We respect your privacy and we are committed to protecting your personal data. This privacy notice informs you about how we look after your personal data which you may have provided to us and it tells you about your privacy rights and how the law protects you.
IMPORTANT INFORMATION AND WHO WE ARE
We act as a payment service provider for our Clients to enable our Clients to administer and collect payment for their goods and services, for example, through Direct Debit. We also provide our clients with a customer records management system which our clients use to manage their students and respective payments. Our Clients are businesses or individuals who provide tuition and other services to you including but not limited to Martial Arts or Dance.
It is important that you read this privacy notice. It aims to give you information on how we collect and process your personal data (including such data in respect of any child who is intended to be the student and you are the parent or guardian) when you sign up to making payments for tuition with one of our clients through the use of our payment collection services, either online through our electronic portal or by paper agreement. It also covers personal data we collect and process when you contact us directly, either through our enquiry form, email or telephone.
Please note that our website and services are not intended for children. A parent, guardian or responsible adult will be required to sign up for making payments for tuition for anyone under the age of 16 who is receiving services from our clients.
We, being Nest Management Limited are the data controller which means that we decide how your personal information is processed and for what purposes (referred to as “us”, “we” or “our” in this privacy notice).
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.
Our details are: Nest Management Limited
ADDRESS: Unit 3.2/3.3 Wilford Business Park, Ruddington Lane, Nottingham, NG11 7EP
TELEPHONE: 0115 945 5030
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.
Your duty to inform us of changes
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.
Our 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.
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).
In delivering our payment services, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes data which you provide via a tuition agreement and Direct Debit mandate, such as first name, last name, marital status, title, date of birth and gender including such data in respect of any child who is intended to be the student and you are the parent or guardian.
- Contact Data includes email address, telephone numbers and emergency contact details.
- 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.
- Profile Data includes your username and password, purchases made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Communications Data includes your communication preferences.
- Financial Data includes bank account details which include sort code, account number, account name and any other information you may provide from time to time.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased.
We also collect and use 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. 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.
If you fail to provide personal data to us
Where we need 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 tuition). In this case, we may have to cancel the service you have with us but will notify you if this is the case at the time.
How is your personal data collected
We use different methods to collect data from and about you including through:
You may give us your data by filling in a form (online or paper) or by corresponding with us by post, phone, online enquiry form or email. This includes personal data you provide when you complete a tuition agreement and Direct Debit Mandate (either online or in paper format) or contact us to update your details.
Automated technologies or interactions
As you interact with our website and online services, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
We may receive personal data about you from various third parties as set out below:
- Technical Data from the following parties:
- Analytics providers such as Google Analytics; and
- Advertising networks such as Google AdWords and Facebook.
- Contact, Identity and Financial Data directly from our clients who are using our services for tuition fee collection and administration, and business management software application.
How we use your personal data
We 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 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 obligation.
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.
We will use your data to complete our obligations under the agreement to collect your payments for tuition and any additional services provided by our Client to the students recorded on the agreement or for those as subsequently amended by you from time to time and as described in the table below.
We will also enable the Client to add data to the student’s records on the system for example attendance, attainment level (Grade), membership records and communications.
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 the basis of legitimate interest|
|To register you as a new Payer/Student and to activate your payment method.||(a) Identity(b) Contact(c) Financial||(a) Performance of a contract(b) Necessary to comply with a legal or regulatory obligation.|
|To prevent fraud. We may check that you own the bank account you enter for our services. We may block transactions that we believe may be fraudulent or authorised. If we or our banking partner believe that an account, payment or refund may be fraudulent we may need to verify your identity using publicly available sources or third party verification.||(a) Identity(b) Contact(c) Financial(d) Transaction(a)||(a) Performance of a contract.(b) Necessary to comply with a legal or regulatory obligation.(c) Necessary for our legitimate interests.|
|To process, manage and deliver:(a) your payment collections.(b) your payment history(c) any unpaid collections.(d) the contract requirements should you decide to cancel your agreement.(e) reactivate your payment method if you have cancelled with your bank in error and request this.||(a) Identity(b) Contact(c) Financial(d) Transaction(e) Communications||(a) Performance of a contract(b) Necessary for our legitimate interests (to recover debts due)|
|To investigate claims and other legal activities where we believe it is necessary to protect our legal rights and interests and the interests of others in connection with legal claims, compliance & regulatory requirements||(a) Identity(b) Contact(c) Financial(d) Transaction||(a) Performance of a contract.(b) Necessary to comply with a legal or regulatory obligation.(c) Necessary for our legitimate interests|
|To update the Client management system with any details you have changed or details of students you have added or removed.||(a) Identity(b) Contact||(a) Necessary for our legitimate interests.(b) to keep all records updated.|
|To enable you to use any data update systems||(a) Identity(b) Contact(c) Profile(d) Usage(e) Communications||(a) Performance of a contract with you.(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business and to enable you to update your data and preferences).|
|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 or regulatory obligation.|
|To deliver relevant website content to you and measure or understand the effectiveness of any notices that we provide to you.||(a) Identity(b) Contact(c) Profile(d) Usage(e) Communications(f) Technical||Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).|
|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 products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).|
The following explains some of the terms used above in connection with the lawful basis for our processing:
This 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
This 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.
Automated decision making
We do not process your personal data for automated decision making where that decision making has any legal or similarly significant effect on you.
We use Google Analytics cookies to help understand how visitors engage with our website. Google uses a set of cookies to collect information and report website usage statistics without personally identifying individual visitors to Google ourselves.
We use Google Advertising cookies to help make sure only relevant and interested parties see our web advertisements. Google uses a set of cookies to collect information and serve adverts over their network without personally identifying individuals to Google ourselves.
We use Facebook Pixel to help make sure only relevant and interested parties see our Facebook advertisements Facebook uses a set of cookies to collect information and serve adverts over their network.
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 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.
Disclosures of your personal data
We do not sell or share your personal data with any other organisations for their marketing purposes. We only share your personal data as explained in this privacy notice.
We may have to share your personal data (for the purposes set out in the table above explaining our use of your personal data) with external third parties who perform certain functions on our behalf or provide us with services to enable us to deliver our services and manage our business.
The services these third parties provide include our business management system, our IT support and service providers, including payment processing and debt collection services and professional advice such as legal, tax and accountancy. We may also share personal data with national governing bodies, regulatory associations and other similar organisations in connection with the tuition subject you /student is receiving. We may also need to share your personal data with HM Revenue and Customs and other regulatory authorities.
We may also share your personal data with third parties to whom we may sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If such 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 may also need to share your personal information to third parties in exceptional or emergency circumstances, where we believe that the sharing of information about your or your child is vital to protect you, your child or another person.
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.
We do not transfer your personal data outside the European Economic Area (EEA).
We take the steps required by data protection law to protect your personal information 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 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.
By law, we have to keep basic information about our customers (including Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see “Request erasure of your personal data” below.
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.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see below to find out more about these rights:
- Request access to your personal data:
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 your personal data:
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.
If you become aware that we hold incorrect information please contact us and We will make the correction, for example: address changes and contact details changes such as an address, telephone number or e-mail details.
- 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, 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 your personal data:
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 transfer of your personal data:
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.
- Right to withdraw consent:
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.
If you wish to exercise any of the rights set out above, please contact us.
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.
Changes to our privacy notice
We may amend this privacy notice from time to time.
This Privacy Notice was last updated 24 September 2020.