Vision for Education – Terms and Conditions

TERMS AND CONDITIONS

Use of this Platform shall be governed by these Terms and Conditions, which include the Use Policy, the Privacy Policy, the Tutor Conduct Policy, the Safeguarding Policy and the Parent and Carer Policy.

USE POLICY

This Use Policy applies to all Users of the Platform.

1. Definitions

1.1 Except to the extent expressly provided otherwise:

"Account" means a personalised account on the Platform which enables the registered User to access the Platform and use the Services;

"Agency" means Vision for Education Limited, trading as Vision for Education;

"Client" means a Student or Guardian;

"Guardian" means a person or organisation with an Account that creates and manages Student Accounts and is responsible for the activity of those Students on the Platform, including parents, legal guardians and authorised administrators from schools, local authorities and other institutions;

"Help Centre" means the help documentation for the Platform made available to the User via their Account;

"Lesson" means a tutoring session delivered by a Tutor and received by a Student or Students;

"Personal Data" has the meaning given to it in the Data Protection Laws applicable in the UK;

"Platform" means the Tutor Office software and associated Help Centre which is made available to Users in accordance with these Terms and Conditions to allow them to use the Services;

"Services" means the services provided to the User via the Platform for tutoring and tutoring support;

"Student" means a person with an Account who is seeking or receiving tutoring;

"Tutor" means a person with an Account who is offering or providing tutoring to Students; and

"Tutor Room" means the online classroom which is integrated into the Platform and which includes video, audio and presentation streams;

"User" means a Student, Guardian or Tutor;

"User Data" means all data (including Personal Data), works and materials: uploaded to or stored on the Platform by the User; transmitted by the Platform at the instigation of the User; supplied by the User for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Platform by the User (but excluding analytics data relating to the use of the Platform and server log files); and

"User Personal Data" means the Personal Data of any User that is processed via the Platform.

2. Platform Use

2.1 The Agency shall make the Platform available to the User for the purposes of using the Services.

2.2 The Platform allows Guardians to:

(a) create and manage Accounts for Students;

(b) communicate with Tutors regarding their Students’ tutoring; and

2.3 The Platform allows Students to:

(a) communicate with Tutors regarding tutoring; and

(b) attend online Lessons in the Tutor Room.

2.4 The Platform allows Tutors to:

(a) create a profile (if applicable);

(b) communicate with Clients regarding tutoring; and

2.5 The User is permitted to use the Platform for the purposes of using the Services, subject to the following:

(a) Users must be over 18 years of age to register an Account;

(b) any Student under 18 years of age wishing to use the Platform must arrange for an authorised Guardian to register on their behalf;

(c) Users must have the legal right and authority to use the Platform and Services and perform their obligations under these Terms and Conditions;

(d) Guardians are responsible for managing the Accounts of Students they register on the Platform, for the activity and actions of those Students on the Platform and for ensuring that Students act in accordance with these Terms and Conditions;

(e) Guardians registering a Student must have the legal right and authority to consent to the processing of the Student's Personal Data for the purposes outlined in the Privacy and Cookie Policy;

(f) Platform Accounts may only be used by those individuals named on the Account and those names must be real and accurate; and

(g) the Platform may only be used for tutoring and tutoring support services.

2.6 The User shall use reasonable endeavours, including reasonable security measures relating to Account access details, to ensure that no unauthorised person may gain access to the Platform using their Account and must notify the Agency immediately if they become aware of any unauthorised use of their Account.

2.7 The User must ensure that their device and internet connection meet all the technical specifications necessary to use the Platform and Services, as detailed in the Help Centre.

3 Conduct

3.1 The User’s conduct on the Platform must:

(a) be appropriate and consistent with generally accepted standards of etiquette and behaviour in the teaching and tutoring industries;

(b) be courteous and polite to other Users of the Platform;

(d) not be offensive, insulting, deceptive, hostile, threatening, abusive, harassing, hateful, discriminatory or inflammatory; and

(e) not cause annoyance, inconvenience or needless anxiety.

3.2 The User must report any safeguarding concerns or inappropriate behaviour of another User.

3.3 The User must not:

(a) use the Platform in any way that is unlawful, illegal, fraudulent, deceptive or harmful, or in connection with any such activity;

(b) cause damage to the Platform or impairment of the availability or accessibility of the Platform;

(c) use or promote the Platform in any way that is liable to result in the blacklisting of any IP addresses or domains being used by the Platform;

(d) access the software code (including object code, intermediate code and source code) of the Platform;

(e) conduct any systematic or automated data collection activity, via or in relation to the Platform; or

(f) conduct (or request that any other person or entity conduct) any load testing or penetration testing.

4. Support

4.1 The Agency shall provide support to the User for using the Platform and Services. The Agency shall respond promptly to requests for support made by the User and shall provide support with reasonable skill and care.

4.2 The User will have access to a Help Centre via their Account which contains support materials for using the Platform and Services.

4.3 Users must inform the Agency immediately if they have any safeguarding concerns.

4.4 The User may request closure of their Account, or for Guardians their Student’s Account, by contacting the Agency in writing.

