Privacy Notice

1. Service Users

This section explains what information NYAS collects, keeps and stores about you and/or your family if you receive one of our services, and your rights in relation to that information. You may also be given information about what happens to your information by your NYAS worker or through service information leaflets.  NYAS Privacy Notice for young people  provides privacy information for younger service users.

What information do we collect?

NYAS holds personal information about you which may include your name, date of birth, address, gender, ethnicity, sexual identity and whether you have a disability so that we can make sure, our services meet your needs. We will also record information about the service provided to you, including case reports, plans and reviews.

How do we collect your information?

Information is usually collected by face-to-face contact, telephone, email or text. Sometimes this information is collected from the social worker or somebody acting on your behalf to access our service in which case we would always ask for your consent and share this information with you.

Why do we collect your information?

Under the General Data Protection Regulation (GDPR) we must have a legal reason to keep your data and process it. When NYAS provides you with a service, we will process your data under legitimate interest or public task. If it is to do with court proceedings data will be processed under legal obligation.

We collect data because we cannot provide a service to you without using your personal information.

Who do we share your information with?

We won’t share any information that you have provided to us in confidence, and we will always respect your wishes if you do not agree to us sharing information except where we believe you are at risk or where someone else may be at risk, or if we are legally required to share the information, for example following a court order.

We will only share information with those who need it, to provide the service to you or where you request us to. This maybe NYAS workers and other appropriate professional people. We may be required to share information with the council or organisation that is funding us to provide the service. We will let you know when this is the case.

We will not share your information with other parties other than for the purposes of providing the service you have contacted us about, although If we do share your information for other purposes, we will make sure you have provided consent to enable us to do this, for example when a service transfers to another provider.

There may be other occasions where NYAS will ask you for your consent to share your data for example to share your experiences to raise public awareness of important issues. If this is the case, we will explain exactly what the data will be used for, and you can withdraw your consent at any time. Wherever possible, any of your data which has been used for publicity purposes will be deleted.

We will never share your personal information with organisations so that they can contact you for marketing activities.

How long do we keep your data?

NYAS will keep your data for a specified period of time once we have finished working with you. Depending on the nature of the service and our legal obligations this will be a minimum of 6 years but can extend to 75 years for certain types of work. You will be given a Service Information Leaflet which will tell you exactly how long we keep your data and why. Sometimes NYAS is required to transfer your data to the local authority that has commissioned us to provide your service, or to another organisation providing you with a service. NYAS will ask for your consent before this information is shared.

Your NYAS worker or service Information leaflet will give you more details about what will happen to your data.

How can you access your data? (Subject Access Requests)

You may request a copy of the information that NYAS holds about you (see The Right to access your personal information).

How do we collect your personal information?

We obtain personal information from you when you sign up to our newsletter, enquire about our activities, become a service user, send or receive an email, make a donation to us, support a campaign, or ask a question about our services. Sometimes we may obtain your personal information from third-party data suppliers, but only if they provide the appropriate evidence that you have agreed for your personal information to be shared with other organisations.

We also gather general information about the use of our websites such as pages visited and areas that are of most interest to users. We use this information to improve our website and make it a better experience for everyone.

Occasionally we obtain publicly available information, such as contact information, or we research information to help us perform due diligence checks to ensure we are not being abused by fraudsters or criminals posing as genuine donors, or to ensure that there are no conflicts of interest from potential supporters or organisations prior to our engagement. We do these checks to help protect NYAS from abuse.

For further information about this please see the 'How we communicate with you' section below.

What information do we collect?

The personal information we collect may include name, address, email address, telephone numbers, date of birth, bank account details (for setting up regular direct debit or payment information), gender and campaign experience (for contacting you in support of our campaigns).

Data Protection Law recognises that certain categories of personal information are more sensitive. These are known as special categories of data and cover health information, race, religious beliefs and political opinions. We do not usually collect special categories of data about our supporters unless there is a clear reason for doing so such as participation in a run or walk or similar fundraising event or where we need to ensure we provide the appropriate facilities or support to enable you to participate in an event.

