Legal

This privacy policy sets out how Get Further uses and protects any information that you provide us with when completing an application form to become a tutor or volunteer, as well as any further information we record relating to your active tutoring or volunteering with us.

Get Further is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified, then you can be assured that it will only be used in accordance with this privacy policy.

Get Further may change this policy from time to time. The current version of this policy is effective from 23rd September 2019.

 

How to get in contact

To contact us in relation to any of the information contained in this policy notice, or to pursue any of your rights under the General Data Protection Regulation (further information below), please email our CEO at: sarah.waite@getfurther.org.uk.

 

What information we record and use

We record and use the following information only if and when you apply to tutor or volunteer with us:

  • name and occupation;

  • contact information including mobile number, email address and postal address;

  • demographic information such as gender, date of birth, academic qualifications, experience, availability and tutoring or volunteering preferences;

  • indication of any convictions, cautions, reprimands or final warnings that are not “protected” as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013);

  • other information directly relevant to tutor or volunteer applications.

If you are successful in applying to tutor or volunteer with us, we may record and use the following further information:

  • your DBS status inc. issue date and certificate number and a copy of your certificate where relevant (see section on ‘How we process and use DBS checks);

  • your tutoring or volunteering history with us, and notes on your engagement and attendance at tutoring sessions;

  • content of any feedback surveys, case studies or quotes you voluntarily provide;

  • students you have worked with and academic topics covered in your sessions.

 

Why we record and use this information

Get Further considers the information we record and use to fall within the reasonable expectations and legitimate interests of individuals who voluntarily complete our application and go on to tutor or volunteer with us. Information recorded if and when you apply to tutor or volunteer with us is primarily used to assess your suitability as a tutor / volunteer, and for the following reasons:

  • to assess your suitability to tutor / volunteer with the young people we specifically support;

  • to ensure we are engaging and recruiting a diverse range of tutors / volunteers;

  • to tailor our tutoring / volunteering opportunities to your preferences and availability;

  • to gather your contact information, so we can advertise location-specific tutor / volunteer opportunities and logistical information to you during your tutor / volunteer activities, as well as additional Get Further-related communications (detailed in following section).

Further information we record or request if you are successful in applying to tutor or volunteer with us may be used in order to:

  • meet our responsibilities in relation to child protection and safeguarding;

  • record your engagement on our tutoring programmes;

  • analyse and improve our programme delivery and impact.

 

How we process and use DBS checks

To meet our responsibilities in relation to child protection and safeguarding, it is necessary for all our tutors and volunteer to complete a full enhanced DBS check, of which Get Further will cover the cost.

You will need to complete an initial online DBS application form, and then show us the necessary identification at your Get Further training session for a member of our team to complete your application. Completing the DBS application will involve providing some of your personal details to uCheck, and allowing Get Further to take temporary copies of your ID documents, such as your passport or driving licence. These copies will be destroyed after your application is complete.

If your DBS certificate is clear, we will share your DBS certificate details with partner colleges in order to meet our safeguarding responsibilities. If your DBS certificate has a caution or conviction, we will request further details from you in order to complete a risk assessment, which we will then ask you to approve as consent for us to share this information and a copy of your certificate with our partner colleges.

Please note that once you have given permission for us to share details of a DBS certificate to a partner college, we cannot guarantee a college’s policy to securely store the information, or only retain the details for a limited time.

 

How we communicate with you using this information

Get Further may contact you via email, phone or text.

Aside from advertising location-specific tutor / volunteer opportunities and communicating logistical information to you during your tutor / volunteer activities (‘core communications’), Get Further may periodically contact you via email with ‘additional communications’ if you consent to receiving these. These could include:

  • newsletters, job vacancy and education policy updates;

  • information about events relevant to your tutoring or volunteering, such as optional Get Further focus groups, tutor socials or national volunteering events;

  • other ways to support us including optional donations, fundraising participation events, becoming an ambassador for Get Further, developing a quote or case study on your tutoring or volunteering, engaging in fundraising activities or social media;

  • invitations to complete optional marketing surveys or undertake word-of-mouth promotion of Get Further to friends or colleagues.

