Privacy Policy
Introduction
We are committed to ensuring that any personal data wehold about you and your child is protected in accordance with current UK data protection law.
This privacy notice explains what personal data we collect, why we collect it, how we use it and how we protect it. It should be read alongside our Parent Terms and Conditions, which refer to this notice.
Fennies Day Nurseries Limited is the data controller for the personal data described in this notice. We are registered with the Information Commissioner’s Office (ICO) under data protection law.
Contact: enquiries@fennies.com
What personal data do we collect?
We collect personal data about you and your child for the purposes of providing care and learning that is tailored to meet your child’s individual needs, supporting the health, safety and wellbeing of children and staff, promoting the nursery (only with your consent where this involves images of your child), verifying your eligibility for funded childcare as applicable,and enforcing our terms and conditions.
Personal details that we collect about your child and family include:
• your child’s full name, date of birth, address, health and medical needs (including allergies and dietary requirements), development needs, and any special educational needs or disability
• where applicable, child protection plans from social care and health care plans from health professionals
• name, address and phone numbers of every parent and/or carer who is known to us
• information about who has parental responsibility for your child and any court orders relating to your child, and whether your child has a social worker
• which parent(s) and/or carer(s) the child normally lives with
• emergency contact details, including details of at least two people you authorise to collect your child
• photographs and video recordings of your child (see “Photographs and videos of your child” below)
• payment details and, where we reasonably request it, evidence of the identity of a person paying fees or of the source of funds used to pay fees
• any other details about the family that are relevant and necessary to provide care and education
If you apply for government-funded childcare, we will also collect:
• your national insurance number or unique taxpayer reference (UTR), if you’re self-employed, and your eligibility code. We may also collect information regarding benefits and family credits that you are in receipt of.
Why we process your personal data andthe legal basis for handling your data
We process personal data in accordance with applicabledata protection laws. Depending on the nature of the information and the purpose for which it is used, we rely on one or more of the following legalbases:
• Performance of acontract – where processing is necessaryto fulfil our contractual obligations to you, such as providing childcare and early education services.
• Legitimateinterests – where processing isnecessary for our legitimate interests in operating and improving our nurseryand keeping children safe, provided these are not overridden by your rights and freedoms.
• Public task – where processing is necessary for us to carry outtasks in the public interest, including supporting children’s learning and development in line with statutory frameworks.
• Legal obligation – where we are required to process data to comply withthe law, including safeguarding, health and safety, and regulatory requirements such as the Early Years Foundation Stage (EYFS) statutory framework.
• Vital interests – where processing is necessary to protect someone’slife, for example in a medical emergency.
• Consent – where you have given clear permission for us to process your personal data for a specific purpose, such as using photographs or videos of your child in our promotional materials, or receiving direct marketing communications. You can withdraw your consent at any time.
• Recognisedlegitimate interests – where processing is necessary in special, high-priority circumstances in the public interest, such as national security, detecting crime, safeguarding vulnerable individuals, or emergency response.
Some of the information we hold, such as information about your child’s health, allergies, medical needs orspecial educational needs, is “special category” data. We only process special category data where an additional condition under data protection law applies, for example where it is necessary to meet our legal obligations, for reasons of substantial public interest (including safeguarding children), or to protect your child’s vital interests.
We ensure that all processing is lawful, fair and transparent, and only carried out for specific, explicit purposes. This includes using your data to:
• contact you in case of an emergency
• support your child’s safety, wellbeing and development
• manage any special educational, health or medical needs of your child, including allergies and dietary requirements, whilst at the setting
• protect children and meet safeguarding requirements
• carry out regular assessment of your child’s progress and identify any areas of concern
• maintain contact with you about your contract and your child’s progress, and respond to anyquestions you may have
• process your claim for government-funded childcare (only where applicable)
• keep you updated with information about the service
We take and use photographs and videos of children for several different purposes, and the legal basis dependson the purpose. This is explained in the section “Photographs and videos ofyour child” below.
CCTV operates within nursery rooms and communal areas forsecurity, safeguarding, incident review, and staff training and reflective practice. Please see the CCTV section below and our CCTV Policy for furtherinformation.
We have a legal obligation to process safeguarding information where there are concerns about your child’s welfare. This may include sharing relevant information with external agencies where required, andthis may be done without your consent and/or without informing you where appropriate. We are also required to transfer certain records and informationto your child’s future school.
Photographs and videos of your child
Our Parent Terms and Conditions explain that we may obtain and use photographs and images (including video recordings) of your child. This section explains the different purposes for which we do so, the legal basis we rely on for each, and the choices available to you.