How do we use your data?

We may use your personal information for:

• Dealing with your enquiries, requests, and complaints
• Processing your donations
• Providing you with information about our work activities events and services
• Complying with our legal obligations policies and procedures, for example claiming Gift Aid
• Providing and personalising our services
• Fundraising and marketing
• Conducting market research

How we communicate with you

Being able to communicate with you is important, as your support will help transform the lives of the UK’s most vulnerable children.

We believe in being open, honest and transparent with our supporters and want you to feel comfortable about your decision to give us your personal information and how we use it.

We will use the details you provide to us to communicate with you about how we are transforming the lives of the most vulnerable children across the UK through the work of our services and research expertise.

We would also like to tell you how your support is helping and other ways you can help in the future, whether that’s through volunteering, events or fundraising. From time to time we might also send you appeals asking for a donation to help change children’s lives.

We promise that we will only communicate with you in the way you wish us to and we will always respect your privacy. You can change your mind at any time and its quick and easy to let us know that you no longer want to hear from us by emailing marketing@nyas.net

We will always respond to your wishes in a sensitive, timely, courteous and professional way.

Please be assured that we will take appropriate measures to keep your personal information safe and secure and we promise not to contact you more than necessary. We will never pass yourpersonal information on to other organisations for them to use for their own marketing purposes.

In certain instances, NYAS collects and uses your personal information by relying on the legitimate interest legal basis. This is because when you, for example, request to receive services or products from us, we have a legitimate organisational interest to use your personal information to respond to you and there is no overriding prejudice to you by using your personal data for this purpose.

We will always provide you with the option to opt out of hearing from us. In most instances, however, we will rely on obtaining your consent to use your personal information. For example, where we seek to obtain your consent to receive email marketing from NYAS

We will only communicate with you in the way you have told us to. For example:

Email telephone marketing

If you have actively provided your consent to us along with your email address and/or mobile phone number, we may contact you for marketing purposes by email or telephone. By subscribing to NYAS emails or opting into email communication from NYAS you grant us the right to use the email address for email marketing.

Post/telephone marketing

If you have provided us with your postal address or telephone number, we may send you direct mail or telephone you about our work unless you have told us that you would prefer not to receive such information.

It’s your decision

It is always your decision as to whether you want to receive information about our work, how we raise funds and the ways you can get involved. If you do not want us to use your personal information in these ways, please indicate your preferences on the form on which we collect your data.

You may opt out of our marketing communications at any time by clicking the ‘unsubscribe’ link at the end of our marketing emails.

You can also change any of your contact preferences at any time, including telling us that you don’t want us to contact you for marketing purposes, by emailing marketing@nyas.net:

We will not use your personal information for marketing purposes if you have indicated that you do not wish to be contacted by us for such purposes. However, we will retain your details on a suppression list to help ensure that we do not continue to contact you

Disclosures

We will never pass your personal information on to other organisations for them to use for their

own marketing purposes.

However, we may disclose your personal information under the following circumstances:

• To third parties who provide a service to us and are data processors. This would include our trusted partners that work with us in connection with our charitable purposes and other entities that act as fundraisers for NYAS. We require these third parties to comply strictly with our instructions and Data Protection Laws and we will make sure that appropriate controls are in place. We enter into contracts with all our data processors and regularly monitor their activities to ensure they are complying with NYAS policies and procedures.
• Where we are under a duty to disclose your personal information in order to comply with the law or the disclosure is ‘necessary’ for purposes of national security, taxation and criminal investigation
• Where we have your written consent.

• Where we need to perform due diligence checks to ensure we are not being abused by fraudsters or criminals posing as genuine donors for example money laundering proceeds of 

  crime tax avoidance. We do these checks to help protect NYAS from abuse.

Marketing to Children

We are committed to protecting the privacy of the young people that engage with us through our website, fundraising events, marketing materials and communication lists.