Our emails include clear and easy opportunities to opt-out of these additional communications. However, if you no longer wish to receive these additional emails, or you would like no further contact from Get Further entirely, including our core communications, you can also contact us at any time via email: hello@getfurther.org.uk and we will remove you from our contact lists within five working days.

 

How we store, maintain and keep this information

We are committed to ensuring that your information is stored securely. In order to prevent unauthorised access or disclosure, we have put in place physical, electronic and managerial procedures to safeguard and secure it, including:

    • the use of a limited access and password protected database;

    • secure and timely destruction of any additional digital or hard-copies of information excluding that which is recorded on our database.

Information is updated on an ongoing basis, as and when it is found to be inaccurate or when updated information is provided to us by individuals, without delay.

Information recorded at the tutor / volunteer application stage and during any tutoring or voluntary activities with Get Further may be retained on a long-term basis in order to:

    • meet our responsibilities in relation to child protection and safeguarding;

    • maintain a record of unsuccessful applications;

    • maintain a record of individual requests to restrict further use or ‘processing’ of their personal information, or requests for Get Further to cease contacting them, in order to respect these requests in future;

    • to ensure we don’t accidentally duplicate information;

    • to provide references for tutors / volunteers after they have tutored / volunteered with us.

By default, we will put your information under restricted access after two years of inactivity, and we will cease any further communication with you.

 

If we share this information

Get Further may use your information in an aggregated and anonymised format in order to undertake statistical analysis or share reports with third parties.

We may share some of your personal information with our partner colleges, in order to coordinate tutor- student pairings at your tutoring sessions. If your DBS is clear, we will share your DBS certificate details with partner colleges in order to meet our safeguarding responsibilities. If your DBS is flagged, we will not share any details with our partner colleges without your permission (see section on ‘How we process and use DBS checks’).

We will not sell, distribute or lease your personal information to any other third parties unless we have your permission or are required by law to do so.

 

How to control your information

Get Further is committed to accommodating your rights under the General Data Protection Regulation, which include:

    • Your right to be fully informed on how your information is processed by Get Further. If you have any questions about the guidance provided in this policy notice, or would like further detail on specific sections, then please address your query to the contact details provided below.

    • Your right to access the personal information Get Further has recorded about you. If you require a copy of the personal data Get Further has recorded about you, please make this request using the contact details provided in this notice and the information will be provided you in an electronic format as soon as possible, within one month at the latest. We will need to confirm your identity to provide this information.

    • Your right to rectify the personal information Get Further has recorded about you if it is inaccurate or incomplete. If you believe that any of the information we are holding is inaccurate or incomplete, please contact us as soon as possible using the contact details provided below. We will promptly correct any information found to be incorrect.

    • Your right to erase the personal information Get Further has recorded about you. You may request the deletion or removal of the personal data Get Further has recorded about you where there is no compelling reason for it to be kept. We may need to retain some specific information recorded at the tutor / volunteer application stage and during any tutoring / voluntary activities with Get Further – for examples, see section: ‘How we store, maintain and keep this information’.

    • Your right to restrict or object to the further use or ‘processing’ of your personal information by Get
      Further. Please use the contact details provided to inform of us of any wish to restrict or object to the further use of your personal information. Note that we may need to retain some specific identifying information in order to respect your restriction or objection in future.

To contact us in relation to any of the information contained in this policy notice, to make a complaint, or to pursue any of your rights under the General Data Protection Regulation, please email our CEO at sarah.waite@getfurther.org.uk.

Or write to us at: Get Further c/o Teach First, 6 Mitre Passage, London, SE10 0ER

Get Further may change this policy from time to time. The current version of this policy is effective from 1st April 2019.

