TUSU Privacy Notice – 8-Nov-22

Introduction

TUSU App Ltd is committed to safeguarding your privacy.

This Privacy Notice contains important information about your personal rights to privacy. Please read it carefully to understand how we use your personal data. We may update this Notice from time to time, the date at the top of the notice indicates the last update.

This notice provides you with information about how will process any personal data we collect from you, or which you provide to us, in the course of using our site www.tusuapp.com, our mobile application,when you contact us or when you use our services. 

TUSU App Ltd is the data controller, and we are responsible for your personal data (referred to as “we”, “us”, or “our” in this privacy notice).

 

Contact Details

If you have any queries about how we process your personal data, you can email our Data Privacy Manager on info@tusuapp.com

What information do we collect about you?

We may collect the following categories of information about you, depending on whether you are a Student, a Tutor or a Visitor to our website or mobile application:

  • Identity Data – including your name, date of birth;
  • Contact Details – including your email address, telephone number, billing address;
  • Personal identification documents – such as a driving licence, passport.
  • References – to evidence your suitability to tutor with us.
  • Payment information, such as debit/credit card details or bank details. All payment card information is handled by a third party. We do not handle any payment card information ourselves.
  • Audio-visual recordings of the tuition sessions that take place through our platform.
  • Communication data – including messages you send to a Tutor/Student, files you upload, interactions during the tuition sessions and through the platform, and your communications with us via email.
  • Marketing Data – including your preferences in receiving marketing from us and our third parties and your communication preferences.
  • User Data – including information about your interactions with the TUSU Platform and App such as the pages or content you view, your searches for Tutors, bookings you have made, messages between parties and other actions on the TUSU Platform.
  • Technical Data – including IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the TUSU Platform and App.
  • Cookies and Similar Technologies. We use cookies and other similar technologies when you use our platform, use our mobile app, or engage with our email communications. We may collect certain information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. You can find out more about how we use cookies by viewing our cookie policy.

Special Category Data

We do not collect any Special Category Data without your explicit consent.

When you register on the website as a Tutor, if you wish to provide tutoring to under 18’s, you can ask TUSU to sponsor you to get an Enhanced DBS check and our DBS partner will share the outcome of your DBS check with us.

How do we collect your information?

We collect personal information (as set out in Section 1) in the following ways:

4.1. Directly, when you:

  • provide your information when you interact with us;
  • subscribe to our newsletter or to receive marketing communications; or
  • fill out the contact form on our website;

4.2. Indirectly:

  • when you give permission to other organisations to share it;
  • when you communicate with Tutors/Students on the platform; and
  • through the use of website technology – please see our Cookie Policy for further details.

If you fail to provide your personal data

Where we need to collect personal data by law, under the terms of a contract we have with you, or where we will be otherwise unable to provide you with a service, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel the service we provide to you or our website may not work for its intended purpose, but we will notify you if this is the case.

Why do we process your personal information?

Your information will enable us to provide you with access to the relevant parts of the website and Mobile Application and to supply the services you have requested.

If you are a Student, we will use this data to put you in touch with the Tutor you have contacted, or with Tutors that may be able to help with your tuition request. The information will also enable us to take payments for tuition sessions and contact you, where necessary, concerning our services.

If you are a Tutor, your bank details will allow us to pay you for lessons you have completed.

If you are a Tutor, we will screen your application to ensure that your qualifications and experience make you suitable to tutor with us.

If you are a Tutor and have provided details of individuals you wish to provide a reference, we will contact those individuals and request feedback on your suitability to tutor with us.

Your website use and messaging history will allow us to provide you access to your communications history with Tutors and help us to settle any disputes that may arise.

If you have completed an online tuition session either as a Tutor or a Student, we will record and store them to help with safeguarding and ensuring the quality of online lessons. As a student, you may view a recording after a lesson has taken place. All lessons are recorded and made available for playback to parents and students.

Where you have indicated accordingly, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, SMS, e-mail, social media or direct mail.

We may contact you for internal market research purposes, to find out how we can improve our services to better meet the needs of our users.

We may retain personal data from closed accounts in order to comply with legal obligations, enforce our terms and conditions, prevent fraud, collect any fees owed, resolve disputes, and assist with any investigations and take other actions as permitted by law.

We use your personal information:

  • for the performance of a contract – when you enter into a contract for goods and/or services with us, or where you wish to register an interest in doing so, we will use your personal information to enter into and fulfil our contractual relationship with you;
  • for the purposes of our legitimate interest – to enable you to use the services we offer, to keep you updated on any services we feel may be of interest to you, to ensure that content from our site is presented in the most effective manner for you and your computer/device, to audit/administer our accounts, and to deal with enquires and complaints made by or about you regarding our business;
  • with your consent: or
  • to comply with our legal obligations.

Consent

We will ask for your consent to use your information to send you electronic communications such as newsletters and marketing emails, for targeted advertising and profiling, and if you ever share sensitive personal information with us.

Note: under the Privacy and Electronic Communications Regulation (PECR), if you have engaged with us previously (i.e., purchased services, or expressed interest in purchasing services) then we may send you relevant marketing information, unless you opted out of receiving it. All communication will contain an opt-out option. This regulation is not superseded by GDPR but works in tandem with it. For more information, please see What are PECR? | ICO

You will have the ability to object and opt out of further marketing at any time by emailing info@tusuapp.com

Do we disclose your personal information?

