social media purposes; for assessment and educational purposes; and for fundraising or other purposes to help achieve the Trust’s aims.

For music groups entering the National Festival, run by our partners Music for Youth, and for other national festivals and competitions, photographic data may be collected and used in the same way.

When using photographs and videos for publicity, display or website purposes, we will not accompany them with any other personal information about the child, to ensure they cannot be identified.

Images that might cause embarrassment or distress will not be used. We will only use images of pupils who are suitably dressed, to reduce the risk of such images being used inappropriately.

CCTV

We use CCTV in various locations around the CMT site to ensure it remains safe. We will adhere to

the ICO’s code of practice for the use of CCTV.

We do not need to ask individuals’ permission to use CCTV, but we make it clear where individuals are being recorded. Security cameras are clearly visible and accompanied by prominent signs explaining that CCTV is in use.

Data sharing

We do not share personal information with any third party unless otherwise stated in this policy without consent, unless the law requires us to do so.

Where it is legally required, or necessary (and it complies with data protection law) we may share personal information with:

• Local Authority Children’s Services – to comply with Child Licensing regulations under the Body of Persons’ Approval (BOPA)
• Our local authority – to meet our legal obligations to share certain information with it, such as safeguarding concerns
• A student’s family and representatives
• Schools – where we provide tuition for your child in partnership with their school, CMT and the school act as joint data controllers
• Educators and examining bodies
• Suppliers and service providers – to enable them to provide the service we have contracted them for e.g. examining bodies, providers of registration services, payroll service providers, cloud computer service providers
• Financial organisations - to enable payment processing and debt collection
• Central and local government
• Our auditors
• Health and social welfare organisations
• Professional advisers and consultants
• Charities and voluntary organisations
• Police forces, courts, tribunals
• Professional bodies

Security of your personal data

We will put in place appropriate safeguards (both in terms of our procedures and the technology we use) to keep your personal information confidential and as secure as possible. Your data will only be accessible to authorised staff and volunteers. We will ensure, as far as possible, that any third parties we use for processing your personal information do the same.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Information will be stored for only as long as it is needed or required by statute and will be disposed of appropriately.

Where we transfer data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law.

We undertake to report any data breaches in accordance with UK Data Protection regulations.

Individuals rights regarding personal data

Individuals have a right to make a ‘subject access request’ to gain access to personal information that CMT holds about them. Individuals can make a request with respect to their data. Parents also have the right to make a subject access request with respect to any personal data the school holds about them or their children.

If you make a subject access request, and if CMT does hold information about you or your child, CMT will:

• give you a description of it
• tell you why the school is holding and processing it, and how long it will be kept for
• explain where CMT got it from, if not from you
• tell you who it has been, or will be, shared with
• let you know whether any automated decision-making is being applied to the data, and any consequences of this
• give you a copy of the information in an intelligible form

Individuals also have the right for their personal information to be transmitted electronically to another organisation in certain circumstances.

If you would like to make a subject access request please contact CMT.

Other rights regarding personal data

Under data protection law, individuals have certain rights regarding how their personal data is used and kept safe. You have the right to:

• object to the use of personal data if it would cause, or is causing, damage or distress
• object to the use of your personal data for decisions being taken by automated means (by a computer or machine, rather than by a person)
• in certain circumstances, have inaccurate personal data corrected, deleted or destroyed, or restrict processing
• claim compensation for damages caused by a breach of the data protection regulations

To exercise any of these rights, please contact CMT.

Contact details and further information

Please get in touch with us if you have any questions about any aspect of this privacy policy.

Email: [email protected]

Complaints

We take any complaints about the collection and use of personal information very seriously. If you think that the collection or use of personal information is unfair, misleading or inappropriate, or have any other concern about data processing, please raise this with the school in the first instance.

Alternatively, you can make a complaint to the Information Commissioner’s Office:

• Report a concern online at https://ico.org.uk/concerns/
• Call 0303 123 1113
• Or write to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5A

Living Document

Important note. This is a living document and the definitive version is on the Trust website. Updates and amendments should be expected. Regularly reviewing the website ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

This version was reviewed in May 2018 and accessed on 23 May 18