1. Protecting Data

1.1.  Everyone has rights with regard to the way their personal information is handled. During the course of our activities Get Further collects, stores and processes personal information and we recognise the need to treat it in an appropriate and lawful manner.

1.2.  The types of information that we may be required to handle include details of current, past and prospective staff, trustees, beneficiaries, partners, donors and others that we communicate with. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the General Data Protection Regulation 2018 (the GDPR) and other regulations. The GDPR imposes restrictions on how we may use that information.

2. Definition of Data Protection terms

2.1.  Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.

2.2.  Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal data.

2.3.  Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (such as a name, address or date of birth) or it can be an opinion in relation to someone (such as a performance appraisal).

2.4.  Data controllers are the organisations which determine the purposes for which, and the manner in which, any personal data is processed. They have a responsibility to establish practices and policies in line with the GDPR. We are the data controller of all personal data used in our organisation.

2.5.  Data users include employees whose work involves using personal data. Data users have a duty to protect the information they handle by following our data protection and security policies at all times.

2.6.  Data processors include any organisation which processes personal data on behalf of a data controller. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on our behalf.

2.7.  Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.

2.8.  Sensitive personal data means information about a person’s racial or ethnic origin; political opinions, religious or similar beliefs; trade union membership; physical or mental health or condition; sexual life; or criminal record. Sensitive personal data can only be processed under strict conditions, and will usually require the express consent of the person concerned.

3. Data Protection Principles

3.1. Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be:

a) Processed lawfully, fairly and in a transparent manner in relation to individuals.
b) Processed for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
c) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
d) Accurate, kept up to date and if found to be inaccurate, erased or rectified without delay.
e) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
f) Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

4. Fair and Lawful Processing

4.1.  The GDPR is not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject. The data subject must be told who the data controller is (in this case, Get Further), the purposes for which the data is to be processed by us, and the identities of anyone to whom the data may be disclosed or transferred.

4.2.  For personal data to be processed lawfully, certain conditions have to be met. These may include, among other things, requirements that the data subject has provided written (informed) consent to the processing, or that the processing is necessary for performance of the contract, to satisfy legal obligations, or it is in the legitimate interests of Get Further or the party to whom the data is disclosed. When sensitive personal data is being processed, more than one condition must be met. In most cases the data subject’s informed consent to the processing of such data will be required.

5. Processing for Limited Purposes

5.1. Personal data may only be processed for the specific purposes notified to the data subject when the data was first collected or for any other purposes specifically permitted by the GDPR. This means that personal data must not be collected for one purpose and then used for another. If it becomes necessary to change the purpose for which the data is processed, the data subject must be informed of the new purpose before any processing occurs.

6. Adequate, Relevant and Non-excessive Processing

6.1. Personal data should only be collected to the extent that it is required for the specific purpose notified to the data subject. Any data which is not necessary for that purpose should not be collected in the first place.

7. Accurate Data

7.1. Personal data must be accurate and kept up to date. Information which is incorrect or misleading is not accurate and steps should therefore be taken to check the accuracy of any personal data at the point of collection and at regular intervals afterwards. Inaccurate or out-of-date data should be destroyed.

8. Timely Processing

8.1. Personal data should not be kept longer than is necessary for the purpose. This means that data should be destroyed or erased from our systems when it is no longer required. For guidance on how long certain data should be kept before being destroyed, contact the CEO or see the Data Retention Policy.

9. Processing in Line with Data Subject’s Rights

9.1. Data must be processed in line with data subjects’ rights. Data subjects have a right to:

a)  Be informed about how their data is being used.

b)  Request access to their data.

c)  Ask to have inaccurate data amended.

d)  Ask to have data deleted.

e)  Transfer any data held for their own purposes

f)  Object to the inclusion of any information processed for the data controller’s legitimate interests.

g)  Regulate any automated decision-making and profiling of their personal data.