5. User Data

5.1 User Data shall be processed in accordance with the Privacy Policy.

5.2 User Data must not:

(a) be untrue, false, inaccurate or misleading;

(b) be libellous or maliciously false;

(d) constitute or contain spam, which for these purposes shall include any unsolicited communications;

(e) constitute a breach of racial or religious hatred or discrimination legislation;

(f) constitute negligent advice or contain any negligent statement;

(g) link to any material or site that could breach the provisions of these Terms and Conditions;

(h) contain any legal, financial or medical advice;

(i) contain or consist of viruses, worms, spyware, adware or any other software or technologies that will or may have a material negative effect upon the performance of the Platform or a User’s computer, or introduce material security risks;

(j) be illegal or unlawful;

(k) infringe any person's legal rights or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law);

(l) constitute a breach of any contractual obligation owed to any person or entity;

(m) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(n) infringe any right of confidence, right of privacy or right under data protection legislation;

(o) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(p) be in contempt of any court, or in breach of any court order; or

(q) have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

6 Data Protection

6.1 The User warrants that it has the legal right to disclose all Personal Data that it does in fact disclose via the Platform.

6.2 All User Personal Data shall be processed in accordance with the Privacy Policy and Data Protection Laws.

6.3 All persons and organisations with access to User Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

6.4 If any changes or prospective changes to the Data Protection Laws result or will result in any party not complying with the Data Protection Laws in relation to processing of Personal Data, then all parties shall use their best endeavours to promptly agree such variations to these Terms and Conditions as may be necessary to remedy such non-compliance.

6.5 The User warrants that any Personal Data of another user made available to them via their Account will not be removed or copied from the Platform, unless given explicit written consent from the Agency.

7. Acknowledgements and Warranty Limitations

7.1 The User acknowledges that:

(a) complex software is never wholly free from defects, errors, bugs or security vulnerabilities and while endeavours shall be made, no warranty or representation is given that the Platform will be entirely free from defects, errors or bugs or will be 100% secure at all times;

(b) endeavours shall be made to maintain the availability of the Platform to the User at the gateway between the public internet and the network of the hosting services provider for the Platform, but 100% availability is not guaranteed;

(c) the Platform is designed to be compatible only with the software and systems specified as compatible in the Help Centre; and no warranty or representation is given that the Platform will be compatible with any other software or systems;

(d) the Platform and its content may be actively monitored and all communications which occur via the Tutor Room may be recorded for safeguarding, and that these recordings may include audio and video streams as well presentation streams, which may be accessed in the event of a safeguarding concern to resolve the issue and protect all parties; and

(e) the Agency has the right to withdraw the User’s access to the Platform and close their Account.

7.2 All warranties and representations in respect of the provision of the Platform are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties, representations or terms of any related contract will be implied.

8. Limitations and Exclusions of Liability

8.1 Nothing in these Terms and Conditions will limit or exclude any liability:

(a) for death or personal injury resulting from negligence;

(b) for fraud or fraudulent misrepresentation; and

8.2 The limitations and exclusions of liability set out in this Clause 8 and elsewhere in these Terms and Conditions:

(a) are subject to Clause 8.1; and

(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

8.3 There shall be no liability to the User in respect of any:

(a) losses arising out of a Force Majeure Event;

(b) loss of earnings or anticipated savings;

(d) loss or corruption of any data, database or software;

(e) special, indirect or consequential loss or damage; or

(f) examination grades, assignment results, progress or achievement of any other accreditation or goal.

9. General

9.1 If a Force Majeure Event gives rise to a failure or delay in any party performing any obligation under these Terms and Conditions, that obligation will be suspended for the duration of the Force Majeure Event.

9.2 Any notice given under these Terms and Conditions must be given in writing, which includes email, the Platform messaging system and the Platform Help Centre.

9.3 Changes to these Terms and Conditions may be made from time to time but if any material changes are made then reasonable steps will be taken to bring such changes to the attention of the User.

9.4 Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights to or from the User.

9.5 The User hereby agrees that the Agency may assign their rights and obligations under these Terms and Conditions to any successor to all or a substantial part of the businesses of the Agency from time to time providing that such action does not serve to reduce the guarantees benefiting the User The User must not without the prior written consent of the Agency assign, transfer or otherwise deal with any of the Users' rights or obligations under these Terms and Conditions.

9.6 If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the provision, in which case the entirety of the relevant provision will be deemed to be deleted).

9.7 These Terms and Conditions shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to adjudicate any dispute.

This Privacy Policy applies to all Users of the Platform.

1. Introduction

1.1 The definitions listed in the Use Policy also apply to this Privacy Policy.

1.2 References in this Privacy Policy to "you" are to any User using the Platform (and "your" should be construed accordingly); and references in this Policy to "us" are to the Agency, Vision for Education Limited (and "we" and "our" should be construed accordingly).

1.3 This policy applies where we are acting as data controllers with respect to your Personal Data; in other words, where we determine the purposes and means of the processing of that Personal Data.

1.4 This Privacy Policy may be updated from time to time and you should check this page occasionally to ensure you are satisfied with any changes. We may notify you of significant changes by email or through the Platform.

1.5 You can contact us anytime by logging into your Account or via email.

2. Personal Data

2.1 In this Section 2 we have set out:

(a) the general categories of Personal Data that we may process;

(b) in the case of Personal Data that we did not obtain directly from you, the source of that data;

(d) the legal bases of the processing.

