WHAT IS THE PURPOSE OF THIS DOCUMENT?
Kowalah Limited (“Kowalah” or “we”) is committed to protecting the privacy and security of your personal information.
This privacy notice applies to all providers of daytime help, babysitters, after school sitters or other providers of child care (“Sitters” or “you”) and describes how we collect and use personal information about you, for as long as you make your services available and accept sitting jobs through Kowalah, and for a period of time following the termination of the relationship, in accordance with the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018, together referred below as “data protection legislation”.
Kowalah is a limited company, number 09990899, with registered office at Swatton Barn, Badbury, Swindon, England SN4 0EU. Kowalah is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
DATA PROTECTION PRINCIPLES
We will comply with the data protection principles. These principles require that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
THE KIND OF INFORMATION WE HOLD ABOUT YOU
“Personal data”, or personal information, means any information about an individual from which that person can be identified. This does not include data from which the identifiers have been removed (anonymous data).
There are “special categories” of more sensitive personal data which require a higher level of protection. Where this is the case, we will only process such personal data with your explicit consent, in accordance with GDPR Article 9 (2) (a).
We will collect, store, and use the following types of personal information about you:
- Personal contact details such as your full name, title, address, telephone numbers, and personal email addresses.
- Profile photo(s).
- Your date of birth.
- Proof of your eligibility to work in the UK (where applicable).
- Proof of your residency.
- Your bank details and other information necessary for payment processing including credit or debit card details.
- Your DBS status (where applicable).
- A copy of your driving licence or passport.
- References about you.
- [Kowalah review of the parent(s) of any children you may care for]
- [Kowalah rating of the parent(s) of any children you may care for]
We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your health including any allergies, medical condition and health and sickness records.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We collect personal information about you from our email or written correspondence with you, from conversations over the telephone, from referrals, over our website, via the Kowalah app and from face to face meetings with you.
We may collect additional personal information throughout the period of your relationship with us.
THE BASIS ON WHICH WE WILL USE INFORMATION ABOUT YOU
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- Where we have your consent to processing.
- Where we need to comply with a legal obligation.
- 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.
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your vital interests (or someone else’s interests).
- Where it is needed in the public interest or for official purposes.
Situations in which we will use your personal information
The situations in which we will process your personal information are listed below.
- To enable us to deliver our services and perform our contracts with parents, as this is necessary for our legitimate business interest.
- To enable us to pay you for your services.
- To enable us to comply with health and safety obligations and other legal reporting obligations we may have.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to process payments due to you or we may be prevented from complying with our legal obligations (such as to ensure your eligibility to work in the UK).
Change of purpose
We will only use your personal information 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 information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION
”Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
- Where we have your explicit written consent.
- Where we need to carry out our legal obligations and in line with data protection legislation.
- Where such processing is otherwise permitted by data protection legislation
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
DATA SHARING, TRANSFER and STORAGE
We may have to share your data with third parties, including third-party service providers which support our business in various ways and existing or prospective parents or users of our services.
We require third parties to respect the security of your data and to treat it in accordance with the data protection legislation.
We have evaluated the compliance and security measures of our third party service providers to ensure their suitability to process personal data on our instructions.
We may transfer your personal information outside the EEA. If we do, you can expect a comparable and equivalent degree of protection in respect of your personal information.
Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary for us to ensure we are delivering our services to parents, or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
Third party service providers include Salesforce.com and Stripe. They provide data storage and payment processing.
How secure is my information with third-party service providers?
All our third-party service providers are required to take appropriate technical and organisational security measures to protect your personal information in line with data protection legislation. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
Transferring information outside the EEA
Our servers are based in the UK and we do not envisage that we will transfer the personal information we collect about you outside the EEA, however we will notify you in writing if this position changes.
We have put in place measures to protect the security of your information. Details of these measures are available upon request.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, 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. Details of these measures may be obtained on request from firstname.lastname@example.org.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
How long will you keep my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, health and safety or reporting requirements. Details of retention periods for your personal information are available from email@example.com. 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 the 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.
Our governing principle is that we will keep personal data for seven (7) years from the date you first make use of Kowalah’s services.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you have ceased using Kowalah’s services, we will retain and then securely destroy your personal information in accordance with our internal policy and applicable laws and regulations.
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the course of your relationship with us.
Your rights in connection with personal information
By law you have the right to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, please contact us at firstname.lastname@example.org in writing.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such 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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
RIGHT TO WITHDRAW CONSENT
Where you may have provided your consent to the collection, processing and transfer of certain personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact email@example.com. Once we have received notification that you have withdrawn your consent, we will no longer process that personal information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
If you have any questions about this privacy notice or how we handle your personal information, please contact us at firstname.lastname@example.org.
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.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
Last updated: January 2019