1. Introduction
1.1 This Online Community is provided by Potentiality Pty Ltd and its group companies (collectively "Potentiality") for the use of Denstone College (the "Association"), its members and affiliates.
1.2 These Terms and Conditions of Use (these "Terms") govern your use of this Online Community. By using this Online Community you accept these Terms in full.

2. Unauthorised Registration
2.1 You must not:
(a) impersonate or try to impersonate another person;
(b) disclose your password to anyone else;
(c) allow anyone else to use your account; or
(d) use anyone else's account.

3. Unauthorised Use
3.1 You must not use this Online Community in any manner or for any purpose which constitutes or facilitates Unauthorised Use, and you will indemnify Potentiality and the Association for any losses they sustain as a result.
3.2 Potentiality reserves the right to remove or edit any material that it considers, in its sole discretion, constitutes Unauthorised Use.
3.3 For the purposes of these Terms, "Unauthorised Use" means use of this Online Community that:
(a) is unlawful, false, misleading, a breach of confidentiality or privacy, infringes any intellectual property rights or in any manner violates the rights of Potentiality or any other person;
(b) is inappropriate, offensive, obscene, defamatory, malicious, discriminatory, harasses or is likely to cause distress or inconvenience to any person;
(c) is technically harmful to the Online Community or attempts to circumvent security measures; or
(d) otherwise breaches these Terms.

4. Limitation of Liability
To the fullest extent permitted by law:
(a) all terms, conditions, warranties and representations (whether express or implied) relating to this Online Community and the material contained on this Online Community are excluded; and
(b) all liability and responsibility on the part of Potentiality and/or the Association (and any of their directors, officers, employees, related companies or agents) for any loss or damage that may be incurred by you or any other person, including without limitation any direct, indirect, punitive, consequential or special loss or damage, and whether in tort (including, but not limited to, negligence), contract or otherwise, in connection with use of this Online Community or the material contained on it, or any website linked to this Online Community, is hereby excluded.

5. Online Registers
If your Online Community has a register of members of the Association or the school community generally ("Community Members") that can be accessed by other Community Members (a "Register") then you acknowledge and agree that use of the Register will be subject to the following:
5.1 The role of Potentiality and the Association in providing the Register is solely to act as a facilitator to enable Community Members to pass on their knowledge, expertise and/or services to other Community Members.
5.2 Whilst every effort has been taken to ensure the accuracy of the information provided on the Register (and to correct any errors or omissions within a reasonable period of time after being notified of them), neither Potentiality nor the Association guarantees that the Register will be accurate, complete, reliable, current or error-free.
5.3 Material on the Register may be changed, modified or removed at any time without notice.
5.4 Whilst reasonable endeavours will be made to allow uninterrupted access to the Register, access to the Register may be suspended, restricted or terminated at any time.
5.6 You must keep personal information of all Community Members in the strictest confidence.
5.7 A Community Member may update their details or discontinue their involvement with this Register at any time by emailing the site administrator or info@ptly.com.

6. Copyright
All copyright in this Online Community is owned or licensed by Potentiality, except for your personal information and any other information or content provided by you or the Association.

7. Privacy
7.1 Potentiality complies with all applicable privacy laws and is committed to providing you with the highest level of protection in relation to your personal information. Please refer to our privacy policy for further details.
7.2 You agree to the use of "cookies" on the Online Community as set out in our cookie policy.

8. Miscellaneous
8.1 Potentiality reserves the right to vary these Terms from time to time in order to take account of changes to the Online Community or to law. Such variations will take effect immediately upon the posting of the varied Terms on this Online Community. In continuing to use this Online Community, you will be deemed to accept such variations.
8.2 Potentiality may terminate your access to this Online Community at any time without notice. In the event of termination, you are no longer authorised to access the Online Community, but all restrictions imposed on you and all limitations and indemnities set out in these Terms will survive.
8.3 If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
8.4 These Terms will be governed by and construed in accordance with the law which applies at the principal place of business of the Association, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts in that jurisdiction.

DENSTONE COLLEGE PRIVACY NOTICE

Denstone College was founded in 1873 and is an 11-18 co-educational boarding  and day school set in beautiful grounds in rural Staffordshire. Children are encouraged to embrace possibility, both inside and outside the classroom. The College is a wholly owned subsidiary of The Woodard Corporation and is registered with the charity commission under charity number 1102588 and is a limited liability company registered with Companies House under company registration number 05010957. The College has a subsidiary company, Denstone College Enterprises Ltd, company registration number 05181951, whose principal activity is the letting of school premises and retailing. This Privacy Notice is intended to cover the activities of Denstone College Ltd and Denstone College Enterprises Ltd.