2.2 We may process data about your use of the Platform and Services ("Usage Data"). This may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and Platform navigation paths, as well as information about the timing, frequency and pattern of your Platform use. The source of the Usage Data is analytics tracking software. This Usage Data may be processed for the purposes of analysing the use of the Platform and Services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our Services.

2.3 We may process Account data ("Account Data”). This may include name, date of birth, country of residence, address, school, email, username and phone number. The Account Data may be processed for the purposes of operating and securing the Platform, providing the Services, and communicating with you. The legal basis for this processing is: the performance of a contract between you and us or taking steps, at your request, to enter into such a contract; and legitimate interests, namely the administration of the Platform and business and the safeguarding of our Users.

2.4 For Tutors, we may process your Tutor profile data ("Profile Data”), if applicable. This may include your photo, qualifications, accreditations, verifications, tutoring and teaching experience, availability, and the tutoring you offer. The Profile Data may be processed for the purposes of allowing you to use the Platform and our Services. The legal basis for this processing is the performance of a contract between you and us or taking steps, at your request, to enter into such a contract.

2.5 We may process the Personal Data you generate in the course of using the Platform and Services ("Service Data"). This may include your Lesson history and Lesson resources. The Service Data may be processed for the purposes of providing our Services. The legal basis for this processing is: the performance of a contract between you and us; and legitimate interests, namely the administration of our business.

2.6 We may process the data of messages that you send and receive ("Message Data"). This may include the message content, any file attachments and any associated metadata. The Platform will generate metadata associated with messages sent or received via the Platform. The Message Data may be processed to allow you to use the Platform and Services and to allow us to provide safeguarding and quality control. The legal basis for this processing is: the performance of a contract between you and us; and legitimate interests, namely the safeguarding of our Users.

2.7 We may process the data of reviews submitted ("Review Data"). This may include a star rating and a written review. The Review Data may be processed to allow you to use the Services and to allow for quality control. The legal basis for this processing is: the performance of a contract between you and us; and legitimate interests, namely the quality control of our Services.

2.8 We may process the data of recordings of online Lessons in the Tutor Room (“Recording Data”). This may include audio (microphone) and video (webcam) streams as well as presentation streams. Recording Data is generated during online Lessons in the Tutor Room. This data may be processed to provide safeguarding for Users, resolve disputes and ensure quality control. The legal basis for this processing is: the performance of a contract between you and us; and legitimate interests, namely the safeguarding of our Users and the quality control of the Platform and our Services.

2.9 We may process any of your Personal Data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.10 We may process any of your Personal Data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the protection of our business against risk.

2.11 In addition to the specific purposes for which we may process your Personal Data set out in this Section 2, we may also process any of your Personal Data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3. Third parties

3.1 For Tutors, once your Account is approved your profile data, if applicable, may be visible to other Users and may also be visible to Platform guests.

3.2 We may disclose your Personal Data to our insurers and professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.3 Your Personal Data on the Platform will be accessible to and stored by our trusted partner and Platform provider Tutexa Ltd, to allow provision and management of the Platform and in turn our Services. Tutexa Ltd is registered with the UK Information Commissioner's Office (ZA480818) and has committed to ensure the confidentiality and security of your Personal Data.

3.4 In addition to the specific disclosures of Personal Data set out in this Section 3, we may disclose your Personal Data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your Personal Data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. Durations

4.1 Personal Data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

4.2 We may retain your Personal Data for a period of 2 years from the date of the most recent login to your Account or for 2 months following the closure of your Account.

4.3 Notwithstanding the other provisions of this Clause 4, we may retain your Personal Data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

5. Security

5.1 We will take appropriate technical and organisational precautions to secure your Personal Data and to prevent the loss, misuse or alteration of your Personal Data.

5.2 Your Personal Data will be stored on secure servers in the UK.

5.3 All Personal Data sent between your web browser the servers used by the Platform will be protected using encryption.

5.4 You should ensure that your password is not susceptible to being guessed, by a person or a computer program. You are responsible for keeping the password you use for accessing your Account confidential and you will only be asked for your password in order to login to your Account on the Platform.

6. Your rights

6.1 This Section 6 summarises the rights that you have under applicable data protection law. Some of the rights are complex, and not all of the details are included in these summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

6.2 Your principal rights under data protection law are your rights to: access; rectification; erasure; restrict processing; object to processing; data portability; complain to a supervisory authority; and withdraw consent.

6.3 You have the right to confirmation as to whether or not we process your Personal Data and, where we do, you have the right to access the Personal Data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Data concerned and the recipients of the Personal Data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your Personal Data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access most of your Personal Data by logging in to your Account.

6.4 You have the right to have any inaccurate Personal Data about you rectified and, taking into account the purposes of the processing, to have any incomplete Personal Data about you completed. If any Personal Data that we hold about you needs to be corrected or updated you can contact us by logging into your Account or via email.

