1. Definitions and interpretation
|Data||collectively all information that you submit to the School. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;|
|Data Protection Laws||any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;|
|GDPR||the General Data Protection Regulation (EU) 2016/679;|
|School||either: (A) .......................................... a company incorporated in England and Wales with registered number..........................................whose registered office is at.......................................... ; or (B) .......................................... operating as a sole trader, whose principal office is at..........................................|
|Training Services||the practical driving training services provided by the School to the User pursuant to an agreement and Terms and Conditions;|
|UK and EU Cookie Law||the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;|
|User or you||any third party that provides information to the School and is not either (i) employed by the School and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to the School and; and|
|Website||any website operated and maintained by the School.|
a. the singular includes the plural and vice versa;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. “including” is understood to mean “including without limitation”;
e. reference to any statutory provision includes any modification or amendment of it;
2.2 For purposes of the applicable Data Protection Laws, the School is the “data controller”.
3. Data collected
3.1 We may collect the following Data, which includes personal Data, from you:
b. date of birth;
d. contact Information such as email addresses and telephone numbers;
e. driving licence number and details (including provisional licence where applicable);
f. IP address (automatically collected where using a School Website);
g. web browser type and version (automatically collected where using a School Website);
h. operating system (automatically collected where using a School Website);
i. dashcam footage;
j. health information related to COVID-19;
4. How we collect Data
4.1 We collect Data in the following ways:
a. data is given to us by you; and
b. data is collected automatically.
5. Data that is given to us by you
5.1 The School will collect your Data in a number of ways, for example:
a. when you contact us through the Website, by telephone, post, email or through any other means;
b. when you register with us and enter into an agreement to receive our Training Services;
c. when you use our Training Services;
6. Data that is collected automatically
6.1 To the extent that you access the Website (if applicable), we will collect your Data automatically, for example:
a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.
7. Our use of Data
7.1 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Training Services. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. to allow delivery of our Training Services to You;
7.2 We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
7.3 When you register with us and sign an agreement to receive our Training Services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
8. Who we share Data with
8.1 We may share your Data with the following groups of people for the following reasons:
a. our employees, agents and/or professional advisors, including insurers, to ensure the successful deliver of our Training Services to you, in accordance with all applicable legislation;
b. any sub-processors required for the delivery of our services to you, including third party payment providers.
9. Keeping Data secure
9.1 We will use technical and organisational measures to safeguard your Data, for example:
a. we store your Data on secure servers.
9.2 Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via the email address outlined in your contract with the School.
10. Data retention
10.2 Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
11. Your rights
11.1 You have the following rights in relation to your Data:
a. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase – the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
e. Right to data portability – the right to request that we move, copy or transfer your Data.
f. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
11.2 To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via the email address outlined in your contract with the School.
11.3 If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
11.4 It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
12. Transfers outside the European Economic Area
12.1 Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA) or UK. For example, this could occur if our servers are located in a country outside the EEA or UK or one of our service providers is situated in a country outside the EEA or UK.
12.2 We will only transfer Data outside the EEA or UK where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
12.3 To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
13. Changes of business ownership and control
13.2 We may also disclose Data to a prospective purchaser of our business or any part of it.
13.3 In the above instances, we will take steps with the aim of ensuring your privacy is protected.
14.2 All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
14.3 Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies.
By giving your consent to the placing of Cookies, you are enabling the School to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
14.4 The Website may place the following Cookies:
|Type of Cookie||Purpose|
|Strictly necessary cookies||These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.|
|Functionality cookies||These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).|
14.5 You can find a list of Cookies that we use in the Cookies Schedule.
14.6 You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
14.7 You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
14.8 It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
14.9 For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
15.3 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
15.4 This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
16.1 We use certain sub-processors to effectively deliver our service and products to you. Any sub-processor we engage with represents that they have adequate data protection measures in place equivalent to ours. We may add, remove or change any of our sub-processors at any time. Our current sub-processors include:
Applicable only for Schools operating a Website:
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.
We use the following strictly necessary cookies:
|Description of Cookie||Purpose|
We use the following functionality cookies:
|Description of Cookie||Purpose|