10. Data Security

10.1. We must ensure that appropriate technical and organisational security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data. Data subjects may apply to the courts for compensation if they have suffered damage from such a loss.

10.2. The GDPR requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data may only be transferred to a third-party data processor if that third party has adequate safeguards in place which have been read and agreed to by Get Further staff.

10.3. Maintaining data security means guaranteeing the confidentiality, integrity and availability of the personal data, defined as follows:

a) “Confidentiality” means that only people who are authorised to use the data can access it. “Integrity” means that personal data should be accurate and suitable for the purpose for which it is processed.

b) “Integrity” means that personal data should be accurate and suitable for the purpose for which it is processed.

c) “Availability” means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on our central computer system instead of individual PCs.

10.4. Security procedures include:

a) “Entry controls”. Any stranger seen in entry-controlled areas should be reported.

b) “Secure lockable desks and cupboards”. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)

c) “Methods of disposal”. Paper documents should be securely shredded. Floppy disks and CD-ROMs should be physically destroyed when they are no longer required.

d)  “Equipment”. Data users should ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.

e)  “Encryption”. Any personal data held on portable computer devices such as laptops or USB/memory data storage devices may only be removed from Get Further’s premises if the information is password-protected and encrypted.

11. Dealing with Subject Access Requests

11.1. If we receive a request from a data subject for information that we hold about them, we should ask them to set it out in writing and to provide evidence of their identity (e.g. a photocopy of their passport).

11.2. A copy of the information (excluding information relating to third parties) must be provided to the data subject within 14 days. Any member of staff who receives a written request should forward it to the CEO immediately.

12. Providing Information over the Telephone

12.1. Any member of staff dealing with telephone enquiries should be careful about disclosing any personal information held by us. In particular they should:

a)  check the caller’s identity to make sure that information is only given to a person who is entitled to it;

b)  suggest that the caller put their request in writing if they are not sure about the caller’s identity and where their identity cannot be checked;

c)  refer to the CEO for assistance in difficult situations. No-one should be bullied into disclosing personal information.

d)  never give out personal information without informed consent from the data subject.

13. Transferring Data Overseas

13.1. The GDPR imposes restrictions on the transfer of personal data outside the European Union in order to ensure an adequate level of protection of data subjects. Data may only be transferred where the organisation receiving the personal data has provided adequate safeguards.

14. Monitoring and Review of the Policy

14.1. This policy is reviewed annually by our Advisory Board. We will continue to review the effectiveness of this policy.

1. Interpretation

1.1 Definitions:

Terms and Conditions

  • Get Further IPRs: all Intellectual Property Rights necessary or desirable to enable a College to receive and use the Services.
  • Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
  • Charges: the charges payable by the College for the supply of the Services by Get Further, as set out in the Specification.
  • Conditions: these terms and conditions set out in clause 1 to clause 9 (inclusive).o Contract: the contract between the College and Get Further for the supply of the

Services on the terms specified in the Specification and these Conditions.

  • Intellectual Property Rights: all patents, right to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress and get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade-secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
  • Mandatory Policies: the business policies and codes of the College, as amended by notification to Get Further from time to time. The college will notify Get Further as soon as reasonably possible if these are amended.
  • Volunteer Tutors: the tutors who deliver the Get Further programme as set out in the Specification.
  • College Materials: all materials, equipment and tools, drawing, specifications and data supplied by the College to Get Further.
  • Service Period: the period of time in which Get Further is to provide the Services to the College, as set out in the Specification.
  • Services: the services to be provided by Get Further pursuant to the Contract, as described in the Specification.
  • Specification: the document detailing the Services as agreed between Get Further and the College.

1.2 Interpretation:

1.2.1 A reference to a statute or statutory provision is a reference to it as amended or re-enacted.

1.2.2 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.2.3 A reference to writing or written includes e-mail.