6.5 In some circumstances you have the right to the erasure of your Personal Data without undue delay. Those circumstances include: when the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; if you withdraw consent to consent-based processing; if you object to the processing under certain rules of applicable data protection law; when the processing is for direct marketing purposes; and if the Personal Data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

6.6 In some circumstances you have the right to restrict the processing of your Personal Data. Those circumstances are: you contest the accuracy of the Personal Data; processing is unlawful but you oppose erasure; we no longer need the Personal Data for the purposes of our processing, but you require Personal Data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your Personal Data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

6.7 You have the right to object to our processing of your Personal Data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

6.8 You have the right to object to our processing of your Personal Data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

6.9 To the extent that the legal basis for our processing of your Personal Data is either consent or performance of a contract (to which you are party or in order to take steps at your request prior to entering into a contract), and such processing is carried out by automated means, you have the right to receive your Personal Data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

6.10 If you consider that our processing of your Personal Data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

6.11 To the extent that the legal basis for our processing of your Personal Data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

6.12 You may exercise any of your rights in relation to your Personal Data by contacting us by logging into your Account or via email.

7. Cookies

7.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but Personal Data that we store about you may be linked to the information stored in and obtained from cookies. Most browsers allow you to refuse to accept cookies and to delete cookies. However, cookies are essential to the correct operation of the Platform and if you block cookies you will not be able to use all the features of the Platform and the Services will not function correctly.

7.2 The Platform uses cookies for the following purposes:

(a) authentication - to identify you when you visit the Platform and as you navigate the Platform (cookies used for this purpose are: tutoroffice_session); and

(b) security - as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect the Platform and Services generally (cookies used for this purpose are: XSRF-TOKEN).

7.3 Insofar as cookies are not strictly necessary for the provision of the Platform and Services, you may be asked to consent to use of cookies when you first visit the Platform.

7.4 Google Analytics is used to analyse use of the Platform and Services. Google Analytics gathers information about Platform use by means of cookies. Google's privacy policy is available at: https://www.google.com/policies/privacy/.

TUTOR CONDUCT POLICY

This Tutor Conduct Policy applies to all Tutors.

Tutor Conduct, Confidentiality & Safeguarding Policy

Whilst undertaking an out-of-school tutoring role, whether in-person or online, with Vision for Education, ABC Teachers or Smart Teachers, you are acting in a position of authority and have a duty of care towards the children, young people and vulnerable adults we work with. Our usual Code of Conduct applies in these bookings equally as it does in all in-school bookings. The primary aim of this policy is fundamentally to protect all children, young people and vulnerable adults during any form of tutoring, whether in-person or online. All safeguarding-related policy and procedure guidance provided by Edwin Supply during registration should be fully read and understood before engaging in any work in tutoring, whether in-person or online. 1. Why are you receiving this policy? You have accepted a role as a tutor for Vision for Education, ABC Teachers or Smart Teachers, as applicable (Edwin Supply), who are providing tuition to students on behalf of their education provider clients (e.g. schools, local authorities or other educational institutions or organisations). This policy explains how we expect you to treat the confidential information you will receive about pupils in the course of your work as a tutor. You will handle highly sensitive personal and private information about pupils. We want to make sure that this is information is well-protected. This policy is also designed to give specific guidance in relation to online tutoring. Whilst it does not form any part of your contract with us; you are required to comply with its terms and objectives, alongside all other applicable policies notified to you from time to time, all staff undertaking work in online education on behalf of Edwin Supply must also adhere to our Social Networking Policy. 2. What is out-of-school tutoring? provider to ensure education for children who are currently unable to attend a physical school setting. Pupils are able to access high-quality tutoring directly from an Edwin Supply tutor. The out-of-school tutoring provided can be: - Provided either in an alternative in-person setting (for example, a library or the pupil's home) or via the secure online tutoring platform, Tutexa - Funded by the child's education provider, such as a school or a local authority, and provided by Edwin Supply Some tutoring may be provided in an in-school setting in conjunction without out-of-school sessions as a hybrid arrangement or an arrangement to help children and young people return to school. 3. Code of Conduct and practical guidance Staff who work with children, young people and vulnerable adults must look out for any signs of risk and report any warning signs. Any safeguarding concerns raised to, or observed by, a tutor must be reported immediately to the Designated Safeguarding Leads at dsl@edwin.supply. Staff must engage with any follow-up process required by the Designated Safeguarding Leads. All peer-on-peer abuse, whether suspected or observed, should be immediately reported to the Designated Safeguarding Leads at dsl@edwin.supply. All staff should read and understand our Safeguarding and Child Protection Policy for further information on the signs of peer-on-peer abuse, cyberbullying and cybercrime. Online Tutoring Full safeguarding and vetting procedures must be carried out and full compliance criteria must be met before a candidate is given access to our online tutoring service platform, Tutexa. Only candidates who have passed our clearance process will be considered for tuition roles and given any access to the online tutoring platform. Anyone alleged to be, or found to be, unsuitable whilst cleared for work in either an online or non-online educational capacity, will have their access to our online tutoring platform immediately revoked and will be subject to our incident handling process as outlined in our Code of Conduct. It is crucial that staff promote online safety for all children, young people and vulnerable adults. All staff should be aware that access to technology is a major contributor and significant component in many safeguarding and wellbeing issues. Children are at risk of abuse online as well as face to face. In many cases, abuse will take place concurrently via online channels and in daily life. Children can also abuse their peers online; this can take the form of abusive, harassing and misogynistic messages, the non-consensual sharing of indecent images, especially around chat groups, and the sharing of abusive images and pornography, to those who do not want to receive such content. All our staff are expected to undertake training in safeguarding principles and guidance. All staff also receive ongoing termly e-bulletins in relation to online safety. We offer free CPD via external training providers, please see our website or contact your local branch for information on additional CPD offerings. When undertaking tuition sessions, you should: - Work with Edwin Supply, parents/carers and education providers to create a safe and positive learning environment for the pupil - Treat pupils and the in-person or online classroom with respect, and promote relationships that are based on openness, honesty, trust and respect - Be responsive, patient and interactive during tuition sessions - Be punctual when attending tuition sessions - Exercise caution when you are discussing sensitive issues with children or young people, and ensure your contact with children and young people is appropriate and relevant to the work of the project you are involved in - Share any concerns you have about your pupil with a parent/carer/legal guardian or responsible adult immediately. - Attend any online tuition from an appropriate space, preferably not within earshot of other individuals within your home for confidentiality reasons. You should not conduct sessions from your bedroom and ensure that backgrounds are neutral and no personal items are in view, e.g. family photos. Consider using a generated blank background within the space. Encourage that, wherever possible, a parent or guardian is within earshot of the student during your online lesson. You are responsible for: - Ensuring that any content that you share with students is appropriate and is filtered in a way that is relevant and acceptable to the studentís needs and learning requirements. - Ensuring that any devices and internet connections that you use during tuition sessions, whether in-person or online, have appropriate privacy and content controls activated to minimise risk of inappropriate content being accessed or displayed - Prioritising the welfare of children and young people by acting within the expectations of our company policies and procedures and in line with the Teachersí Standards, at all times. - Providing a safe learning environment by promoting relationships with students which are based on openness, honesty, trust and respect, whilst striving for best learning outcomes. - Having good awareness of issues to do with safeguarding and child protection and taking action when appropriate - Reporting all concerns about abusive behaviour and following our safeguarding and child protection procedures. Any child protection concerns should be reported to Designated Safeguarding Leads at dsl@edwin.supply. This includes behaviour being displayed by an adult or child, and direct at anybody of any age. - Following our principles, policies and procedures When working with children & young people, you must not: - Allow allegations or concerns to go unreported - Take unnecessary risks - Consume alcohol, smoke or use illegal substances - Develop inappropriate relationships with children and young people - Engage in behaviour that is in any way abusive, including have any form of sexual contact with a child or young person. - Let children and young people have your personal contact details (mobile number, email or postal address) or have contact with them via a personal social media account. As part of your online registration with Edwin Supply, you agree to comply with our Social Networking Policy. Our Social Networking Policy contains broad guidance for online conduct, and compliance with the policy is vital for a role as an in-person or online tutor. 4. Why are we collecting pupils' personal data and what will you have access to? Information about pupils who require tuition is provided to Edwin Supply, for Edwin Supply to provide to the childís tutor, for the tutor to provide an effective tutoring service. Details regarding the pupilís special education needs and social needs are obtained in order to provide an effective and safe tutoring environment, and to ensure that we are aware of any potential risks associated for our tutors. This policy affects all tutors who have access to personal data relating to pupils.. Personal data relating to pupils is provided to you, as their tutor, for you to provide a safe and effective learning environment. The following types of information about the pupil, depending on their individual circumstances, may be provided: - Name - Home address - Date of birth - Age - Medical or health information* - Criminal record information* - Location data - Other information such as social worker and other outside agency involvement, where applicable *considered special category data You must use all personal data to provide a safe and effective tutoring environment for all pupils. If you are providing tutoring via the online platform, in order to safeguard both the tutor and the pupil, the ëMessagesí function on the system will be accessible to employees of the Edwin Group and its group entities to review at all times. Video recordings are made of sessions and held within the Tutexa system; these can be requested to view by the Edwin Group Designated Safeguarding Leads working on behalf of Edwin Supply in case of concern. Messages and video recordings will be retained for one year after the tutoring has ceased. The contents of all communications between tutors, parents and students will go via the online tutoring service platform in order to protect the anonymity of the student to the tutor. The tutor will not be made aware of the email address of the student and will not be able to communicate with them directly outside of the in-person or online tutoring. In some situations, tutors will be provided with personal details about parents/carers/guardians, including personal email address and phone number, in order to facilitate effective out-of-school tutoring. 5. What you can and cannot do with the personal data you are provided with The pupilís data will be provided to you via a secure, password-protected, online file sharing platform. The documents will be set so that they cannot be downloaded ñ they are a view-only document. You are expected to view the information within the platform only and not to attempt to download, screenshot, or otherwise record or save the information elsewhere. You must: - ensure that personal data is at all times secured behind its password in your personal computer and that your personal computer is not left unlocked when you are away from your device - only view personal data where you cannot be overlooked - only view personal data on secure devices and do not use public WiFi when viewing documentation - share any concerns, including any confidential information, with your consultant in Edwin Supply. Each branch has an on-call service which you will have been given the details of during your registration, so you can reach us outside working hours for urgent queries. - inform your Edwin Supply consultant if any devices you use to access the data have been lost or stolen You must not: - use personal data for any personal benefit or profit - disclose personal data to anyone outside of Edwin Supply or the Edwin Group - replicate confidential documents and files When you stop providing tutoring for that pupil, your access to the file containing their personal information will be revoked on our system. 6. Consequences of non-compliance You should always follow this policy and never rely on your reputation or that of our organisation to protect you. Any tutorís failure to uphold this policy will result in our work-finding services being retracted. The right to a formal meeting will not apply, and under our agency worker Terms of Engagement we reserve the right to immediately terminate all bookings and withdraw our services. Depending on the nature of the misconduct, we will also consider our wider responsibility to refer to statutory agencies such as the police and/or the local authority child protection services, and you may face legal consequences. If you become aware of any breaches of this code, you must report them to the Designated Safeguarding Leads at dsl@edwin.supply. We will investigate every breach of this policy. Edwin Supply may review any online tutoring service platform content between tutors and students and will allow access to third parties where any allegation or child protection concern is raised. 7. Updates We keep this Policy under regular review to make sure it is up to date and accurate. Any changes will be noted. The date when this policy was last updated is shown in the table at the top of the policy, and in the footer at the bottom.