1. Safety, safeguarding and care – part of our safetyarrangements
We take and use photographs of children where this is necessary to keep them safe and meet their individual needs. For example:
• a photograph of your child kept with their allergy, dietary or medical information (for example inthe nursery kitchen and in your child’s room), so that every member of staff,including relief and agency staff, can quickly and reliably identify children with specific needs
• a photograph held on your child’s care record on Famly so that staff can identify your child, for example during an emergency, an evacuation or if a child cannot be accounted for
• photographs or images used in internal documents and care records relating to your child’s safety, security or care
This processing is part of the nursery’s safeguarding and safety arrangements. It is therefore not optional, and we do not rely on your consent for it. Instead, we rely on our legalobligations under the EYFS safeguarding and welfare requirements and our legitimate interests in keeping children safe. Where a photograph is linked to information about your child’s health (such as an allergy or medical need), we also rely on the substantial public interest in safeguarding children and, in an emergency, on your child’s vital interests.
We only take and use these photographs where it is necessary and proportionate to do so. We keep them to what is needed for the purpose, make them available only to the staff who need them, keep them up to date, and remove or delete them when they are no longer needed, for example when your child leaves the nursery.
In certain circumstances you may have the right to object to this processing. If you do, please speak to your Nursery Manager. We will consider your objection carefully and discuss it with you; however, because these photographs help to keep your child safe, we may have compelling reasons to continue using them for your child’s safety or welfare. If so, we will explain our decision to you.
2. Your child’s learning and development record
We take photographs and videos of your child’s activities to record their learning and development in their individual learning journey on the Famly app. Observing and assessing children’s progress is a core part of the early education we provide under the EYFS, so we do this as part of providing our services to you and in our legitimate interests in delivering high-quality early education.
Because children play and explore in close proximity to their friends, photographs may include other children, and your child may appear in photographs in other children’s learning journeys. To protect all children, parents must not share photographs or videos from the Famly app on social media or any other online platform, and must keep their Famly login details confidential.
Photographson display boards within the nursery
We also display photographs of children on boards and in displays within the nursery. These might show children's learning, their activities, their key person group or their room. They are part of how we deliver and share children's learning and development, and part of the everyday life of the nursery, so this use is not optional and is separate from promotional use. We rely on our legitimate interests in providing high-quality early education.
Displays are only inside the nursery. Parents, staff and authorised visitors to the nursery may seethem, but they are not used outside the nursery or for promotional purposes. If you have a particular concern, such as a safeguarding or family circumstance that means your child's image should not be displayed, please speak to your Nursery Manager. We will consider your concern carefully and discuss it with you.
3. Promotional use – only with your consent
We will only use photographs or videos of your child to promote the nursery if you have given your express consent. We ask for this consent separately through the Famly app.
If you give consent for promotional use, it covers all of the following:
- our website
- our social media accounts
- printed materials, such as our prospectus, brochures, leaflets and posters
- press and media, such as local newspapers and online news coverage
Giving consent is entirely your choice. If you refuse, it will not affect your child's place at the nursery or the care and education they receive. If consent has not been given, we will not use images of your child for promotional purposes.
Withdrawing consent for promotional use
You can withdraw your consent at any time by contacting your Nursery Manager in writing. Withdrawing consent applies to future use of images: it does not affect the lawfulness of any use made before you withdrew it.
When you withdraw consent:
• we will not use images of your child in any new promotional materials
• where it is easy to remove an image, for example from our website or our own social media accounts, we will remove it
• it will not bepossible to recall printed materials (such as prospectuses or leaflets) that have already been circulated, although we will not reprint or further distribute materials containing your child’s image
• we cannot control images once they have been published by a press or media organisation, or copies that other people may have made of social media posts before the image was removed
Please bear this in mind whendeciding whether to give consent, particularly for printed materials and pressand media use.
Who we share your data with
In order for us to deliver childcare services we will share your data as required with relevant recipients. These may include, but are not limited to, the following categories:
• Ofsted – for example, during an inspection or following a complaint
• banking and payment services to process card and/or direct debit payments
• the Local Authorityor other government departments
• emergency services
• other family members
• the government’s eligibility checker
• our internal and external specialists where necessary, e.g. insurance, IT, legal and HR teams
• the school/setting that your child will be transferring to
In order to deliver our services, we also use trusted third-party service providers (data processors), such as systems for managing communications, learning journeys and payments, and securely storing information, e.g. Famly, HubSpot and Microsoft SharePoint. These providers process personal data on our behalf in line with dataprotection requirements.
Where you have consented to promotional use, images of your child will be published on the channels you have chosen and may be seen by members of the public.
Overseas transfers of personal data
Some of our third-party service providers may transfer or access personal data outside of the United Kingdom. Where this occurs, we ensure that appropriate safeguards are in place to protect your personal data, such as the use of adequacy regulations or standard contractual clauses approved under data protection law. We only work with providers who candemonstrate that they process personal data securely and in line with applicable data protection requirements.