2. and term

2.1 The Contract shall commence on the date the Specification is signed and shall continue for the duration of the Service Period, unless terminated earlier in accordance with the terms of the Contract.

3. of services

3.1 Get Further shall supply the Service to the College for the duration of the Service Period in accordance with the Contract.

3.2 In the supplying the Services, Get Further shall:

3.2.1 perform the Services with reasonable care and skill;

3.2.2 use reasonable endeavours to perform the Services in accordance with the service description set out in the Specification;

3.2.3 ensure that all goods, materials, standards and techniques used in providing the Services are of satisfactory quality and are fit for purpose; and

3.2.4 comply with:

3.2.4.1 all applicable laws, statutes, regulations and codes from time to time in force; and

3.2.4.2 the Mandatory Policies provided that Get Further shall not be liable under this agreement if, as a result of such compliance, it is in breach of any of its obligations under this agreement.

4. Obligations

4.1 The College shall:

4.1.1 comply with its obligations as set out in the Specification;

4.1.2 co-operate with Get Further in all matters relating to the Specification;

4.1.3 provide, for Get Further, its employees and volunteer tutors, in a timely manner and at no charge, access to the College’s premises, data and other facilities as required by Get Further; and

4.1.4 provide, in a timely manner, such information as Get Further may require, and ensure that it is accurate in all material respects.

4.2 If Get Further’s performance of its obligations under this agreement is prevented or delayed by any act or omission of the College, its agents, subcontractors, consultants or employees, Get Further shall:

4.2.1 not be liable for any costs, charges or losses, sustained or incurred by the College that arise directly or indirectly from such prevention or delay;

4.2.2 be entitled to payment of the Charges despite any such prevention or delay; and

4.2.3 be entitled to recover any additional costs, charges or losses Get Further sustains or incurs that arise directly or indirectly from such prevention or delay.

5. Intellectual property

5.1 Get Further and its licensors shall retain ownership of all Get Further IPRs. The College and its licensors shall retain ownership of all Intellectual Property Rights in the College Materials.

5.2 Get Further grants the College, or shall procure the direct grant to the College of, a fully paid-up, worldwide, non-exclusive, royalty-free, licence to copy Get Further IPRs for the purpose of receiving and using the Services in the College’s business during the term of the Contract.

5.3 The College grants Get Further a fully paid-up, worldwide, non-exclusive, royalty-free, non- transferable licence to copy and modify the College Materials for the terms of this Contract for the purpose of providing the Services to the College in accordance with the Contract.

6. Charges and payments

6.1 In consideration for the provision of the Services, the College shall pay Get Further the Charges in accordance with this clause 6 and the Specification.

6.2 Get Further shall submit invoices for the Charges (plus VAT, if applicable) to the College at the intervals specified in the Specification.

6.3 The College shall pay each invoice due and submitted to it by Get Further, within 14 days of receipt, to a bank account nominated in writing by Get Further.

6.4 If the College fails to make any payment due to Get Further under this Contract by the due date for payment then, without limiting Get Further’s remedies under clause 8, Get Further may suspend all Services until payment has been made in full.

6.5 All amounts under this agreement shall be paid by the College to Get Further in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7. Limitation of liability

7.1 Nothing in this Contract shall limit or exclude Get Further’s liability for any liability which cannot be limited or excluded by applicable law.

7.2 Subject to clause 7.1, Get Further shall not be liable to the College, whether in contract, tort (through negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:

7.2.1 loss of profits;
7.2.2 loss of sales or business;
7.2.3 loss of agreements or contracts;
7.2.4 loss of anticipated savings;
7.2.5  loss of use or corruption of software, data or information;
7.2.6  loss of or damage to goodwill; and
7.2.7  any indirect or consequential loss.

7.3 Subject to clause 7.1, Get Further’s total liability to the College, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Contract shall be limited to the total amount of the Charges.

