Annex 1 – Privacy policy

(reviewed March 2022)

The privacy policy below (the “Policy”) sets out how PACEY uses and protects any Personal Information that you give us when you use any of our products and services, including all our websites (the “Services”).

“Personal information” is any information which refers to you personally such as your name, email address and/or postal address. Please read through this Policy before submitting any of your Personal Information to us. PACEY is committed to ensuring that your privacy is protected. We promise:

• To keep your data safe and private
• Not to sell your data
• To give you ways to manage and review how we contact you (your privacy settings) at any time.

Should we ask you to provide some Personal Information when using the Services, then you can be assured that it will only be used in accordance with this Policy.

As well as this Policy, your privacy is protected by law. Data Protection law says that we are allowed to use your personal information only if we have a proper reason to do so. This includes sharing it with approved third parties if we use them to help us provide a service to you. The law says we must have one or more of these reasons to use your personal information:

• To fulfil a contract we have with you, or
• When it is our legal duty, or
• When it is in our legitimate interest, or
• When you consent to it, or
• Where it is necessary to protect your vital interests, or
• Public interest or exercise of an official authority (e.g. HMRC)

PACEY may change this Policy from time to time. PACEY will notify you by posting a notice on its website. If the policy changes in a material way, we will also notify you via PACEY’s usual communication channels e.g., newsletters. You should also check this page from time to time, to ensure that you are happy with any changes and each time before you submit your personal information.

What we collect

You may browse our Websites without telling us who you are or revealing any Personal Information. We do use cookies to support your use of our websites, other online Services and electronic communications. Please refer to the cookie policy for more information.

You provide us with Personal Information when using our Services, for example if you become a PACEY member; if you register for a service; order a product from our shop; request information from us; respond to a policy or research consultation or ask for updates on jobs at PACEY. 

We may collect, use, store and transfer different kinds of Personal Information about you which we have grouped together follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender, occupation.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password [to login to MyPACEY], purchases or orders made by you, your interests, preferences, feedback, and survey responses.
• Usage Data includes information about how you use our website, products, and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your privacy settings.

It is important that the Personal Information we hold about you is accurate and up to date. Please do keep us informed if your Personal Information changes. We will never collect any unnecessary personal data from you and do not process your information in any way, other than as specified in this notice.

Where we collect personal information from

PACEY collects personal information in a variety of ways including

• When you apply for our products and services
• When you talk to us by phone
• When you use our websites, mobile devices or other electronic communications
• In emails and letters
• If you contact or engage with us via social media platforms
• In insurance claims and other documents
• In financial transactions for products and services
• In customer surveys and other research
• If you take part in competitions or promotions

We also provide services on behalf of third parties such as local authorities and government, and to deliver these services we are often required to collect personal information on their behalf.

What we do with the Personal Information we gather

We have set out below, in a table format, a description of all the ways we plan to use your Personal Information, 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 Information 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 Information where more than one ground has been set out in the table below.

Where we assert we have a legitimate interest this will only be if your interests and fundamental rights do not override those interests.

Generally, we do not rely on consent as a legal basis for processing your Personal Information other than in relation to sending solus direct marketing communications to you via post, email, or text message from approved third parties. You would need to have given us your explicit consent to do so by stating this in your privacy settings (see Controlling your Personal Information).

You have the right to withdraw consent to such third-party direct marketing communications at any time by updating your privacy settings or contacting us to do so on your behalf.

If you have signed up to any preference service but would like to continue to receive information from PACEY, you will need to confirm this to us when joining or at a later date.

If you are a PACEY member using CEY smart, your preferences are already retained on the PACEY website.

You can also tell us your preferences by emailing us at support@pacey.org.uk or by writing to us at Membership Services, PACEY, Northside House, Third Floor, 69 Tweedy Road, Bromley, Kent, BR1 3WA.

Retention policy – PACEY 

PACEY will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. This means we keep your personal information for as long as you are a member or customer of PACEY and its subsidiaries. After you stop being a member or customer, we may keep your data for a further five years to contact you about policy and regulatory developments in childcare and early years as well as other PACEY products and services (so long as you have stated you want to receive these communications). If during those five years you do not respond to our communication, we will categorise you as inactive and your data will be archived and anonymised.

