Data Retention Policy

  1. Introduction

This Policy sets out the obligations of the Cube Group Training Limited, a company registered in England and Wales under number 10496004, whose registered office is at Riverside Centre, Dickens Road, Gravesend, Kent, DA12 2JY, United Kingdom (“the Company”) regarding retention of personal data collected, held, and processed by the Company in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.

Under the GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the GDPR to protect that data).

In addition, the GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:

  1. Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
  2. When the data subject withdraws their consent;
  3. When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
  4. When the personal data is processed unlawfully (i.e. in breach of the GDPR);
  5. When the personal data has to be erased to comply with a legal obligation; or
  6. Where the personal data is processed for the provision of information society services to a child.

This Policy sets out the type(s) of personal data held by the Company AND/OR by Marketing department of the Company, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.

For further information on other aspects of data protection and compliance with the GDPR, please refer to the Company’s Data Protection Policy.

  1. Aims and Objectives
    1. The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the GDPR.
    2. In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.
  1. Scope
    1. This Policy applies to all personal data held by the Cube Group Training Limited OR Other Departments of the Cube Group Training Limited AND/OR for academic record keeping purpose and other marketing.
    2. Personal data, as held by Cube Group Training Limited OR the above is stored in the following ways and in the following locations:
      1. The Company CRM providers, operated by insightly and located in the USA. 
      2. The Company Cloud provider Zoho, operated by Zoho and located in India.
  1. Data Subject Rights and Data Integrity

All personal data held by the Company is held in accordance with the requirements of the GDPR and data subjects’ rights thereunder, as set out in the Company’s Data Protection Policy.

  1. Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used [as set out in Parts 12 and 13 of the Company’s Data Protection Policy], and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).
  2. Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Company’s use of their personal data, the right to data portability, and further rights relating to automated decision-making and profiling, as set out in Parts 14 to 20 of the Company’s Data Protection Policy.
  1. Technical and Organisational Data Security Measures
    1. The following technical measures are in place within the Company to protect the security of personal data. Please refer to Parts 22 to 26 of the Company’s Data Protection Policy for further details:
      1. All emails containing personal data must be encrypted;
      2. All emails containing personal data must be marked “confidential”;
      3. Personal data may only be transmitted over secure networks;
      4. Personal data may not be transmitted over a wireless network if there is a reasonable wired alternative;
      5. Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself and associated temporary files should be deleted;
      6. Where personal data is to be sent by facsimile transmission the recipient should be informed in advance and should be waiting to receive it;
      7. Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient or sent using courier service.
      8. All personal data transferred physically should be transferred in a suitable container marked “confidential”;
      9. No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from the director of the Company.
      10. All hardcopies of personal data, along with any electronic copies stored on physical media should be stored securely;
      11. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without authorisation;
      12. Personal data must be handled with care at all times and should not be left unattended or on view;
      13. Computers used to view personal data must always be locked before being left unattended;
      14. No personal data should be stored on any mobile device, whether such device belongs to the Company or otherwise without the formal written approval of the Company Director or Authorised Person and then strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary;
      15. No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the Company’s Data Protection Policy and the GDPR;
      16. All personal data stored electronically should be backed up annually with backups stored onsite OR offsite. All backups should be encrypted;
      17. All electronic copies of personal data should be stored securely using passwords and encryption;
      18. All passwords used to protect personal data should be changed regularly and should must be secure;
      19. Under no circumstances should any passwords be written down or shared. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
      20. All software should be kept up-to-date. Security-related updates should be installed as soon as reasonably possible after becoming available;
      21. No software may be installed on any Company-owned computer or device without approval; and
      22. Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Company Director to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.
  1. The following organisational measures are in place within the Company to protect the security of personal data. Please refer to Part 27 of the Company’s Data Protection Policy for further details:
  1. All employees and other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under the Company’s Data Protection Policy;
  2. Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Company;
  3. All employees and other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
  4. All employees and other parties working on behalf of the Company handling personal data will be appropriately supervised;
  5. All employees and other parties working on behalf of the Company handling personal data should exercise care and caution when discussing any work relating to personal data at all times;
  6. Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
  7. The performance of those employees and other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
  8. All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with the GDPR and the Company’s Data Protection Policy;
  9. All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of the GDPR and the Company’s Data Protection Policy;
  10. Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under the GDPR and/or the Company’s Data Protection Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
  1. Data Disposal