8. Termination

8.1 Without affecting any other right or remedy available to it, either party to this Contract may terminate it with immediate effect by giving written notice to the other party if:

8.1.1 the other party commits a material breach of any term of this Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 21 days after being notified in writing to do so;

8.1.2 the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

8.1.3 the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

8.1.4 the other party’s financial position deteriorates to such an extent that in theterminating party’s opinion the other party’s capability to adequately fulfil itsobligations under this Contract has been placed in jeopardy.

8.2 Without affecting any other right or remedy available to it, Get Further may terminate the Contract with immediate effect by giving written notice to the College if the College fails to pay any amount due under this Contract on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment.

8.3 On termination of this Contract for whatever reason:

8.3.1 the College shall immediately pay to Get Further all of Get Further’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Get Further may submit an invoice, which shall be payable immediately on receipt;

8.3.2 termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract which existed at or before the date of termination; and

8.3.3 any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

9. General

9.1 Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

9.2 Assignment and other dealings

9.2.1 The College shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Contract without Get Further’s prior written consent.

9.2.2 Get Further may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under this Contract.

9.3 Confidentiality

9.3.1 Each party undertakes that it shall not at any time during this Contract, and for a period of five years after termination of this Contract, disclose to any person any confidential information concerning the business affairs, customers, clients or suppliers of the other party, except as permitted by clause 9.3.2.

9.3.2 Each party may disclose the other party’s confidential information:

9.3.2.1 to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’sobligations under this Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses theother party’s confidential information comply with this clause 9.3; and

9.3.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

9.3.3 No party shall use any other party’s confidential information for any purpose other thanto perform its obligations under this Contract.

9.4 Entire agreement. This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

9.5 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

9.6 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy or prevent or restrict the further exercise of that or any other right or remedy.

9.7 Severance. If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part- provision under this clause shall not affect the validity and enforceability of the rest of this Contract.

9.8 Notices

9.8.1 Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, or e-mail.

9.8.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 9.8.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second Business Day after posting; or, if sent by email, one Business Day after transmission.

9.8.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

9.9 Third party rights. No one other than a party to this agreement shall have any right to enforce any of its terms.

9.10 No partnership or agency

9.10.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership of joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

9.10.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.

9.11 Counterparts. This Contract may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

9.12 Governing law. This Contract, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law.

9.13 Jurisdiction. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract (including non-contractual disputes or claims).

For the purposes of this policy a young person is defined as any person under the age of 18.

All children have an absolute right to a childhood free from abuse, neglect or exploitation. Get Further believes that in all matters concerning child protection and safeguarding, the welfare and protection of the young people1 we work with is of paramount consideration.All adults involved in Get Further’s activities and who come into contact with children have a duty of care to safeguard and promote their welfare. This policy and the procedures contain within it exist not to discourage adults from being involved in the work of Get Further, but to ensure, as far as possible, that people who may abuse children do not get the opportunity to do so.

  • There is a duty placed upon us to ensure that all adults who work with or on behalf of our young people are competent, confident and safe to do so.
  • Adults working or volunteering for Get Further are responsible for their own actions and behaviour and should avoid any conduct which would lead a reasonable person to question their motivation or intention.
  • Everyone involved in Get Further activities must follow Get Further’s Code of Behaviour.

They must also be familiar with the steps to be taken in the event of becoming aware of, suspecting or receiving allegations of abuse.

Designated Safeguarding Officer

Get Further have a Designated Safeguarding Children Officer to:

  • Offer support to all staff and volunteers involved in Get Further’s work.
  • To act as the main point of contact in the event of any allegation or disclosure.
  • To act as the as the main point of contact between Get Further and partner colleges.

If there is an allegation, signs and indicators of abuse are identified or if at any point an adult involved with Get Further’s work fails to comply with any element of the Code of Behaviour this information must be passed immediately to Get Further’s Designated Safeguarding Children Officer. It is the Designated Safeguarding Officer’s responsibility to collect all relevant information and make decisions on how to proceed (this will include contacting the designated safeguarding lead at the relevant partner college/s). You have a duty of care to pass on all relevant information regarding any allegations of abuse, or identified signs and indicators of possible abuse.