We may keep your Personal Information for longer if we need to respond to questions and complaints about any insurance policies or qualifications we have provided to you or to maintain records according to rules that apply to us. For example, Personal Information provided for the purpose of transacting insurance you have purchased from PACEY will be retained for the insurer’s required period, so they can support you with any future liability or claim on that insurance policy. Personal Information provided for the purpose of purchasing and undertaking a training qualification will be retained for the qualification awarding organisation’s required period.

We may also keep your Personal Information for longer if we cannot delete it for legal, regulatory or technical reasons. We may also keep it for research or statistical purposes. If we do, we will make sure that your privacy is protected e.g. your data will be archived and anonymised, and we will only use it for those purposes.

Retention policy – PACEY members and CEY smart

PACEY will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. This means we keep your personal information for as long as you are a member or customer of PACEY and its subsidiaries. After you stop being a member or customer, we may keep your data for a further five years to contact you about policy and regulatory developments in childcare and early years as well as other PACEY products and services (so long as you have stated you want to receive these communications). If during those five years you do not respond to our communication, we will categorise you as inactive and your data will be archived and anonymised.

We may also keep your Personal Information for longer if we cannot delete it for legal, regulatory or technical reasons. We may also keep it for research or statistical purposes. If we do, we will make sure that your privacy is protected e.g. your data will be archived and anonymised, and we will only use it for those purposes.

Retention policy – non-PACEY members and CEY smart

PACEY will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. This means we keep your personal information for as long as you are a registered user of EY smart. If you cease being an active user, we may keep your data to contact you with relevant information about child development and the home learning environment; products and services and third party information, if, and for as long as you have stated you want to receive these communications.

If after five years you do not respond to our communication, we will categorise you as inactive and your data will be archived and anonymised.

Disclosure to Third Parties (list third parties name and what we use them for, where can I source a list of all 3rd parties and their services they provide?)

We only disclose Personal Information to another organisation if they are:

• funding your membership,
• government bodies and law enforcement agencies,
• successors in title to our business
• suppliers we engage to process data on our behalf or to process and dispatch goods or services that you may buy.

Please note that we will also disclose personal information to fraud prevention and other agencies to help prevent crime or where we suspect fraud.

We will only use your Personal Information to send you promotional information about third parties on their behalf if you have provided consent to us doing so. We only share your details with selected third parties to the extent that they need the information to provide the Services we are providing to you. All the third parties that PACEY uses to process your Personal Information to provide the Services you have requested have confirmed that they are UKGDPR compliant i.e. manage your data as required by law. We also do not use third parties that operate outside of the EAA.

Where information is shared with the organisation funding your PACEY membership or other Service, we will only share information relating to your use of Services to the extent that this is necessary to demonstrate to the funder the value of such Services. We will not share any information about your use of PACEY Helplines which remains confidential.

How long we keep your personal information

We will keep your information for as long as you are a member or customer of PACEY. After you stop being a member or customer of PACEY, we may keep your data for up to five years for one of the following reasons:

• To respond to any questions or complaints
• To show that we treated you fairly
• To maintain records according to rules that apply to us
• To administrate products and services

After that period, your personal data will either be deleted or anonymised and archived for future research purposes.

Right to be informed

You have a right to receive clear and easy to understand information on what personal information we have, why and who we share it with. 

Controlling your Personal Information

You can choose how PACEY uses your Personal Information at any time by amending your privacy settings here or by emailing us at support@pacey.org.uk.

If you choose not to give us your Personal Information, you may prevent us from meeting a legal requirement or delivering the terms of a contract we have with you. It may also mean we cannot perform services needed to fulfil the terms of your membership or deliver a product or service. It could mean that we cancel a product or service you have with us.

How to get a copy of your Personal Information

You can access the Personal Information we hold about you, by writing to PACEY, Northside House, Third Floor, 69 Tweedy Road, Bromley, Kent, BR1 3WA or emailing us at DPO@pacey.org.uk.