We may disclose your personal information to third parties in the following circumstances:

  • If you are using our service as a Tutor, we may disclose information about you to help match you to new Students. This includes your first name, approximate location, any references you have received and any information you have declared on your public profile.
  • If you are using our service as a Tutor and provide details of criminal convictions (including a DBS certificate or update service details) we will award a DBS-checked status on your profile where your DBS check is found to be clean and within the time restrictions set out within our Terms and Conditions.
  • If you are using our service as a Tutor and provide details of referees, we will contact those individuals, inform them of your desire to tutor with us and seek feedback on your suitability to do so.
  • Third party service providers who process payments on our behalf.
  • Third party service providers who help us develop our business, inform our marketing strategy, and maintain our website and app.
  • Third party service providers who provide cloud storage solutions.
  • Third party service providers whom we use to provide identity verification for Tutor background checks.
  • We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce our Terms and any other agreement, or to prevent fraud.
  • With our professional advisors who have a reasonable need to see it.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

Please note that if you click on, or follow, any links from our site to external websites, our privacy notice will no longer apply. Please check the privacy policies of any such external site before submitting any personal data, as we cannot accept any responsibility or liability in relation to them.

Otherwise than as set out in this privacy notice, we will only ever share your data with your informed consent.

International Transfers

We use data processors who are third parties to provide elements of services for us. We have contracts in place with our data processors, which means that they can only process your information as we have instructed them too. Some of our service providers are located outside of the UK and EEA, so it may be necessary to transfer your data outside of the UK and EEA including to the United States. These countries may not have data protection laws as stringent as those in the EEA. Where we transfer your information outside the UK or EEA this will only be done in accordance with the UK GDPR.

How do we store your data and keep it secure?

We endeavour to ensure that there are appropriate and proportionate technical and organisational measures to prevent the loss, destruction, misuse, alteration, unauthorised disclose of, or access to your personal information.

Your information is only accessible by appropriately trained staff and contracted associates, for the purposes outlined above.

Children’s Data

The privacy of children information is one of our concerns. TUSU services are not intended for use by children under the age of 18 without supervision of their parent or legal guardian. If you are under the age of 18, you will need to ask your parent/legal guardian to set up an account on the TUSU Platform so that you may use the service under their supervision.

We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Privacy Policy by instructing their children to never provide information on our website without their permission.

Social Network Pages

We use social media platforms such as Facebook.  Messages posted on our social media pages are available publicly and we can’t take responsibility for those messages, which are subject to the privacy policies of the application provider and the specific privacy account settings of the user. If you choose to use these platforms, we suggest you familiarise yourself with their privacy information.

Further details of how Facebook processes your personal information, the legal basis it relies on, your rights and Facebook’s contact details can be found at here.

Data Retention

The data we collect from you is the minimum we require to facilitate the lawful processing described in this notice. Personal data is held for only as long as is required for the purpose we collected it or for our legitimate interest purposes. Unless otherwise required by law, your personal data will usually be stored for 7 years from the last date on which you have been active on our Website or App.  However, if before that date:

  • your personal information is no longer required in connection with such purpose(s);
  • we are no longer lawfully entitled to process it; or
  • you validly exercise your right of erasure;

then we will remove it from our records as soon as is practicable.

The other exemptions to this period are online lesson recordings which are held for 1 year, and any DBS certificates, which are only held for a 6 month period (details relating to these certificates are kept for the full 7 years to demonstrate our legitimate awarding of the DBS -checked status).

Should you ask us to stop sending your direct marketing or other electronic communications, we will keep your name on our internal suppression list to ensure that you are not contacted again.

Your Rights

Where we rely on your consent to use your personal information, you have the right to withdraw that consent at any time. This includes the right to ask us to stop using your personal information for direct marketing purposes or to be unsubscribed from our email list at any time.

You also have the following rights:

  • right to be informed – you have the right to be told how your personal information will be used. This statement and other policy statements used on our website and in our communications are intended to provide you with a clear and transparent description of how your personal information may be used;
  • right of access – you can ask for confirmation of what information we hold on you and to request a copy of that information. Provided we are satisfied that you are entitled see the information requested and we have successfully confirmed your identity, we have one calendar month to comply;
  • right of erasure – under certain circumstances you can ask us for your personal information to be deleted from our records;
  • right of rectification – if you believe our records of your personal information are inaccurate you have the right to ask for those records to be updated;
  • right to restrict processing – you have the right to ask for processing of your data to be restricted if there is disagreement about its accuracy or legitimate usage; and
  • the right to data portability – where we are processing your personal information with your consent, because such processing is necessary for the performance of a contract (or enable us to take steps, at your request, prior to entering into a contract) AND that processing is taking place by automated means, you may ask us to provide it to you – or another service provider – in a machine-readable format.

To exercise these rights, please contact us using the contact details in this privacy policy. Where we consider that the information provided does not enable us to identify the personal information in question, we may ask for personal identification and/or further information.

Please note that some of these rights only apply in limited circumstances. For more information, we suggest that you consult ICO guidance – Individual rights | ICO – or please contact us using the details below.

Complaints

If you feel that after contacting us, that we are not acting appropriately with respect to our data privacy, you have the right to contact the governing body. In the UK this is the ICO, the Information Commissioner’s Office, their web pages for handling issues are at:

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

Or by post, telephone or email:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Email: 
casework@ico.org.uk.