We will share your data:
• if we are legally required to do so
• to enforce or apply the terms and conditions of your contract with us
• to protect your child and other children; for example, by sharing information with social care or the police
• if it is necessary to protect our and others’ rights, property or safety
• if we transfer the management of the setting, in which case we may disclose your personal data tothe prospective buyer so they may continue the service in the same way
How long do we retain your data?
Fennies is required to retain records relating to individual children for a reasonable period of time after they have left the provision. Further details can be found in our Records Access, Storage and Retention Policy.
Photographs used for safety and identification purposes are kept up to date and deleted when they are no longer needed, for example when your child leaves the nursery. Promotional images are only used while your consent remains in place, subject to the points above about materials already published or circulated.
CCTV data
At Fennies Day Nurseries Limited we use Closed Circuit Television (CCTV) systems within nursery rooms and communal areas of our premises to help maintain a safe and secure environment for children, staff,visitors and property. CCTV is not installed in toilets, changing areas or other private care spaces. This section explains how we collect, use and s personal data through our CCTV systems.
Purpose of CCTV use
We use CCTV to:
• promote the safety and welfare of children, staff and visitors
• prevent and investigate incidents, including criminal activity or safeguarding concerns
• protect our property and assets
• support staff training, reflective practice, learning and development
• support the management of our nursery setting
Data collected: Our CCTV captures visual images of adults and children in and around our premises. These images may directly or indirectly identify individuals, including children, staff and visitors.
Legal basis for processing: We process CCTV data based on our legitimate interests in keeping the nursery environment safe, protecting individuals and property, and complying with legal obligations relating to security and safeguarding. We have conducted a Data Protection Impact Assessment (DPIA) for our CCTV system to thoroughly assess and mitigate any potential privacy risks. This assessment helps ensure that our use of CCTV complies with data protection laws and upholds the privacy rights of all individuals captured by our system.
Storage and retention: To safeguard the footage captured by our CCTV systems, we have implemented robust security measures. These include using encryption to protect data during transmission and at rest, as well as strict access controls to ensure that onlyauthorised personnel can view or handle the footage. Footage is retained for upto 31 days unless required for an investigation or legal purpose, after which it is securely deleted.
Disclosure: Parents can request to view CCTV footage of their child by submitting a written request to safeguarding@fennies.com. Requests will be reviewed by a senior panel. Where third parties are identifiable in the footage, we will not share footage. Note; identification is not limited to a person's face. Individuals may remain identifiable from their location, movements, interactions, clothing, context and information already known to the person viewing the footage. Wheredisclosure would breach safeguarding or data protection obligations, therequest may be refused.
As a general principle, CCTV footage will not be shared or distributed. In circumstances where access is permitted, this will usuallybe provided through supervised viewing on nursery premises with an authorised member of staff present. Recording, copying or photographing the footage during viewing is strictly prohibited.
We may share CCTV footage where required by law or forspecific legitimate purposes, such as with:
• law enforcement agencies
• regulatory authorities (e.g. Ofsted, local authority safeguarding teams)
• insurance providersor legal representatives in relation to legal claims
Footage is not shared with third parties for marketing purposes.
Signage and transparency: To ensure transparency and comply with data protection laws, we have placed clear and visible signs around our premises to informindividuals that CCTV is in operation.
Your rights: Individuals captured by CCTV have the rights described in this privacy notice, subject to applicable legal limitations. For queries or to exercise your rights, please contact safeguarding@fennies.com. Further information is available in our CCTV Policy, which is available on request.
Automated decision-making
We do not make any decisions about your child based solely on automated decision-making.
Your rights with respect to your data
You have the right to:
• request access to your/your child’s personal data, and ask us to amend or correct it
• request that we delete or stop processing your/your child’s personal data, for example where the data is no longer necessary for the purposes of processing
• request that we transfer your and/or your child’s personal data to another person
• restrict how personal data is used
• object to process ingthat we carry out on the basis of our legitimate interests or a public task. Where you object, we will stop unless we have compelling legitimate grounds to continue, for example for your child’s safety or welfare (see “Photographs andvideos of your child” above)
• with draw yourconsent at any time, where we rely on consent (for example, for promotional use of images)
Some of these rights may not apply in all cases. If you wish to exercise any of these rights at any time, or if you have any questions, comments or concerns about this privacy notice or how we handle your data, please contact the Nursery Manager.
If you have concerns about the way your data is handled you have the right to complain to the Information Commissioner’s Office (ICO). We ask that you contact the nursery in the first instance to give us theopportunity to resolve any concerns before the matter is escalated.
Changes to this notice
We keep this notice under regular review and will update it in line with any changes to law or our processing activities. The current version is published on our website and is always available on request from your Nursery Manager.
This notice was adopted on: August 2022 (original) / September 2025 (revised)
Date of latest review: October 2026