Letting us know if your Personal Information is incorrect

You have the right to question any information we have about you that you think is wrong or incomplete. Please contact us via the above address if you want to do this. If you do, we will take all reasonable steps to check its accuracy and correct it. PACEY members can view and update their personal details in MyPACEY.

What if you want us to stop using your Personal Information?

You have the right to object to our use of your Personal Information, or to ask us to delete, remove or stop using your Personal Information if there is no need for us to keep it. This is known as the ‘right to erasure’, or the ’right to be forgotten’. There may be legal or other official reasons why we need to keep or use your Personal Information.

If you want to object to how we use your Personal Information or ask us to delete it or restrict how we use it please contact us by emailing us at DPO@pacey.org.uk.

We may sometimes be able to restrict the use of your Personal Information. This means that it can only be used for certain things, such as legal claims or to exercise legal rights. In this situation, we would not use or share your Personal Information in other ways while it is restricted.

You can ask us to restrict the use of your Personal Information if

• It is not accurate
• It has been used unlawfully but you don’t want us to delete it
• It is not relevant anymore, but you want us to keep it for use in legal claims
• You have already asked us to stop using it but you are waiting for us to tell you if we are allowed to keep on using it.

How to withdraw your consent

Where you have given us your consent to us using your Personal Information you can withdraw such consent to us using your Personal Information at any time. You can do this by changing your privacy settings or by contacting us on 0300 003 0005 or emailing us at support@pacey.org.uk

If you withdraw your consent, we may not be able to provide certain products and services to you. If this is so, we will tell you.

Data portability

You have the right to get your Personal Information from us in a format that can be easily re-used. You can also ask us to pass on your Personal Information in this format to other organisations.

Right to request

You have the right to ask for a copy of the personal information we hold under the UKGDPR Act, Data Protection Act 2018. You can do this by emailing support@pacey.org.uk

Right to rectification

You have the right to question any information we have about you that you think is wrong or incomplete. Please contact us by emailing support@pacey.org.uk if you want to do this. We will take reasonable steps to check its accuracy and correct it.

Right to object

You have the right to object to our use of your personal information; or to ask us to delete, remove or stop using your personal information if there is no need for us to keep it. This is known as the ‘right to object’; ‘right to erasure’ or the ‘right to be forgotten’.

There may be legal or other official reasons why we need to keep or use your data. But please tell us if you think that we should not be using it. We may sometimes be able to restrict the use of your data. This means that it can only be used for certain things, such as legal claims or to exercise legal rights. In this situation we would not use or share your information in other ways whilst it is restricted

You can ask us to restrict the use of your personal information if:

• It is not accurate
• It has been used unlawfully but you don’t want us to delete it
• It is not relevant any more but you want us to keep it for use in legal claims
• You have already asked us to stop using your personal data but you are waiting for us to tell you if we are allowed to keep on using it.

If you want to object to how we use your data, or ask us to delete it or restrict how we use it, please email support@pacey.org.uk.

Compensation

Individuals have a right to claim compensation for damages caused by infringement of the Regulation from the Data Controller or Data Processor.

International transfers of Personal Information

On the basis that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data across international boundaries. Therefore, by browsing online Services such as PACEY’s websites and submitting Personal Information to us, you acknowledge our processing of your Personal Information on this basis.

Security

We are committed to ensuring that your Personal Information is secure and protected from unauthorised access, alteration, disclosure or destruction and have several layers of security measures in place, including: encryptions, restricted access, IT authentication, firewalls, anti-virus/malware.

Whilst we will make all reasonable efforts to maintain security of your Personal Information, we assume no responsibility for the security of such information. We limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions, and they are subject to a duty of confidentiality. Our Websites may contain links to other websites. However, once you have used these links to leave our site, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this Policy. When you leave our Websites we encourage you to read the privacy notice of other websites you are directed to.

Logging a Complaint

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory office for data protection. We would, however, appreciate the opportunity to address any concerns you may have before you approach the ICO.

Information Commissioner Office (ICO)
Wycliffe House
Water Lane
Wilmslow
SK9 5AF

Telephone: 0303 123 1113
https://ico.org.uk/concerns/

PACEY
Northside House
Third Floor
69 Tweedy Road
Bromley
Kent BR1 3WA

DPO@pacey.org.uk