Our fundraising events also request specific information about the age of participants. Anyone under the age of 16 must obtain parental or guardian consent before participating in an event organised by NYAS. Children aged 13 and under who want to participate will be required to provide a parent or guardian’s email address before engaging with us. We will then contact the parent or guardian to ask their permission to communicate with the child.

Keeping your personal information

We keep your personal information for as long as required to operate the service in accordance with legal requirements and tax and accounting rules. Where your information is no longer required, we will ensure it is destroyed in a secure manner.

Other websites

Our website may contain links to other websites that are outside our control and are not covered by this Privacy Notice. If you access other sites using the links provided, the operators of these sites may collect information from you that will be used by them in accordance with their privacy notice which may differ from ours.

NYAS collects and processes personal data relating to its staff, self-employed contractors, trustees, students, agency workers and volunteers in order to manage the working relationship with you.

What information do we collect?

NYAS collects and processes a range of information about you that is appropriate to the role you perform with us.

This will vary depending on whether you are an employed member of staff, volunteer, self-employed contractor, agency worker, trustee or student and may include:

• Your name, address and contact details, including email address and telephone number, date of birth and gender;

• The terms and conditions relating to the work you are doing for NYAS.
• Details of your qualifications, skills, experience and employment history, including start and end dates with previous employers and with us.

• Information about your salary, including entitlement to benefits such as pensions
• Details of your bank account and national insurance number
• Information about your marital status, next of kin, dependents and emergency contacts
• Information about your nationality and entitlement to work in the UK
• Information about your criminal record
• Digital risk assessment findings
• Relevant information if you use your own vehicle for business
• Details of your schedule (days of work and working hours) and attendance at work
• Details of the work carried out with the service users that you have worked with.
• Details of periods of leave taken by you, including holiday, sickness absence, family leave and extended leave, and the reasons for the leave

• Details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence

• Assessments of your performance, including appraisals, performance reviews and ratings, training you have participated in; performance improvement plans and related correspondence

• Information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments
• Equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.

• Your image if you work in an office, which has CCTV (We comply with the ICO’s CCTV Code of Practice).

How do we collect your personal data?

We collect your information in a variety of ways. For example, you may have filled in an application form, or submitted a CV or resume; you may have provided your passport details or other identity documents; from forms completed by you at the start or during your work with us; from correspondence with you; or through interviews, meetings or other assessments.

We may also collect information about you from third parties, such as recruitment agencies,

references supplied by former employers, through the digital risk assessment process and information from criminal records checks as permitted by law.

Where will we keep your data?

Your personal information will be stored, securely, in several places: in your personnel file,  CASCADE our HR management systems for employees and self-employed contractors. Volunteer personal information is stored on Volunteero. Personal information can also be stored in any other IS systems including NYAS internal network and email system.

Why do we need your personal data?

NYAS needs to process your data to enter into a working relationship with you and to meet our contractual obligations under any agreement with you. For example, if you are an employee we need to process your data to provide you with an employment contract, to pay you in accordance with that contract and to administer any benefits.

In some cases, NYAS needs to process data to ensure that we are complying with our legal obligations. For example, it is required to check a worker’s right to work in the UK, to deduct tax, to comply with health and safety laws and to enable employees to take periods of leave to which they are entitled. For all positions, it’s necessary to carry out criminal records checks to ensure that individuals are permitted to carry out the role in question. For the purpose of safeguarding service users it is necessary to carry out Digital Risk Assessments on any online activity that is in the public domain.

In other cases, NYAS has a legitimate interest in processing personal data before, during and after the end of the working relationship. Processing staff data allows the organisation to:

• Run recruitment and management processes
• Maintain accurate and up-to-date staff records and contact details (including details of who to contact in the event of an emergency), and records of contractual and statutory rights
• Operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace
• Operate and keep a record of employee performance and related processes and workforce management processes
• Operate and keep a record of absence and absence management procedures, to allow effective workforce management and ensure that employees are receiving the pay and other benefits to which they are entitled

• Obtain occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meets its obligations under health and safety law, and ensures that workers are receiving the sick pay or other benefits to which they are entitled

• Operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that NYAS complies with duties in relation to leave entitlement and to ensure that workers are receiving payments or other benefits to which they are entitled

• Ensure effective general HR and business administration
• Provide references on request for current or former employees
• Respond to and defend against legal claims
• Comply with our statutory and regulatory obligations
• Maintain and promote equality, diversity and inclusion in the workplace.

