Legal

This privacy policy sets out how Get Further uses, protects and handles the personal data and information of its tutors, students, employees, partners, suppliers and other third parties. 

Get Further is a registered company (number 11513329) and charity (number 1190809) that provides catch-up tuition to students studying GCSE English or maths in colleges and schools.  

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 18th October 2024. 

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 us at hello@getfurther.org.uk.  

What information we collect and use:

Get Further collects and processes personal information for different purposes. We use personal data in our employment processes for tutors and central staff; to run our programmes at partner sites; to evaluate the impact of our programmes on students; and to raise money for our charitable activities.  

You may provide some of the personal data to us directly, via an application or registration form, or we may collect it from a third party (such as a college partner, or other partner organisation).  

The data will vary depending on who is providing it and for what purpose. However, we may collect and use the following information:  

• Name and contact details 

• Biographical information such as date of birth 

• Academic history (e.g. previous qualifications) 

• Work experience 

• Equal opportunities data such as ethnicity, gender, special educational needs or disability, postcode and free school/college meals or benefits status  

• Additional safeguarding information, required for those who tutor, volunteer or work with us. For example, DBS status and certification; and details 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). 

Special category personal data: ‘Sensitive personal data’ or ‘special category data’ includes health information, race, religious beliefs and political opinions. We only collect special category personal data where it is necessary to achieve a certain purpose and we have a legal basis for doing so. For example, we collect information relating to the ethnicity and disability of our programme participants. We do this to manage and administer our equal opportunities reporting, as well as to ensure that reasonable adjustments are available to staff, students and others (as required). 

If you disclose special categories of personal data we will ensure that, in line with our legal requirements, extra safeguards are in place to protect this information and that we make clear what special category data is being collected and why. We will ensure it will only be processed for the specific purpose for which you provided it to us.  

Why we record and use this information:

We have different bases for processing information about you. Personal information will only be processed where Get Further is legally permitted to do so. This will be one of the following: 

• Legitimate interests: We collect or use your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. 

• Your consent: We may collect or use your information where you have provided full and informed consent for us to do so.  

• To comply with a legal obligation: We have to collect or use some of your information so we can comply with the law.  

• To fulfil a contractual obligation we have with you.  

For Tutors: 

Get Further considers the information we record and use to fall within the legitimate interest category where individuals voluntarily complete our application and go on to tutor or volunteer with us. Information you provide, as part of the application process, will be used 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. 

For students: 

Get Further considers the information we record and use to fall within the legitimate interest category where individuals voluntarily register/enrol for a programme.  

Your data and information will only be used for the purpose of programme delivery and evaluation. For example: 

• Scheduling tuition sessions 

• Reminders to attend tuition sessions 

• Monitoring attendance 

• Evaluating the impact of the Get Further programme on exam results, students’ post-programme pathways and students’ self-efficacy.

For programme partners:

In most cases, where partners voluntarily sign up to a Get Further programme or service, the sharing and use of data will be governed by a contractual relationship and subject to a ‘data sharing agreement’. In this case, your data and information will only be used for the purpose of programme delivery and evaluation, and according to the contractual terms and requirements. For example:  

• Scheduling tuition sessions, delivery logistics and site access 

• Provide information on programme delivery  

• Analysing the impact of the Get Further programme on exam results and student outcomes 

• Financial and invoicing arrangements 

• Monitoring and reporting 

There may be occasions where we rely on the legitimate interest category, in which case we will ensure that our processing of your personal information is reasonable and does not violate your rights as an individual.  

For funders and others:

In some instances, we will rely on the legitimate interest category to process partner information and data. For example, some fundraising activity, including communications with current and potential supporters and donors; or when a parent, guardian or other supporter agrees to provide their information and works with us, to support students to participate in a programme.  

For marketing:

In some cases, we will ask for your consent to use your information. This could be when we wish to send you marketing emails or information about related programmes and services. When providing consent, we will make sure you have a real choice and that you can withdraw your consent easily and at any time.  

How we communicate with you using this information:

Get Further may contact you via email, phone or text, to give effect to the above activities. Beyond these, if you have consented to receive marketing or other communications, Get Further may periodically contact you via email with: 

• newsletters, job vacancy and education policy updates; 

• information about events relevant to your role; 

• other ways to support us including optional donations, fundraising participation events, becoming an ambassador for Get Further, developing a quote or case study, 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 marketing communications. However, if you no longer wish to receive these marketing communications, or you would like no further contact from Get Further entirely, 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. Get Further has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by employees in the performance of their duties.  

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 shared 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 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 and staff; 

• to enable historic data analysis, comparisons and reporting. 

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:

We may disclose your information to third parties i.e. data processors who store and process your data for us. For example: 

• Third party IT/Software companies who store your data on their servers 

• HR system providers who process your data and action payroll activity 
•  

In addition, we may share your personal information with:  

• Statutory or funding bodies e.g. our funders or supporters  

• Organisations we need to share information with for safeguarding reasons 

• Local authorities or councils, when giving effect to our safeguarding duties 

• External auditors or inspectors 

• Third party organisations who are contracted to provide consultancy support and services (for example, external evaluation services) 

• Other third parties, if required by law, or to protect ourselves or others against illegal or harmful activities. 

Our sharing of data and information with third parties is governed by contractual terms, policies, procedures and data sharing agreements, put in place to ensure that your personal data is protected. This does not always mean that they will have access to information that will directly identify you as we will share anonymised or pseudonymised data only wherever possible. 

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 privacy 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. 

These rights are not subject to any fee, and we will comply with any request within the legal time limits. More information on your rights can be found here https://www.gov.uk/data-protection/the-data-protection-act. To correct any inaccuracies, ask questions on how we keep your information or object to any information we keep please email hello@getfurther.org.uk   

For more information, you can access our privacy policy and our data protection policy on our website: https://getfurther.org.uk/legal/   

Or write to us at: The Brewery Building, 55-61 Brewery Road, London, N7 9QH 

How to complain:

If you have any concerns about our use of your personal data, you can make a complaint to us using the contact details above. 

If you remain unhappy with how we’ve used your data after raising a complaint with us, you can also complain to the ICO. 

The ICO’s address:            

Information Commissioner’s Office 
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire 
SK9 5AF 

Website: https://www.ico.org.uk/make-a-complaint 

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.

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.

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).