Upon the expiry of the data retention periods set out below in Part 7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:

  1. Personal data stored electronically including any and all backups thereof shall be deleted securely using the online erasure method;
  2. Special category personal data stored electronically including any and all backups thereof shall be deleted securely using the online erasure service.
  3. Personal data stored in hardcopy form shall be shredded at least annually;
  4. Special category personal data stored in hardcopy form shall be shredded [to at least annually.
  1. Data Retention
    1. As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.
    2. Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
    3. When establishing and/or reviewing retention periods, the following shall be taken into account:
      1. The objectives and requirements of the Company;
      2. The type of personal data in question;
      3. The purpose(s) for which the data in question is collected, held, and processed;
      4. The Company’s legal basis for collecting, holding, and processing that data;
      5. The category or categories of data subject to whom the data relates;
  1. If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.
  2. Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).
  3. [In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes, or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and organisational measures to protect the rights and freedoms of data subjects, as required by the GDPR.
Type of DataData Protect. IssuesRetention PeriodReason
Governance and Management  
Signed Corporation minutes Staff confidential matters.Life of InstitutionStatutory requirement.
Corporation Papers Staff confidential matters.Current Year +50 yearsGuidance (Jisc)
Governor contact details YTermination of appointment + 6 years.Charity Law
Register of interests YTermination of appointment + 6 yearsCharity Law
Electronic signature (Chair) YTermination of appointmentUrgent Action
Papers relating to capital projects  or other issues where legal claims may arise N12 years 
Property deeds and mortgagesNPermanent
Correspondence relating to important legal matters There may be if dealing with confidential issues relating to staff or students Permanent 
Share Certificates NPermanent
Statutory registers NPermanent
Complaints YCurrent academic year plus 3 years
Management meeting papers and minutesThere may be if dealing with confidential issues relating to staff or studentsCurrent academic year plus 3 years 
Type of Data Data Protect. IssuesRetention Period Reason 
Human Resources
Personnel Files; training records; notes of grievance and disciplinary hearings Y6 years from the end of employment Provision of references and limitation period for litigation 
Staff Application forms; interview notes Y6 months from the date of the interviews Limitation period for litigation 
DBS ChecksNDBS certificates are not keptDBS Update Service Employer Guide June 2014: Keeping children safe in education.July 2015 (Statutory Guidance from Dept. of Education)Sections 73, 74
Pre-employment vetting/checking YRecords should be held on personnel file.An employer’s guide to right to work checks [Home Office May 2015]
Facts relating to redundancies (less than 20) Y3 years from the date of redundancies Limitation period for litigation 
Facts relating to redundancies (20 or more) Y12 years from the date of redundancies Limitation period for litigation 
Income Tax and NI returns; correspondence with Tax Office Y3 years after the end of the financial year to which the records relate Income Tax (Employment) Regulations 1993 
Statutory Maternity Pay records and calculations Y3 years after the end of the financial year to which the records relate Statutory Maternity Pay (General) Regulations 1986 
Statutory Sick Pay records and calculations Y3 years after the end of the financial year to which the records relate Statutory Sick Pay (General) Regulations 1982 
Wages and salary records Y6 years from the last date of employment Taxes Management Act 1970 
Performance Management and Development records Y6 years after the end of the financial year to which the records relate
TLO and Learning Walk recordsY6 years after the end of the financial year to which the records relate
Records and reports of accidents Y3 years after the date of the last entry (or in the case of students under 18, 3 years after their 18th birthday) RIDDOR 1995 
Health Records YDuring Employment Management of Health and Safety at Work Regulations 
