Data Processing Terms
These terms apply to any agreement entered into by Connect Software Solutions Limited that specify the Connect Data Processing Terms shall apply with effect from 25th May 2018. These terms will apply unless new terms are in place at the date of the agreement
The terms shall be deemed to be agreed by the parties by virtue of their entry into the agreement referring to them.
Data Processing Terms
1.1 The protection and lawful use of Personal Data is of paramount importance to Connect and the Client and both parties will ensure that any Personal Data they hold is secure and managed in accordance with all legal obligations. Connect take the management of data very seriously and look to ensure that all of its clients and suppliers do. This clause reflects Connect’s contractual commitment which is part of its overall data protection processes.
1.2 Both parties agree to perform obligations under the agreement between the parties whilst adhering to the requirements of the Data Protection Legislation. Both parties agree to comply with all aspects of the Data Protection Legislation and that in the event that any provision of the agreement would contradict the Data Protection Legislation it will be treated as being subject to the Data Protection Legislation.
1.3 For any data provided to Connect for which a Client is and will remain the Data Controller, Connect will
- solely process the Personal Data for the provision of the services under the agreement and in compliance with the Clients written instructions;
- notify the Client promptly if Connect becomes aware that any instructions of the Client relating to the processing of Personal Data are unlawful;
- notify the Client of any request by a data subject to exercise a right under the Data Protection Legislation relation to the Client’s data;
- ensure that any persons (including sub-processors) used by Connect to process the Client’s data are subject to legally binding obligations of confidentiality in relation to the Personal Data;
- be authorised to engage a sub-contractor to carry out any processing of Personal Data provided that such sub-contractor shall meet all obligations of Connect;
- to use Personal Data solely in accordance with the basis for lawful processing which applies to that data;
- take appropriate technical and organisational measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data taking into account the harm that might result from such unauthorised or unlawful processing, loss, destruction or damage and the nature of the Personal Data to be protected;
- taking into account the nature of the data processing activities undertaken provide reasonable assistance and co-operation (including without limitation putting in place appropriate technical and organisations measures) to enable the Client to fulfil its obligations to respond to requests from individuals exercising their rights under the Data Protection Legislation;
- assist the Client in ensuring compliance with its obligations under the Data Protection Legislation; and
- make available to the Client all information necessary to demonstrate compliance by Connect and/or the Client with the Data Protection Legislation and allow for and contribute to audits, including inspections, conducted by or on behalf of the Client or by the Information Commissioners Office pursuant to Article 58(1) of the GDPR.
1.5 Data provided to a third party service provider will be provided under a processor agreement where they will be a sub-Data Processor. They are obliged to comply with the provisions of the Data Protection Legislation in relation to the data they hold in all cases.
1.6 The Personal Data will be as specified in the Schedule below.
SCHEDULE 1
Personal Data Scope (GDPR Article 28)
| Subject matter of processing | The processing required for the provision of nursery support services and additional services to parents |
| Duration of processing | For the term of the agreement with the Client |
| Nature of processing | Processing is carried out to store data and use it for the purposes specified in the use of the software supplied by Connect |
| Purpose of processing | The administration of the Client’s nursery business |
| Type of personal Data | ❖ Child Data
➢ Name ➢ Address ➢ Medical Details ➢ Ethnicity/Religion ➢ Gender ➢ Special Education Needs ➢ Digital media (Images/Video) featuring the child individually or as part of a group ➢ References to the child in Comments on observations, assessments, or event notes ❖ Contact Details of Parents/Guardians/Doctors ➢ Name ➢ Address ➢ Contact Details ❖ Staff Details ➢ Name ➢ Address ➢ Contact Details including emergency contact |
| ➢ Salary | |
| Categories of data subjects | Children, parents, guardians and employees of the Client |