Designated Safeguarding Officer:

  • Sarah Waite (sarah.waite@getfurther.org.uk). Phone number: 07796 690 477

In the event of the Designated Safeguarding Officer being unavailable please email:hello@getfurther.org.uk.

Definitions of Abuse

Physical Abuse: physical injury to a child where there is knowledge, or a reasonable suspicion, that their injury was inflicted or knowingly not prevented.

Neglect: the persistent or severe neglect of a child which results in serious impairment of the child’s health or development (both physical and mental).

Emotional Abuse: the persistent or severe emotional ill-treatment of a child which has severe adverse effect on the behaviour and emotional development of that child.

Sexual Abuse: the involvement of dependent, developmentally immature children and adolescents in sexual activities they do not truly comprehend, to which they are unable to give informed consent.

Extremism: A vocal or active opposition to fundamental human values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs.

Grooming: When someone builds an emotional connection with a child or a young person to gain their trust for the purposes of sexual abuse or exploitation.

Self-Abuse: Any means by which a child or young person seeks to harm themselves. This can take lots of physical forms, including cutting, bruising, scratching, hair-pulling, poisoning, overdosing and eating disorders.

Procedures

In all cases related to child protection and safeguarding, the main procedure is to treat the allegation seriously, in strict confidence and immediately contact the Get Further Designated Safeguarding Officer, and/or allocated college child protection and safeguarding lead/s. In the event of Get Further’s Designated Safeguarding Officers being contacted the following protocol will be followed:

  1. The information will immediately be passed on to the college’s child protection and safeguarding lead/s.
  2. The college shall follow the college’s procedure for contacting the local Police Child Protection Unit or the Social Services Department of the relevant Local Authority (the Authorities). Get Further shall support the college with any action that the college deems appropriate and shall undertake reasonable endeavours to provide the college with any assistance or documents.
  1. Get Further shall not, under any circumstances, undertake any independent investigation or questioning (as this may jeopardise any enquiry) unless or until Get Further is given authorisation by the college or the Authorities. Following authorisation, Get Further may independently follow up on the allegation.
  2. All allegations or suspicions shall be referred to the college no matter how insignificant they seem to be or when they occur. Any information about suspicious behaviour or circumstances will be passed to the local Police Child Protection Unit or the local Social Services within 24 hours or as soon as shall be reasonably practicable.

In the event that a young person discloses abuse to an employee of Get Further or a volunteer tutor, employees of Get Further and volunteer tutors shall:

  1. Allow the young person to speak without interruption, encouraging them to tell you only what they feel comfortable telling you, and be accepting and be non- judgemental about what is said. Do not ask investigative or leading questions of any kind.
  2. Advise the young person that you will offer support, but that you MUST pass what they tell you and are not able to keep anything they tell you confidential. If they refuse to tell you anything unless you promise to keep it a secret, inform them that you want to help and that there is one person you have to tell. If they then refuse to tell you any more, please respect their decision and report this incident.
  3. Ensure that the young person is not immediately at risk of any further abuse.
  4. Immediately after a disclosure, contact the Designated Safeguarding Children Officer at Get Further.
  5. Report the facts as you know them/ or understand them, including the student’s name and the account given to you by the young person using the words that they used as well as including any other information your feel is relevant.
  6. Provide this detailed information to the Designated Safeguarding Children Officer at Get Further as soon as you are able.
  7. Get Further shall retain a copy of all such notifications for a period of one year.

