Privacy Policy (Apprentice Data)

  1. Privacy Statement (Apprentice Data)
  2. Information we may collect from you
    1. If you are a candidate
    2. If you are an apprentice
  3. Special categories of personal data
  4. Information about criminal convictions
  5. How we use your personal information
    1. If you are a candidate
    2. If you are an apprentice
  6. Keeping Data accurate and up to date
  7. When we may disclose your personal information
  8. How we store and manage your personal information
  9. How long do we keep your personal data?
  10. Your rights in relation to the personal data we hold
  11. Contacting us
  12. Complaints
  13. Changes to the Privacy Policy
  14. Privacy Statement (Apprentice Data)

    We are committed to protecting and respecting your privacy. This privacy statement explains what personal data we collect from applicants for apprenticeship and other training programmes (“Candidates”) and apprentices (“Apprentices”) and how we process it. Depending on the context, any reference to “you” and “your” refers to Candidates and/or Apprentices.

    This privacy statement will be provided to Candidates and Apprentices. It may also be provided to employers of Apprentices (“Employers”) and prospective Employers, the Education and Skills Funding Agency (“ESFA”), the Office for Standards in Education, Children's Services and Skills (“Ofsted”), and any successor body to these organisations.

    We are registered as a data controller with the Information Commissioner’s Office. We also collect and process personal data on behalf of Employers.

    Our nominated data protection officer is Gordon MacLeod.

    Candidates and Apprentices are under no obligation to provide us with personal information. However, we may be unable to assist the Employer with your application and subsequent in-work training if you do not provide us with sufficient information about you.

    Information we may collect from you

    If you are a candidate

    As we do not invite applications from Candidates directly, the initial information about a Candidate will come from the prospective Employer following which we may collect additional personal information from you. The information we receive from the prospective Employer or collect from you may include your title, name, date of birth, gender, how long you have been resident in the EU, ethnicity, learning and/or health problems, whether you have ever been in care, whether you have an education, health and care (also known as EHC) plan, qualifications, apprenticeship aims, functional skills and your prospective Employer’s details. We will also obtain your unique learner ID number for funding, either from you or, if you do not have it, from the UK Government Gateway.

    We will also ask for your preferences for further communications (about courses or learning opportunities, surveys and research) and your preferred methods of contact (post, telephone, email, SMS).

    We will also seek your consent for the use of images and video and sound recordings containing your personal data.

    If you are an apprentice

    If you commence a training programme we work with we may also collect additional personal information about you, either directly from you or via your Employer, including the details of the address at which you work, your manager and workplace mentor, details of your placement, your employer record number (also known as ERN) and other learner information such as the details set out in the commitment statement which is provided to you at the start of your training, your individual learning plan (also known as ILP), progress reports and college reports.

    Special categories of personal data

    Except as mentioned above, it is not our policy to seek special category personal data (previously known as “sensitive personal data”), for example information about racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, data concerning your physical or mental health, sex life or sexual orientation, information. We shall only collect this information from you with your express consent. We therefore suggest that you do not offer this information to us unless we specifically ask you to do so.

    Information about criminal convictions

    If you provide us with information about any criminal convictions we shall use it only in accordance with the laws governing the use of such information.

    How we use your personal information

    We will use the personal information we have collected to facilitate the recruitment and training services we provide.

    If you are a candidate

    If you are a Candidate we may use your personal information for the following purposes and on the basis that we have a legitimate interest in doing so, i.e. in order to provide recruitment services to your prospective Employer (or, in the case of any special category personal data, you have consented to us doing so:

    • Progressing your application, including verifying your eligibility for funding. This includes carrying out background checks and making checks to ensure that your attainment meets the minimum standards for the particular training programme you want to enrol on. We do this using the UK Government Gateway and through the evidence of your qualifications which you provide to us.
    • Shortlisting and selecting you to be put forward for a particular opportunity.
    • Co-ordinating interview arrangements and job offers.
    • Obtaining references from your named referees

    We may also use such information for internal administration and reporting on the basis that this is compatible with these primary purposes.