Concerns about adults behaviour ( a copy should be given to the individual)YLonger of 10 years/retirement age. Note, should be removed form personnel file is found to be malicious“Keeping children safe in education Statutory guidance for schools and colleges March 2015”; “Working together to safeguard children. A guide to inter-agency working to safeguard and promote the welfare of children March 2015”
Type of Data Data Protect. IssuesRetention Period Reason 
Health, safety and insurance  
Accidents reports and claims  YPermanent 
Insurance records and policesNPermanent
Trips YAcademic year of trip plus one month 
CCTV footageY4 weeks
Type of Data Data Protect. IssuesRetention Period Reason 
Finance
Financial statements N6 years after the end of the financial year to which the records relate
Audit report N6 years after the end of the financial year to which the records relate
Tax records NPermanent 
Bank records N6 years after the end of the financial year to which the records relate
Accounting recordsN6 years after the end of the financial year to which the records relate
Student support funds Y6 years after the end of the financial year to which the records relate
Contracts NPermanent 
Expenses claims and recordsY6 years after the end of the financial year to which the records relate
Lease and Hire AgreementsNPermanent 
Quotations (out) N3 years after the end of the financial year to which the records relate
Type of Data Data Protect. IssuesRetention Period Reason 
Student records 
Application/admissions data YWhilst applicant at college plus one year Guidance to schools 
Inclusion panel recordsY3 years after the end of the financial year to which the records relate
Enrolment data YNon ESF match funded provision (16-19) 6 years after the last payment is made for funded provision therefore 7 years after completion of learning ESF match funded provision 3 years after the final payment from European Commission:2007-2013 ESF Programme 31 Dec. 2022 (confirmation of destruction date will be confirmed by ESFA in writing)2014-2020 ESF Programme 31 Dec. 2030 (confirmation of destruction date will be confirmed by ESFA in writing) As required in funding contract
Attendance data YAs above
Achievement data YAs above
Examination certificates YAs above
Learner progress data e.g. e-trackr assessment scores/units, ALPS)Y3 years after completion of learning (HE quals 5 years – HE)Awarding body requirement
Internal Quality Assurance records Y3 years after completion of learningAwarding body requirement
Learner assessed work (e.g., Coursework)YKeep for 12 weeks after the course end date (for assessment appeals) then return to learners Awarding body requirement
Safeguarding records YUntil young person’s 26th birthday
Quality ReviewsY3 years after completion of learning
COL/LA Progress ReviewY3 years after completion of learning
QAC Audit reports and minutesY3 years after completion of learning
College Dashboard data reportsYCurrent academic year plus 3 years3 year trend plus current year
Sb-contract learner recordsYAs for Lakes College records
Learner medical information Y1 year after completion of learning
Paper application formsY6 years
Type of Data Data Protect. IssuesRetention Period Reason 
Employer details  
Employer information YAs required in funding contract  
Employer contact details Y3 years with opt-in
Type of Data Data Protect. issuesRetention Period Reason 
General Administration 
Visitor signing in records YCurrent year plus 3 yearsFor the purpose of managing and operating the college site.
Type of DataData Protect. IssuesRetention PeriodReason
Photographs
Student Y6 years on systems (indefinitely on internet)
Staff YUntil end of employment
  1. Roles and Responsibilities
    1. The Company’s Data Protection Officer is Ferdinand Joseph-Anton or a Company Director nominated person.
    2. The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection-related policies (including, but not limited to, its Data Protection Policy), and with the GDPR and other applicable data protection legislation.
    3. The Data Protection Officer shall be directly responsible for ensuring compliance with the above data retention periods.
    4. Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Officer.
  1. Implementation of Policy

This Policy shall be deemed effective as of <<insert date>>. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

This Policy has been approved and authorised by:

Name:Ferdinand Joseph-Anton
Position:Director
Date:01st October 2020
Due for Review by:01st October 2021
Signature: