Privacy

Privacy Notice

WHO WE ARE

Marlborough House School (‘the School’) is for the purposes of the General Data Protection Regulation
(EU 2016/679) and the UK Data Protection Act 2018, as well as potentially other relevant supporting
legislation, the ‘data controller’.

The School was founded in 1874 and was incorporated on 18th July 1957 under the Companies Act
1948 as Marlborough House School Trust Limited, a Charitable Company limited by guarantee. The
School is registered with DCSF as School Number 886/6005. It is registered as Charity Number 307793,
and holds the Company Registration number 587487. The Registered Office and principal address of
the Company is at Marlborough House School, High Street, Hawkhurst, Kent, TN18 4PY.
The School is not part of a group of schools, or, linked informally to any other school. As such,
therefore, this Privacy Notice (the ‘Notice’) is not intended to cover the activities of any other school.
The Marlborough House School Society is an alumni organisation run by the School.

WHAT THIS PRIVACY NOTICE IS FOR

This policy is intended to provide information about how Marlborough House School will use (or
"process") personal data about individuals including:
 Pupils currently attending the School
 Parents / guardians of those pupils currently attending the School
 Former pupils of the School (including those who are members of the Marlborough
House School Society)
 Parents / guardians of former pupils of the School
 Prospective pupils of the School
 Parents / guardians of prospective pupils of the School
 Current members of staff of the School
 Former members of staff of the School
 Prospective members of staff of the School
 Governors, past and present, of the School


This information is provided because Data Protection Law gives individuals rights to understand how
their data is used. Staff, parents and pupils are all encouraged to read this Privacy Notice and
understand the School’s obligations to its entire community.
This Privacy Notice applies alongside any other information the School may provide about a particular
use of personal data, for example when collecting data via an online or paper form.
This Privacy Notice also applies in addition to the School's other relevant terms and conditions and
policies, including:
 any contract between Marlborough House School and its staff or the parents of pupils;
 the School's policy on Safe Use of Children’s Photographs;
 the School’s Educational Visits Policy;
 the School’s Data Retention Policy;
 the School's Safeguarding and Child Protection, Anti Bullying, and Health and Safety policies,
including as to how concerns or incidents are recorded; and
 the School's IT policies, including its IT Acceptable Use Policy, Social Media Policy and Use of
Mobile Device Policy.
Anyone who works for, or acts on behalf of, the School (including staff, volunteers, Governors and
service providers) should also be aware of and comply with this Privacy Notice and the School's Staff
Privacy Notice, which also provides further information about how personal data about those
individuals will be used.

RESPONSIBILITY FOR DATA PROTECTION

The School has appointed the Bursar as its Chief Privacy Officer.
As the School’s Chief Privacy Officer, the Bursar will deal with all your requests and enquiries
concerning the School’s use of your personal data (see section on ‘Your Rights’ below) and endeavour
to ensure that all personal data is processed in compliance with this notice and Data Protection Law.
The Bursar can be contacted using the following email address:
bursar@marlboroughhouseschool.co.uk, or, by writing to Marlborough House School.

WHY THE SCHOOL NEEDS TO PROCESS PERSONAL DATA

In order to carry out its ordinary duties to staff, pupils and parents, the School needs to process a wide
range of personal data about individuals (including current, past and prospective staff, pupils or
parents) as part of its daily operation.
The School will need to carry out some of this activity in order to fulfil its legal rights, duties or
obligations – including those under a contract with its staff, or parents of its pupils.
Other use of personal data will be made in accordance with the School’s legitimate interests, or the
legitimate interests of another, provided that these are not outweighed by the impact on individuals,
and provided it does not involve special or sensitive types of data.
The School expects that the following uses will fall within the category of its (or its community’s)
“legitimate interests”:


 For the purposes of pupil selection (and to confirm the identity of prospective pupils and their
parents);
 To provide education services, including musical education, physical training or spiritual
development, career services, and extra-curricular activities to pupils, and monitoring pupils'
progress and educational needs;
 Maintaining relationships with alumni and the school community, including direct marketing
or fundraising activity;
 For the purposes of donor due diligence, and to confirm the identity of prospective donors and
their background;
 For the purposes of management planning and forecasting, research and statistical analysis,
including that imposed or provided for by law (such as tax, diversity or gender pay gap
analysis);


 To enable relevant authorities to monitor the School's performance and to intervene or assist
with incidents as appropriate;
 To give and receive information and references about past, current and prospective pupils,
including relating to outstanding fees or payment history, to/from any educational institution
that the pupil attended or where it is proposed they attend; and to provide references to
potential employers of past pupils;
 To enable pupils to take part in national or other assessments, and to publish the results of
public examinations or other achievements of pupils of the School;
 To safeguard pupils' welfare and provide appropriate pastoral care;
 To monitor (as appropriate) use of the School's IT and communications systems in
accordance with the School's IT Acceptable Use Policy;
 To make use of photographic images of pupils in School publications, on the School website
and (where appropriate) on the School's social media channels in accordance with the School's
policy on Safe Use of Children’s Photographs;
 In connection with employment of its staff, for example DBS checks, welfare, union
membership or pension plans;
 To carry out or cooperate with any school or external complaints, disciplinary or investigation
process; and
 Where otherwise reasonably necessary for the School's purposes, including to obtain
appropriate professional advice and insurance for the school.
In addition, the School will on occasion need to process special category personal data (concerning
health, ethnicity, religion, or sexual life) or criminal records information (such as when carrying out
DBS checks) in accordance with rights or duties imposed on it by law, including as regards safeguarding
and employment, or from time to time by explicit consent where required. These reasons will include:
 To safeguard pupils' welfare and provide appropriate pastoral (and where necessary, medical)
care, and to take appropriate action in the event of an emergency, incident or accident,
including by disclosing details of an individual's medical condition or other relevant
information where it is in the individual's interests to do so: for example for medical advice,
for social protection, safeguarding, and cooperation with police or social services, for
insurance purposes or to caterers or organisers of school trips who need to be made aware of
dietary or medical needs;

 To provide educational services in the context of any special educational needs of a pupil;
 To provide spiritual education in the context of any religious beliefs;
 In connection with employment of its staff, for example DBS checks, welfare, union
membership or pension plans;
 As part of any school or external complaints, disciplinary or investigation process that involves
such data, for example if there are Special Educational Needs (SEN), health or safeguarding
elements; or
 For legal and regulatory purposes (for example child protection, diversity monitoring and
health and safety) and to comply with its legal obligations and duties of care.

TYPES OF PERSONAL DATA PROCESSED BY THE SCHOOL

This will include by way of example:
 names, addresses, telephone numbers, e-mail addresses and other contact details;
 car details (about those who use our car parking facilities);
 bank details and other financial information, e.g. about parents who pay fees to the school, or
for staff (e.g. payroll, pensions);
 past, present and prospective pupils' academic, disciplinary, admissions and attendance
records (including information about any special needs), and examination scripts and marks;
 personnel files, including in connection with academics, employment or safeguarding;
 where appropriate, information about individuals' health and welfare, and contact details for
their next of kin;
 references given or received by the school about pupils, and relevant information provided by
previous educational establishments and/or other professionals or organisations working with
pupils;
 correspondence with and concerning staff, pupils and parents past and present; and
 images of pupils (and occasionally other individuals) engaging in school activities (in
accordance with the school's policy on Safe Use of Children’s Photographs);

HOW THE SCHOOL COLLECTS DATA

Generally, the School receives personal data from the individual directly (including, in the case of
pupils, from their parents). This may be via a form, or simply in the ordinary course of interaction or
communication (such as email or written assessments).
However in some cases personal data will be supplied by third parties (for example another school, or
other professionals or authorities working with that individual.

WHO HAS ACCESS TO PERSONAL DATA AND WHO THE SCHOOL SHARES IT WITH

Occasionally, the School will need to share personal information relating to its community with third
parties, such as:
 professional advisers (e.g. lawyers, insurers, PR advisers and accountants);
 government authorities (e.g. HMRC, DfE, police or the local authority); and
 appropriate regulatory bodies e.g., the Independent Schools Inspectorate, the Charity
Commission, or the Information Commissioner. 

For the most part, personal data collected by the school will remain within the school, and will be
processed by appropriate individuals only in accordance with access protocols (i.e. on a ‘need to know’
basis). Particularly strict rules of access apply in the context of:
 medical records held and accessed only by the School Nurse and appropriate staff under
his/her supervision, or otherwise in accordance with express consent; and
 pastoral or safeguarding files held by the Designated Safeguarding Lead (‘DSL’).
However, a certain amount of any SEN pupil’s relevant information will need to be provided to staff
more widely in the context of providing the necessary care and education that the pupil requires.
Staff, pupils and parents are reminded that the School is under duties imposed by law and statutory
guidance (including Keeping Children Safe in Education) to record or report incidents and concerns
that arise or are reported to it, in some cases regardless of whether they are proven, if they meet a
certain threshold of seriousness in their nature or regularity. This is likely to include file notes on
personnel or safeguarding files, and in some cases referrals to relevant authorities such as the LADO
or police. For further information about this, please view the School’s Safeguarding and Child
Protection Policy.
Finally, in accordance with Data Protection Law, some of the School’s processing activity is carried out
on its behalf by third parties, such as IT systems, web developers or cloud storage providers. This is
always subject to contractual assurances that personal data will be kept securely and only in
accordance with the School’s specific directions.

HOW LONG WE KEEP PERSONAL DATA

The School will retain personal data securely and only in line with how long it is necessary to keep for
a legitimate and lawful reason. Typically, the legal recommendation for how long to keep ordinary staff
and pupil personnel files is up to 7 years following departure from the School. However, incident
reports and safeguarding files will need to be kept longer, in accordance with specific legal
requirements.
If you have any specific queries about how our Data Retention Policy is applied, or wish to request that
personal data that you no longer believe to be relevant is considered for erasure, please contact the
Bursar. However, please bear in mind that the School will often have lawful and necessary reasons to
hold on to some personal data even following such request.
A limited and reasonable amount of information will be kept for archiving purposes, for example; and
even where you have requested we no longer keep in touch with you, we will need to keep a record
of the fact in order to fulfil your wishes (called a "suppression record").

KEEPING IN TOUCH AND SUPPORTING THE SCHOOL

The School will use the contact details of parents, alumni and other members of the School community
to keep them updated about the activities of the School, or alumni and parent events of interest,
including by sending updates and newsletters, by email and by post. Unless the relevant individual
objects, the School will also:
 Share personal data about parents and/or alumni, as appropriate, with organisations set up to
help establish and maintain relationships with the school community, such as the Marlborough
House School Society;
 Contact parents and/or alumni (including via the organisations above) by post and email in
order to promote and raise funds for the school and, where appropriate, other worthy causes;
 Should you wish to limit or object to any such use, or would like further information about
them, please contact the Alumni Manager in writing, via Marlborough House School. You
always have the right to withdraw consent, where given, or otherwise object to direct
marketing or fundraising. However, the School is nonetheless likely to retain some of your
details (not least to ensure that no more communications are sent to that particular address,
email or telephone number).

YOUR RIGHTS

 Rights of access, etc.
Individuals have various rights under Data Protection Law to access and understand personal data
about them held by the School, and in some cases ask for it to be erased or amended or have it
transferred to others, or for the School to stop processing it – but subject to certain exemptions and
limitations.
Any individual wishing to access or amend their personal data, or wishing it to be transferred to
another person or organisation, or who has some other objection to how their personal data is used,
should put their request in writing to the Bursar.
The School will endeavour to respond to any such written requests as soon as is reasonably practicable
and in any event within statutory time-limits (which is one month in the case of requests for access to
information).
The School will be better able to respond quickly to smaller, targeted requests for information. If the
request for information is manifestly excessive or similar to previous requests, the School may ask you
to reconsider, or require a proportionate fee (but only where Data Protection Law allows it).
 Requests that cannot be fulfilled
You should be aware that the right of access is limited to your own personal data, and certain data is
exempt from the right of access. This will include information which identifies other individuals (and
parents need to be aware this may include their own children, in certain limited situations – please see
further below), or information which is subject to legal privilege (for example legal advice given to or
sought by the School, or documents prepared in connection with a legal action).
The School is also not required to disclose any pupil examination scripts (or other information
consisting solely of pupil test answers), provide examination or other test marks ahead of any ordinary
publication, nor share any confidential reference given by the School itself for the purposes of the
education, training or employment of any individual.
You may have heard of the "right to be forgotten". However, we will sometimes have compelling
reasons to refuse specific requests to amend, delete or stop processing your (or your child's) personal
data: for example, a legal requirement, or where it falls within a legitimate interest identified in this
Privacy Notice. All such requests will be considered on their own merits.

 Pupil requests
Pupils can make subject access requests for their own personal data, provided that, in the reasonable
opinion of the School, they have sufficient maturity to understand the request they are making (see
section Whose Rights? below). A pupil of any age may ask a parent or other representative to make a
subject access request on his/her behalf.
Indeed, while a person with parental responsibility will generally be entitled to make a subject access
request on behalf of younger pupils, the law still considers the information in question to be the child’s:
for older pupils, the parent making the request may need to evidence their child's authority for the
specific request.
Pupils at aged e.g. 13 and above are generally assumed to have this level of maturity, although this will
depend on both the child and the personal data requested, including any relevant circumstances at
home. Older Prep School children may however be sufficiently mature to have a say in this decision,
depending on the child and the circumstances.
 Parental requests, etc.
It should be clearly understood that the rules on subject access are not the sole basis on which
information requests are handled. Parents may not have a statutory right to information, but they and
others will often have a legitimate interest or expectation in receiving certain information about pupils
without their consent. The School may consider there are lawful grounds for sharing with or without
reference to that pupil.
Parents will in general receive educational and pastoral updates about their children, in accordance
with the Parent Contract. Where parents are separated, the school will in most cases aim to provide
the same information to each person with parental responsibility, but may need to factor in all the
circumstances including the express wishes of the child.
All information requests from, on behalf of, or concerning pupils – whether made under subject access
or simply as an incidental request – will therefore be considered on a case by case basis.
 Consent
Where the School is relying on consent as a means to process personal data, any person may withdraw
this consent at any time (subject to similar age considerations as above). Examples where we do rely
on consent are: e.g. certain types of uses of images, certain types of fundraising activity. Please be
aware however that the School may not be relying on consent but have another lawful reason to
process the personal data in question even without your consent.
That reason will usually have been asserted under this Privacy Notice, or may otherwise exist under
some form of contract or agreement with the individual (e.g. an employment or parent contract, or
because a purchase of goods, services or membership of an organisation such as an alumni or parents'
association has been requested).
 Whose rights?
The rights under Data Protection Law belong to the individual to whom the data relates. However, the
School will often rely on parental authority or notice for the necessary ways it processes personal data
relating to pupils – for example, under the parent contract, or via a form. Parents and pupils should be
aware that this is not necessarily the same as the School relying on strict consent (see section on
Consent above). 

Where consent is required, it may in some cases be necessary or appropriate – given the nature of the
processing in question, and the pupil's age and understanding – to seek the pupil's consent. Parents
should be aware that in such situations they may not be consulted, depending on the interests of the
child, the parents’ rights at law or under their contract, and all the circumstances.
In general, the School will assume that pupils’ consent is not required for ordinary disclosure of their
personal data to their parents, e.g. for the purposes of keeping parents informed about the pupil's
activities, progress and behaviour, and in the interests of the pupil's welfare. That is unless, in the
School's opinion, there is a good reason to do otherwise.
However, where a pupil seeks to raise concerns confidentially with a member of staff and expressly
withholds their agreement to their personal data being disclosed to their parents, the School may be
under an obligation to maintain confidentiality unless, in the School's opinion, there is a good reason
to do otherwise; for example where the School believes disclosure will be in the best interests of the
pupil or other pupils, or if required by law.
Pupils are required to respect the personal data and privacy of others, and to comply with the School's
IT Acceptable Use, Social Media, and Anti Bullying policies, and the School rules. Staff are under
professional duties to do the same covered under the relevant staff policy.

DATA ACCURACY AND SECURITY

The School will endeavour to ensure that all personal data held in relation to an individual is as up to
date and accurate as possible. Individuals must please notify the Bursary of any significant changes to
important information, such as contact details, held about them.
An individual has the right to request that any out-of-date, irrelevant or inaccurate or information
about them is erased or corrected (subject to certain exemptions and limitations under Data Protection
Law): please see above for details of why the School may need to process your data, of who you may
contact if you disagree.
The School will take appropriate technical and organisational steps to ensure the security of personal
data about individuals, including policies around use of technology and devices, and access to school
systems. All staff and Governors will be made aware of this policy and their duties under Data
Protection Law and receive relevant training.

THIS NOTICE

The School will update this Privacy Notice from time to time. Any substantial changes that affect your
rights will be provided to you directly as far as is reasonably practicable.

QUERIES AND COMPLAINTS

Any comments or queries on this policy should be directed to the Schools Chief Privacy Officer using
the following email address:
bursar@marlboroughhouseschool.co.uk, or by writing to Marlborough House School.
If an individual believes that the School has not complied with this policy or acted otherwise than in
accordance with Data Protection Law, they should utilise the School’s complaints procedure and
should also notify the Headmaster. You can also make a referral to or lodge a complaint with the
Information Commissioner’s Office (ICO), although the ICO recommends that steps are taken to resolve
the matter with the school before involving the regulator.
Last issued May 2018
Marlborough House School, Hawkhurst, Cranbrook, Kent TN18 4PY
Telephone 01580 753555 / contact@marlboroughhouseschool.co.uk / www.marlboroughhouseschool.co.uk
Headmaster Martyn Ward BEd (Hons) Marlborough House School Trust Limited, Registered Charity 307793, Registered Company 587487
 

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