SAFEGUARDING POLICY

All Tutors must adhere to our Safeguarding and Child Protection Policy and Online Education Safeguarding Policy at all times.

If you have any safeguarding concerns about any students you are tutoring, please report them to the school's Designated Safeguarding Lead and complete a Record of Concern Form if applicable. If you do not have the contact details of the school's DSL, or if they are not available, please contact your agency DSL - see page 12 (section 8) of our Safeguarding and Child Protection Policy for contact details.

1. Platform Safeguarding Policy

1.2 The aim of this policy is to protect all children, young people and vulnerable adults during any form of online education. All safeguarding related policy and procedure guidance provided by Vision for Education should be fully read and understood before engaging in any work in online education.

1.3 Staff who work with children, young people and vulnerable adults must look out for signs of risk, including peer on peer abuse. Any safeguarding concerns raised to, or observed by, an online tutor must be reported immediately to the Designated Safeguarding Lead, Fiona Baker, at fiona.baker@visionforeducation.co.uk.

1.4 Full safeguarding and vetting procedures must be carried out and full compliance criteria must be met before a candidate is given access to our online education platform. Anyone found to be unsuitable for a role in online education during registration will not be given access to our online education platform.

1.5 Anyone alleged to be or found to be unsuitable whilst cleared for work in either an online or non-online educational capacity will have their access to our online education platform immediately revoked.

1.6 All staff involved in online education will be expected to familiarise themselves with basic safeguarding principles and guidance relating to online safety. Vision for Education offer free CPD via the Educare platform.

PARENT & CARER POLICY

This Policy applies to parents and carers.

1. Why are you receiving this privacy notice?

Your child is participating in tutoring provided by Vision for Education, ABC Teachers and/or Smart Teachers (“Edwin Supply”), which is provided in an out-of-school physical or online setting. Each entity is registered with the Information Commissioner’s Office (“ICO”) to process personal data, and their registration is publicly available on the ICO’s website. Occasionally this tutoring can also be delivered in an in-school setting as part of our provision. Your child’s education provider – which could be their school or local authority – has requested that your child receive tutoring. Their personal data is being used only as necessary to deliver this tutoring. This Privacy Notice for Parents and Carers of Pupils sets out how your child's personal data, (information listed in section 4) which can be used to identify them, is collected and used to deliver the tutoring. The online platform used to deliver any online training will also process your child’s personal data as part of the process. This activity will be covered by their Privacy Notice. This policy also outlines our Code of Conduct and practical guidance for parents and carers of pupils attending tuition sessions provided by Edwin Supply.

2. What is out-of-school tutoring?

Out-of-school tutoring is provided by Edwin Supply on request from your child’s local authority or education provider to ensure education for children who are unable (whether temporarily or permanently) to attend a physical school setting. We also provide catch-up tuition. Pupils are able to access high-quality tutoring from an Edwin Supply tutor. The out-of-school tutoring provided can be: - Provided either in an alternative in-person setting (for example, a library or the pupil’s home) or via the secure online tutoring platform Tutexa - Funded by your child’s education provider, such as a school or a local authority.

Some tutoring may be provided in an in-school setting in conjunction with out-of-school settings as a hybrid arrangement, or an arrangement to help children and young people return to school.

3. Code of Conduct and practical guidance

Tutors are agency workers introduced to your child’s educational provider by Edwin Supply. Our tutors are fully vetted and checked by our compliance team. Our Safeguarding and Child Protection Policy details the checks undertaken and can be found on our website. You can assist your child with their tuition experience by considering some of the following points: - Online and at-home lessons should take place within an open area which is safe and appropriate in your home; please avoid using the child’s bedroom. - Video calls should take place with a neutral backdrop to maintain the privacy of your home. - Have an adult present within earshot of online or at-home tuition sessions. You are always responsible for the welfare of your child during these sessions. Always be present or available during a tuition session, so any concerns encountered by your child can be reported as soon as possible and to ensure that both pupil and tutor are behaving in an appropriate manner. Report any inappropriate behaviour or illegal activity by a tutor to the school or education provider’s Designated Safeguarding Lead. - Report any dispute with a tutor to the school or education provider. - Report any unsolicited communications between the tutor and student if appropriate, and ensure that your child has no inappropriate communication with the tutor outside the tuition session, and that no improper suggestions are made by either child or tutor. Please report any safeguarding concerns directly to your child’s school or education provider’s Designated Safeguarding Lead. - Encourage your child to be punctual to the tuition sessions, and to arrive prepared with the correct equipment where necessary (e.g. pens, notebook etc) - Ensure your child treats their tutor with respect and fairness, and does not use abusive behaviour or language. - Tutors are fully vetted and agree to our full range of policies regarding conduct. Should you have any child protection concerns, please contact an Edwin Supply Designated Safeguarding Lead at dsl@edwin.supply. More details on the process can be found in our Safeguarding and Child Protection Policy. - Ensure you and your child are fully aware of their school’s Safeguarding Policy.

