Data Subject – The data subject is the person whom the data is about
Data Controller – The person or company who determines the purposes for which and the manner in which any personal data are, or are to be processed.
Data Processor – iCapture who processes the data on behalf of the data controller.
Processing – Means storing, handling, processing of any kind of personal data
Who is this for
Terms we will use
iCapture Limited, also referred to as “We”, “Us”, “The Company” Registered office Bowland House, Philips Road, Whitebirk Industrial Estate, Blackburn, BB1 5HA registration number 10923840, Registered with the ICO number ZA317317.
Organisation whom has registered to use the Capture for Nurseries service referred to as “You”, “your”.
“3rd Party”, we will use the term to refer to any 3rd party that is using the Capture system whom you may wish to send or receive data from. This could be other organisaitons or individuals such as parents.
“Data”, “information”, refers to any information that is stored, processed or shared on the Capture system. Typical but not exclusive examples of data include, observations about your child, including photos and images, Messages, Personal information in profiles such as names, date of birth, Sex.
“Providers” In some instances iCapture will use other providers to supply services on our behalf or on the behalf of other organisations. An example would be that we may use a provider to deliver secure payment solutions, support tools or hosting services.
“System” refers to the Capture data system which includes the Capture for Nurseries portal which can be accessed on the internet, android, iOS and Amazon devices.
“Delete”, “Deleted”, refers to the process of removing data from access and search and therefore removing it from future access.
1 Privacy Statement
The Capture for Nurseries service has been designed to allow nursery and child minders to, record and track the progress of children against curriculum standards, record evidence such as images and video of this progress, share progress with parents or other family members through the Capture for Family portal and communicate with parents using messaging and payments. It may in future also allow organisations to connect and share with other organisations for the purposes of recording and tracking a child’s progress.
2 Ownership and Reproduction of Data
2.1 The information that you enter on the system is your information and you are able to edit and control that data. If you have selected to share that information with another individual or organisation on the system then they will receive a copy of that information. If you change the information on the system that will also update with the organisation or individual on the system.
2.2 All data and information that you create on the system is your responsibility as the data controller. It is therefore your responsibility to ensure that observations made are entered agains the corresponding child.
2.3 When you link an individual (for example a parent) with the data you hold on a child it is your responsibility to take the necessary steps to ensure that they have the rights and authorisation to receive that information and verification is your responsibility.
2.4 A parent or authorised individual may request to see the information that you hold on them or their child. It is your responsibility to produce this information as the data controller. As the data processor we will help you to collect any relevant information under your direction.
2.5 You are able to decide what information an individual or organisaiton can receive from you and what you can receive from them. They will also have the ability to control what information they see and share with you.
2.6 Any information that an organisation or individual shares with you is then owned by you. The organisation or individual will retain copyright on the data that they have shared but you will have permission to use this data for the purposes it was intended e.g. recording learning development. You will require additional permissions to be able to share this data with 3rd parties and wider public (such as social media).
2.7 When you share information with an individual or organisation you are giving them the rights to hold a copy of that information. You retain the copyright of that data and the organisation or individual can only use that information for the specific purposes for which it has been shared. The organisation or individual are unable to use that data for any marketing or promotional purposes and can not share that information with a 3rd party or the wider public (such as social media) without your permission.
3 Protecting Your Data
3.1We take data protection very seriously. Our system has been designed to protect your data and we take a range of precautions to keep that data safe.
3.2 All communication across the internet from you an individual or an organisation is secured using SSL. SSL is a type of encryption that is used by companies such as banks to keep your bank details safe as they are sent across the internet.
3.3 We use servers that are owned and managed by our data storage providers Microsoft(Azure) and Amazon Web Services (AWS). These are based in the UK & Ireland and store all of the personal information that is added to the system. Azure is used to store personal information and the databases while AWS is used to store images and video content. They are both ISO27001 and ISO 9001 certified providers.
3.4 The system uses a variety of security measures to protect the data stored on it. We use a mixture of encryption and permissions to restrict access of the data to only people authorised by You to see.
3.5 The system is managed by Us and our partners. Our support team have access to the information on You and are able to support in resetting account information.
3.6 Our development team are able to access the data you have added or has been shared with you. Access is strictly limited to authorised personnel. Access to your data is granted on a case by case basis to resolve issues arising from customer support requests. When issues need to be investigated further, information is obfuscated and anonymised and copied to a non-production server also hosted on Azure. Once the issue is resolved this data is deleted. Connections between development office and hosting environment are secured using a VPN tunnel or SSH. Connections are monitored.
4 Using your data
4.1 We will never pass your information or data to any 3rd party for any purpose without your authorisation unless legally obliged or it is required to do so for the purpose of delivering the service which we provide.
4.2 You may request a copy of the data we hold on You. This is only data that we as data processors hold.
4.3 Other information we may hold on you as an organisation such as account information and contact details will also be held outside of the Capture for Nurseries system on 3rd party services such as accounting software and customer support software. Our providers are all GDPR compliant and this information is only held for the period you are a customer and/or legally required periods.
4.4 If requested we can also provide the details we hold as Data Controllers on the systems as described in 4.3.
5 Storing your Data
5.1 We provide an unlimited data storage. You can remove data from your system at any time. Deleted data is not recoverable although we may hold copies in our back-up files for a period of time.
5.2 Any data or information that you have shared with another organisation or individual will not be deleted from their accounts as by sharing the information you have given them permission to hold a copy. This enables you to delete a child and the data you hold on them once they have left without the parent losing those precious pieces of their child’s development.
6.1 When permitted by law, the company and its affiliates, officers, agents and employees will not be responsible for loss of profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
6.2 To the extent permitted by law, the total liability of the company and its affiliates, officers, agents and employees for any claims under these terms, including for any implied warranties, is limited to the amount that the customer paid the company to use the service.
6.3 In all cases, the company and its affiliates, officers, agents, and employees will not be liable for any loss or damage that is not reasonably foreseeable.
7.1 This Agreement shall be governed by and construed in accordance with the laws of England and any disputes in relation to this Agreement shall be heard by the English courts.
7.2 If any part of this Agreement is found by a court to be invalid or unenforceable, the enforceable sections of this Agreement will remain binding upon the parties.
8.1 The company reserve the right to make amendments to this agreement. Any amendments will be communicated directly to you via notification within the system and/or by email using the email contact details provided in the system by You.
505 Cotton Exchange
+44 (0) 151 433 2905
© 2018 iCapture Ltd, t/a Capture Education.
Registered in England, Company number: 10923840