Where NYAS is relying on legitimate interest as a reason for processing employee data, we have considered whether, by collecting the data, the charity is overriding the rights and freedoms of our employees and workers and has concluded that we are not.

Some special categories of personal data, such as information about health or medical conditions are processed to carry out employment law obligations (such as those in relation to employees with disabilities and for health and safety purposes).

Where we process other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is done for the purposes of equal opportunities monitoring.

Who has access to the data?

Your information will be shared internally, including with members of the HR Team (including payroll), the Finance Team (including the Pensions Team), the Properties and Facilities Team (for security and insurance purposes), the Bids and Tenders Team (with CVs for supporting bids), your line manager, managers in the business area in which you work and any other members of staff for whom access to the data is necessary for the performance of their roles.

NYAS shares your data with third parties in order to obtain pre-employment references from other employers and, if applicable to your role, to obtain necessary criminal records checks from the Disclosure and Barring Service and obtain Digital Risk Assessments. NYAS may also share your data with third parties in the context of TUPE transfers. In those circumstances, the data will be subject to confidentiality arrangements. Service data from commissioned services may be shared with the commissioner.

NYAS also shares your data with trusted third parties that process data on our behalf, in connection with payroll, expenses, the provision of benefits, the provision of occupational health services, the provision of e-learning and training, and the off-site archiving of personal data once you have left NYAS employment.

NYAS may transfer your data to countries outside the European Economic Area – see ‘Where we store and process your information’ section below.

How long will we keep your data?

We will keep your personal data only as long as is necessary for the purpose(s) for which it was collected and in accordance with our Data Protection and Access to Records Policy. Data will be securely destroyed when no longer required.

Where you exercise your right to erasure, we will continue to maintain a core set of personal data (name, dates of working at NYAS and date of birth) to ensure we do not contact you inadvertently in the future and to maintain your record for archive purposes.

We may also need to retain some records about you for statutory purposes (e.g. accounting matters, safeguarding and referencing)

As part of any recruitment process, NYAS collects and processes personal data relating to job applicants. If you apply for a role with NYAS, we will only use the information you supply to us to process your application and to monitor recruitment statistics.

What information do we collect?

We will collect a range of information about you, including:

• Your name, address and contact details, including email address and telephone number
• Details of your qualifications, skills, experience, conviction declaration and employment history
• Information about your current salary
• Whether or not you have a disability for which we need to make reasonable adjustments during the recruitment process

• Information about your entitlement to work in the UK
• Equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health, and religion or belief. We will only collect this sensitive information with your explicit consent, which can be withdrawn at any time.

How do we collect your personal data?

We collect it in a variety of ways. For example, you may have filled in an application form or submitted a CV or resume, you may have provided your passport details or other identification documents, or we may have collected it through interviews or other forms of assessment, like online tests.

We may also collect information about you from third parties, such as references supplied by former employers. NYAS will only seek information about you from third parties once we’ve made you an offer.

Where will we keep your data?

Your personal information will be stored, securely, in several places: on your application record, in our Recruitment and Selection system, our CASCADE HR management systems and on other IT systems.

Why do we need your personal data?

We need to process your data in order to enter into a working agreement with you. In some cases we need to process your data to ensure we are complying with our legal obligations, eg checking an individual’s right to work in the UK.

We have a legitimate interest in processing your personal data during the recruitment process and in keeping records of the process. It allows us to manage that process, assess and confirm your suitability for the role and decide who to offer a role to. We may also need to process data from job applicants to respond to, and defend against legal claims. Where we are relying on legitimate interest as a reason for processing data, we have considered whether or not those interests override the rights and freedoms of the applicant and have concluded that they do not.