    If you have consented to us communicating with you (about courses or learning opportunities, surveys and research) and/or using of images and video and sound recordings containing your personal data, we will use your information for those purposes. You may withdraw your consent to such use of your information at any time by emailing us at privacy@firebrand.training

    If you are an apprentice

    If you are an Apprentice we may use your personal information to provide our services to your Employer (namely managing, administering and assessing your training and dealing with its funding) and to support you through your learning journey. This will include sharing your personal information with your mentor and Ofsted, so that Ofsted can review your prior attainment and the progress you make through your learning journey against its framework standards. We do so on the basis of our contractual obligations to your Employer and our legal obligations to the ESFA and Ofsted.

    We may also use such information for internal administration and reporting on the basis that this is compatible with those primary purposes.

    Keeping data accurate and up to date

    Whilst we will try to ensure that your personal information is maintained and up to date, please inform us if you become aware of any inaccuracies.

    When we may disclose your personal information

    The personal information you provide us will be passed to the Department of Education (“DfE”) and the ESFA, both of which are based in the United Kingdom. The information is used by the DfE to exercise its functions and to meet its statutory responsibilities, including under the Apprenticeships, Skills, Children and Learning Act 2009 and to create and maintain a unique learner number (ULN) and a personal learning record (also known as PLR). Your information will be securely destroyed after it is no longer required for these purposes.

    Your information may be shared by the DfE with third parties for education, training, employment and well-being related purposes, including for research. This will only take place where the law allows it and the sharing is in compliance with data protection legislation. We may share your information with such third parties but only if have a legal obligation to do so (e.g. where instructed by the DfE).

    The European Social Fund English Managing Authority (the Department for Work and Pensions (also known as DWP)), or agents acting on its behalf, may contact you in order for them to carry out research and evaluation to inform the effectiveness of training that you receive through your apprenticeship.

    Further information about how the DfE and other government organisations use and access your personal data, please visit: https://www.gov.uk/government/publications/sfa-privacy-notice.

    We may also disclose your personal information in the following circumstances and on the basis that we have a legal obligation or a legitimate interest to do so:

    • If we are under a duty to disclose or share it in order to comply with any legal obligation (for example with funding authorities, our auditors, our insurers and HMRC).
    • We may release your personal information to any member of our group.
    • If we sell or buy any business or assets, we may disclose your personal information to the prospective seller or buyer of such business or assets.
    • If we or substantially all of our assets are acquired by a third party, personal information we hold about you will be one of the transferred assets.

    How we store and manage your personal information

    The personal information we hold about you is stored using the following means:

    We will not transfer or store your personal information outside the European Economic Area.

    We would remind you that the transmission of information via the internet is not completely secure and whilst we will do our best to protect your personal information, we cannot guarantee the security of any data which is transmitted to us, whether by email, mobile devices or via our website.

    How long do we keep your personal data?

    We will only keep 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 or reporting requirements.

    To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

    The table below sets out further details:

    Circumstances in which personal data was provided How long do we keep it?
    If you are a Candidate 7 years
    If you have consented to us communicating with you about courses or learning opportunities, surveys and research Until you withdraw your consent or we deleted the data as part of our periodic data cleanse
    If you have consented to us using of images and video and sound recordings containing your personal data Until you withdraw your consent or we deleted the data as part of our periodic data cleanse
    If you are an Apprentice 7 years

    Your rights in relation to the personal data we hold

    You have the right to:

    • 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 the personal data that we hold about you. 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.
    • 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 (see below), 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 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 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.
    • 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.

    Contacting us

    If you want to request further more detailed information about our privacy policy you can email privacy@firebrand.training

    If you would like to communicate with us about any of the rights mentioned above, or if you have any other queries about the matters mentioned in this privacy policy, please contact us using one of the following options:

    Complaints

    You have the right to complain to the Information Commissioner. You can do this by contacting the Information Commissioner’s Office directly about the way in which we collect and use your personal information. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.

    Changes to this privacy notice

    This policy is effective from 25 May 2018. We may change this privacy policy from time to time by updating this webpage.