In the event that a volunteer tutor suspects abuse, but it has not been disclosed by the young person, employees of Get Further and volunteer tutors shall:

  1. Not discuss your suspicions with the young person in question or conduct any form of investigative work.
  2. Report the facts as you know them/ or understand them, including the student’sname and the account given to you by the young person using the words that they used as well as including any other information your feel is relevant.
  3. Provide this detailed information to the Designated Safeguarding Children Officer at Get Further as soon as you are able.
  4. Get Further shall retain a copy of all such notifications for a period of one year.

If you receive an allegation about any adult or about a volunteer tutor (including the person hearing the allegation), employees of Get Further and volunteer tutors shall:

  1. Immediately after receiving an allegation or disclosure, contact the Designated Safeguarding Children Officer at Get Further.
  2. Report the facts as you know them/ or understand them, including the names of relevant adults and/or young people and the account given to you using the words that they used as well as including any other information your feel is relevant.
  3. Provide this detailed information to the Designated Safeguarding Children Officer at Get Further as soon as you are able.
  4. Get Further shall retain a copy of all such notifications for a period of one year.

If you deal with the personal data of young people (including names, grades and college), employees of Get Further and volunteer tutors shall:

  1. Handle all information with sensitivity and confidentiality.
  2. The information should be kept securely and not be made available to others without the authority of Get Further.

Recruitment and Training

Get Further maintains a high standard in recruiting staff and volunteers. All Get Further employees and volunteers will be subject to an enhanced DBS check before they can begin working within our partner colleges. Every volunteer and employee must be able to fulfil one of the following:

  • Have an existing enhanced DBS check not more than 2 years old verified by a member of Get Further staff, with the disclosure number and date of issue recorded, along with photographic ID.

Arrange with Get Further to have a new enhanced DBS check processed.Get Further staff and volunteers receive training on the contents of this this policy as part of their induction. This policy is made available to all adults involved in Get Further’s activities and all volunteers sign a volunteer agreement, which confirms that they are familiar with the contents and procedures in this policy.

The Code of Behaviour

All adults coming into contact with children and young people through Get Further’s work must comply with this Child Protection and Safeguarding Children Policy and this Code of Behaviour.

You must:

  • Act in accordance with the partner college’s policies and procedures regarding child protection and safeguarding.
  • Treat all young people with respect.
  • Avoid being alone with a young person or cause someone else to be alone with a young person because of your actions e.g. being late. If alone in a room with young people keep the door open at all times.
  • Remember that someone else might misinterpret your actions, no matter how well intentioned.
  • Be aware that any physical contact with a young person can be misinterpreted and should always be avoided. Shaking hands in a public setting is considered acceptable.
  • Be aware that social networking sites are in the public domain if not protected by privacy settings. Strongly consider strengthening any privacy settings so that young people would not be able to access your online profiles and be privy to any information you would not want in the public domain.
  • Block any young people that approach you online and inform Get Further’sDesignated Safeguarding Officer immediately.
  • Recognise that special caution is required when discussing sensitive issues with young people.
  • Challenge unacceptable behaviour and report all allegations/suspicions of abuse to the Get Further’s Designated Safeguarding Officer.
  • Operate within Get Further’s procedures in the event of any disclosure/concern.
  • Raise any questions or concerns about child protection and safeguarding with GetFurther’s Designated Safeguarding Officer, or if unsure of a college’s procedure, information should be sought from college staff.You must not:
  • Promise confidentiality to young people in any situation.
  • Seek out or add young people on any social networking site.
  • Respond to any online communication from a young person, for example on a social networking site.
  • Share your address with young people, or, seek out their address.
  • Arrange to meet a young person outside of the allocated tutoring time, unless on the college premises and with the prior knowledge of a member of staff.
  • Act in a manner that excludes the young people you are working with.
  • Make suggestive or derogatory remarks in front of young people.
  • Have inappropriate physical contact or verbal contact with young people.
  • Show favouritism to any individual.
  • Be under the influence of alcohol or other substances when working on activities involving young people.
  • Take photographs of young people.

This policy will be formally reviewed every year, or in line with Governmental guidance.