4. Why are we collecting personal data and what personal data is being collected?

Your child’s education provider has selected Edwin Supply to provide tuition. We use information about pupils to deliver that tuition. Information about your child is provided to Edwin Supply in order for the tutor to provide an effective tutoring service. Details regarding the pupil’s special educational and social needs are obtained in order to provide an effective and safe tutoring environment. Occasionally this information is gathered directly from you as the child’s parent or carer either via email or verbally, and can also be provided by your child’s school, local authority, or other education provider. If your child’s education provider has selected your child to receive tuition, the following types of information about your child, depending on their individual circumstances and the information provided as part of Team Around the Child (TAC) guidance, may be collected:

• Name

• Home address

• Date of birth

• Age

• Medical or health information*

• Criminal record information*

• Cookie, pixel or similar information

• Other online or offline monitoring or tracking

• Location data

• Call recordings

• Photographs and video recordings

• Records of correspondence

• Other information such as social worker and other outside agency involvement, where applicable

(*considered special category data)

The tutor will use your child’s personal data to provide a safe and effective tutoring environment for your child. If your child is receiving tutoring via the online platform, for the safeguarding of your child and Edwin Supply’s tutor, the ‘Messages’ function on the system will be accessible to Edwin Group employees to review at all times. Video recordings are made of sessions and held within the Tutexa system; these can be requested to view by Edwin Group Designated Safeguarding Leads working on behalf of Edwin Supply in case of concern. Messages and video recordings will be retained for one year after the tutoring has ceased. We may also collect contact details for you as the pupil’s parent/carer in order to facilitate out-of-school sessions.

5. Who is responsible for deciding how your child’s information is processed and what do we do with the information about your child?

Your child’s education provider remains the data controller of your child’s information. They decide how and what data will be provided to Edwin Supply (who process such personal data as a data processor) for the purposes listed in this notice; Edwin Supply requests that all pupil data is transferred to them in a secure format. Edwin Supply will process your child’s personal data by storing it, and by securely transferring necessary information to your child’s tutor for the tutor to deliver your child’s tutoring. Data collected regarding your child on the online platform Tutexa, such as message history and session recordings, will be used to ensure the safeguarding of your child and the tutor delivering the session.

No automated decisions will be taken about your child when using their personal data. No individuals will be identifiable in any data tables or reports produced internally. For any special category data we are processing about your child (see Section 4), we do not believe this will cause damage or distress. This special category data is obtained in order to ensure a safe and effective learning environment for both your child and their tutor

6. What is the legal basis for these activities?

Edwin Supply process your child’s personal data for the purposes stated in this policy pursuant to a contract that Edwin Supply has with your child’s educational establishment / institution. All personal data that is processed is reasonable and necessary for those purposes.

7. How will your child’s personal data be collected?

We will collect personal data about your child directly from their educational provider, or you as their parent/carer, depending on your child’s individual circumstances. This will include the information referred to in Section 4. Edwin Supply provides a form for collecting data which is completed by you or your child’s education provider before the commencement of any tuition and returned to an Edwin Supply branch consultant securely. Some education providers such as local authorities may have their own standard form which is provided instead which may contain more data. This data is minimised to the essential data required for the provision of tutoring prior to storage and sharing with your child’s tutor. During the course of tutoring, more personal data may be collected in the natural course of the tutoring sessions and, as previously stated, in the case of pupils receiving tutoring via an online platform, records of the messages function and session recordings are available to the Edwin Group as a safeguarding measure for both pupil and tutor.

8. Who will personal data be shared with?

Pupils’ personal data will be shared with the tutor responsible for providing your child’s tutoring. We will be using a secure, password-protected, online file-sharing system to provide your child’s key information to their tutor. Tutors are provided with guidance on the Edwin Group’s expectations on confidentiality and the handling of pupil data. A tutor’s access to the pupil data is withdrawn upon completion of the tutoring, or if your child’s tutor changes. If your child receives online tutoring, your child will be required to use a pupil account with Tutexa. Your child’s education provider, or you, will set up their pupil account, and then pass the log-in details to your child. Your child’s tutor will not have access to your child’s email address or their Tutexa account. There are some instances where Edwin Supply is required to report on pupil attendance and engagement to a pupil’s education provider. Tutoring: Code of Conduct & Privacy Notice for Parents & Carers of Pupils Version 1 | June 2024 67096015v1 5 Your child’s data, including online platform messaging and video recording, is retained by Edwin Supply for up to one year following their last tutoring session. This data may be accessed by a restricted number of Edwin Group employees in the performance of their Data Protection and Safeguarding roles.