We process health information if we need to make a reasonable adjustment to the recruitment process for candidates who have a disability. This is to carry out our obligations and exercise specific rights in relation to employment.

For some roles, NYAS is obliged to seek information about criminal convictions and offences.

This is necessary to carry out our obligations and exercise specific rights in relation to employment.

For the purpose of safeguarding our service users, it is necessary to carry out Digital Risk Assessments on applicants’ online activity that is in the public domain.

NYAS will not use your personal information for any purpose other than the recruitment exercise for which you have applied.

How long will we keep your data?

Personal information about unsuccessful candidates will be held for one year after the recruitment exercise has been completed. Recruitment plus will anonymise the candidate's details after one year.

If you set up an account on our online recruitment system, we will hold your data on file until you delete your account, when your data will be deleted and destroyed.

If your application is successful, personal data gathered during the recruitment process will be transferred to your personnel file and will be retained in accordance with our retention policy

Who has access to your data?

Your information will be shared internally for the purposes of the recruitment exercise. This includes members of the HR (People) and recruitment team, interviewers involved in the recruitment process, managers in the business area with a vacancy, bids and tenders team and IT staff if access to the data is necessary for the performance of their roles.

As part of the recruitment process we may need to share your data with third parties in order to conduct any necessary background checks and vetting processes, such as contacting previous employers/referees to obtain a reference; and/or the Disclosure and Barring Service to conduct criminal l record checks and/or Digital Risk Assessors. As part of the recruitment process, we will make clear to you which checks will be required and at what stage of the process.

What if you don’t provide personal data?

You are under no statutory or contractual obligation to provide data to us during the recruitment process. However, if you do not provide NYAS with the information, we may not be able to process your application properly, or at all.

You are under no obligation to provide information for equal opportunities monitoring purposes and there are no consequences for your application if you choose not to provide such information.

Automated decision making

Some of NYAS's recruitment process is solely based on automated decision-making. For example, when applicants are asked to confirm they have the right to work in the UK; or when applicants confirm that they are not barred from undertaking roles working within regulated activity; or whether the applicant has a clean and valid driving licence where driving is an essential requirement for the role; or whether the applicant has a clean public profile on-line digital risk assessment; or whether the applicant has unsatisfactory references.

If an applicant is unable to fulfil the requirements, they will not be able to progress any further with their application. Should an applicant wish to challenge any automated decision within the recruitment process they should contact the recruitment team via email: recruitment@nyas.net

Like most websites, NYAS uses cookies. A cookie is a small data file stored on your computer or mobile device. NYAS uses cookies to enhance and facilitate your experience while visiting our website. We do not use cookies to store personal information or to provide information to third parties.

Some of these cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. The information we get through the use of these cookies is anonymous and we make no attempt to identify you or influence your experience of the site while you are visiting it. If you do not allow these cookies, we will not be able to include your anonymous visit in our statistics.

You can control and/or delete cookies as you wish or delete cookies installed by the site - for more details, see www.allaboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. To do so you should modify your browser settings, click on the help section of your Internet browser and follow the instructions.

However, if you do this, you may have to manually adjust some preferences every time you visit the site and some services and functionalities may not work.

During your visits to our site, you may notice some cookies that are not related to NYAS. You should check the relevant third-party websites for more information about these.

By continuing to browse the site, you are agreeing to our use of cookies.

NYAS may share your information with our trusted partners and suppliers who work with us on or on our behalf to deliver our services, but processing of this information is always carried out under our instruction and in accordance with the law. We make sure that they store data securely, delete it when they no longer need it and do not use it for any other purposes. We enter into contracts with these service providers that require them to comply with Data Protection Laws and ensure that they have appropriate controls in place.

Your data may be accessible to some of the IT support companies who manage our business-critical systems, however, this is only for the purposes of supporting our IT systems and is strictly governed by our contractual arrangements with them. Some of our partners run their operations outside of the EEA (European Economic Area) and this may include countries that have different Data Protection Laws. We will always take steps to make sure appropriate protections are in place (in accordance with UK Data Protection Law) and that information is safeguarded.

Except for these specific cases listed below, we won’t share financial information with third parties without your specific consent unless required to do so by law. By donating through our website you are consenting to your financial and/or personal information being passed to any third-party organisations necessary to process your transactions with NYAS such as credit card companies and banks. We will also share your data with HMRC if you give us permission to claim Gift Aid on your donation.

We can share your personal information with selected third parties including business partners, suppliers and sub-contractors for the performance of any contract we enter into with them, including:

• Self-employed contractors in advocacy, contact facilitators, caseworkers and independent visitors.
• Providers of events, fundraising pages, email marketing and events
• Our Case Recording systems.
• Archive and storage systems.
• Commissioners
• Printers, photographers, creative designers, creative agencies, and online survey providers
• Insurers, solicitors, brokers, loss adjusters, managing agents and landlords
• Benefits providers, Criminal Records Check processors and Digital Risk Assessment providers.
• Search engine and analytics providers that assist us in the improvement and optimisation of our site.

• Where we are under a duty to disclose or share your personal information in order to comply with any legal obligations, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of NYAS, our donors, beneficiaries or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection

• For employees, payroll agencies, HMRC, pension, insurance companies and statutory bodies, where regulated to do so by law

Our promise to you:

We will keep your personal information confidential, and where we provide it to other third parties we will only do so under contract, on conditions of confidentiality and security, and only for the purposes for which you have provided your information to us.

NYAS takes looking after your information very seriously. We’ve implemented appropriate physical, technical and organisational measures to protect the personal information we have under our control, both on and offline from improper access, use, alteration, destruction and loss.

Whilst we strive to protect your personal information, due to the nature of the internet we cannot totally guarantee the security of any of the information you transmit to us. With this in mind, transmission is at your own risk and we urge you to take every precaution to protect your personal information whilst you are online.

How to best protect yourself and your personal information

To protect yourself when sending us sensitive information, please ensure that you use devices running supported operating systems that are regularly patched and incorporate some form of malware protection. Only connect your devices to networks that you trust. Please be aware that any personal information you choose to post on the public areas of our websites can be read, collected, or used by other users and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to make public. In addition, we are not responsible for the content you publicly post on the site that can be found via web-based search engines.

Securing your passwords
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping the password confidential. You agree not to share that password with anyone else.

The information that we collect from you may be transferred to, and stored in, a location outside of the United Kingdom, but only where we are satisfied that it has an adequate level of protection. It may also be processed by staff operating in these locations who work for us or for our service providers. This includes staff engaged in, among other things, the hosting of the site and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. NYAS will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Notice.

Your personal information will not be retained for any longer than is necessary for the lawful purposes for which it has been collected and processed. This is to ensure that your personal information does not become inaccurate, out of date or irrelevant. NYAS have set retention periods for the personal information that we collect, and you can contact our data protection officer for a copy of our retention policy.

You have various rights in respect of the personal information we hold about you as set out in the table below. If you wish to exercise any of these rights or make a complaint you can do so by contacting our Data Protection Officer at NYAS, Tower House, Tower Road, Birkenhead, CH41 1FF, by email: to dpo@nyas.net and by phone on 0151 649 8700. You can also make a complaint to the data protection supervisory authority, the Information Commissioner’s Office https://ico.org.uk

Please note, some of these rights only apply in certain circumstances and we may not be able to fulfil every request.

Your right to lodge a complaint with a supervisory authority

If you wish to lodge a complaint or seek advice from a supervisory authority please contact:

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Tel: +44 (0) 01625 545 745

Website: www.ico.org.uk

NYAS
Tower House. 1 Tower Road.
Birkenhead. Wirral. CH41 1FF

Head Office Telephone: 0151 649 8700

Email: main@nyas.net

Email IT Dept.: support-ticket@nyas.net