9. How is the security of your child’s data maintained?

Edwin Supply have put in place appropriate technical and organisational security measures, in accordance with applicable data protection laws, to prevent pupils’ personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, Edwin Supply and/or Tutexa will limit access to pupils’ personal information to their staff members who have a business need to see it. Any data shared between Edwin Supply and your child’s tutor will be via a secure, password-protected file sharing platform.

10. How long will pupils’ personal data be kept?

Edwin Supply will retain all personal data for the duration of all tutoring, and securely delete any personal data relating to your child one year after their last tutoring session. It is kept for this time period as often pupils return for more tutoring. However, as your child’s parent/carer, you may request for it to be deleted following the conclusion of your child’s tutoring. Online platform and video data will be kept for the duration of one year following the conclusion of your child’s tutoring for safeguarding reasons. Any anonymised or pseudonymised data may be kept for longer for internal reporting purposes; however your child will not be identifiable from this data.

11. Is personal data being transferred outside of the European Economic Area (EEA)?

No personal data is being transferred outside of the EEA for the delivery of your child’s tutoring at any time. All your child’s personal data is hosted within the EEA.

12.What rights do I have over my child’s personal data?

We are processing personal data on the basis of performing a contract with your child’s education provider. As we are not processing on the basis of your consent, you cannot withdraw your consent to our processing of your child’s personal data. Parents can withdraw your child from the tutoring and/or from their data being processed at any time by contacting your child’s educational provider. We appreciate parents’/carers’ support in collecting the data since it is very important for the effectiveness of your child’s tutoring. Should your child withdraw from tutoring, Edwin Supply will still use any anonymised or pseudonymised data created up to that point however, your child is no longer identifiable from that data. Under data protection legislation, you have the right:

• To request access to information that we hold about your child (subject access request)

• To have your child’s personal data rectified, if it is inaccurate or incomplete Tutoring: Code of Conduct & Privacy Notice for Parents & Carers of Pupils Version 1 | June 2024 67096015v1 6

• To request the deletion or removal of personal data where there is no compelling reason for its continued processing • To restrict our processing of pupils’ personal data (for example, permitting its storage but no further processing)

• To object to our processing, and

• Not to be subject to decisions based purely on automated processing where it produces a legal or similarly significant effect on the pupil.

If at any time you wish us to update your child’s data or correct errors in it, please contact dpo@edwin.group. If you wish to make a subject access request, restrict or object to processing, please contact our Data Protection Coordinator at dpo@edwin.group, setting out details of the data you wish to obtain and periods of time which your request relates.

13. Who can I contact about out-of-school tuition?

Your child’s tutor is responsible for the day-to-day delivery of tuition; if you have any queries about this element of the tutoring, please contact the Vision for Education/ABC Teachers/Smart Teachers branch providing the tutor – a list of local branch contacts can be found on the Agency’s website. Your child’s education provider, or you as their parent/carer, determine which data is shared with Edwin Supply for the purposes of providing their tutoring. If you have concerns about which information has been shared about your child, or the means of sharing, we request that you raise your concern with their education provider in the first instance. Edwin Supply determine the purpose and means of sharing your child’s personal data with their tutor for the purposes of providing your child’s tutoring. If you have concerns about which information has been shared about your child, or the means of sharing, we request that you raise your concern with the Edwin Group at dpo@edwin.group in the first instance. If you remain dissatisfied, you can contact the Information Commissioner’s Office, the body responsible for enforcing data protection legislation in the UK, at https://ico.org.uk/concerns. If you have any safeguarding concerns, please report these to an Edwin Supply Designated Safeguarding Lead as soon as possible at dsl@edwin.supply.

14. Updates

We keep this privacy notice under review to make sure it is up to date and accurate. Any changes will be noted. The date when this privacy notice was last updated as shown on the cover page and in the footer at the bottom.

Tutoring: Code of Conduct for Pupils

Your school, or whoever helps with your learning, wants to provide you with some extra help and has arranged for you to have tuition sessions with us. Here are some rules and tips for when you're in these tutoring sessions:

1.1 This policy is provided as an annexe to our existing policies, and it is designed to give policy guidance in relation specifically to online education. This policy applies to all staff, including permanent and temporary employees, supply staff and anyone working on behalf of Vision for Education as an online tutor, or in any other capacity related to online education. Alongside this policy, all staff undertaking work in online education on behalf of Vision for Education must also agree to and adhere to our Tutor Conduct Policy, and our Social Networking Policy.

Teamwork: Work with your tutor to create a fun and safe learning environment.

Respect is key: Treat your tutor and the learning space with respect.

Stay engaged: Be ready to join in and ask questions during the sessions.

Don't be late: Make sure you are on time for your sessions.

Speak up: If something's bothering you about your tutor, tell a grown-up you trust right away.

Safe space: If you're doing the session online, choose a spot where a grown-up can hear you. Avoid using your bedroom and keep personal stuff out of sight.

Homework time: Complete all the tasks your tutor gives you and do your best!

Keep it secure: Do not share your login details or any contact info with your tutor.