WHAT THIS PRIVACY NOTICE IS FOR

This policy is intended to provide information about how the College use (or “process”) personal data about individuals including: its staff; its current, past and prospective pupils; and their parents, carers or guardians (referred to in this policy as "parents") and, in the case of its Enterprise company, its clients. As such Denstone College is the “data controller”.

This information is provided because Data Protection Law gives individuals rights to understand how their data is used. Staff, parents and pupils are all encouraged to read this Privacy Notice and understand the College’s obligations to its entire community – parents, pupils, former parents, our alumni, staff and former staff, as well as any others who have links with the College.

This Privacy Notice applies alongside any other information the College may provide about a particular use of personal data, for example when collecting data via an online or paper form.

This Privacy Notice also applies in addition to the College's other relevant terms and conditions and policies, including:

  • any contract between the College and its staff or the parents of pupils;
  • the College's policy on taking, storing and using images of children;
  • the College's safeguarding, pastoral, or health and safety policies, including as to how concerns or incidents are recorded; and
  • the College's IT policies.

Anyone who works for, or acts on behalf of, the College (including staff, volunteers, governors and service providers) should also be aware of and comply with this Privacy Notice which also provides further information about how personal data about those individuals will be used. 

 

RESPONSIBILITY FOR DATA PROTECTION 

The College has appointed the Head of Compliance as Privacy and Compliance Officer who will deal with all your requests and enquiries concerning the College’s use of your personal data (see section on Your Rights below) and endeavour to ensure that all personal data is processed in compliance with this policy and Data Protection Law.

Enquiries can be submitted via email to pstanley@denstonecollege.net or in writing to the Head of Compliance, Denstone College, Uttoxeter, Staffs, ST14 5HN.

WHY THE COLLEGE NEEDS TO PROCESS PERSONAL DATA

In order to carry out its ordinary duties to staff, pupils and parents, the College needs to process a wide range of personal data about individuals (including current, past and prospective staff, pupils or parents) as part of its daily operation.

Some of this activity the College will need to carry out in order to fulfil its legal rights, duties or obligations – including those under a contract with its staff, or parents of its pupils.

Other uses of personal data will be made in accordance with the College’s legitimate interests, or the legitimate interests of another, provided that these are not outweighed by the impact on individuals, and provided it does not involve special or sensitive types of data.

The College expects that the following uses will fall within that category of its (or its community’s) “legitimate interests”:

  • For the purposes of pupil selection and admission into the College (and to confirm the identity of prospective pupils and their parents);
  • To provide education services, including musical education, physical training or spiritual development, career services, and extra-curricular activities to pupils, and monitoring pupils' progress and educational needs;
  • Maintaining relationships with alumni and the College community, including direct marketing or fundraising activity;
  • For the purposes of donor due diligence, and to confirm the identity of prospective donors, their background and relevant interests;
  • For the purposes of management planning and forecasting, research and statistical analysis, including that imposed or provided for by law (such as tax, diversity or gender pay gap analysis);
  • To enable relevant authorities to monitor the College's performance and to intervene or assist with incidents as appropriate;
  • To give and receive information and references about past, current and prospective pupils, including relating to outstanding fees or payment history, to/from any educational institution that the pupil attended or where it is proposed they attend; and to provide references to potential employers of past pupils and staff;
  • To enable pupils to take part in national or other assessments, and to publish the results of public examinations or other achievements of pupils of the College;
  • To safeguard pupils' welfare and provide appropriate pastoral care;
  • To monitor (as appropriate) use of the College's IT and communications systems in accordance with the College's IT: acceptable use policy;
  • To make use of photographic images of pupils in College publications, on the College website and (where appropriate) on the College's social media channels in accordance with the College's policy on taking, storing and using images of children;
  • For security purposes;
  • To carry out or cooperate with any College or external complaints, disciplinary or investigation process; and
  • Where otherwise reasonably necessary for the College's purposes, including to obtain appropriate professional advice and insurance for the College.

In addition, the College will on occasion need to process special category personal data (concerning health, ethnicity, religion, biometrics or sexual life) or criminal records information (such as when carrying out DBS checks) in accordance with rights or duties imposed on it by law, including as regards safeguarding and employment, or from time to time by explicit consent where required. These reasons will include:

  • To safeguard pupils' welfare and provide appropriate pastoral (and where necessary, medical) care, and to take appropriate action in the event of an emergency, incident or accident, including by disclosing details of an individual's medical condition or other relevant information where it is in the individual's interests to do so: for example for medical advice, for social protection, safeguarding, and cooperation with police or social services, for insurance purposes or to caterers or organisers of school trips who need to be made aware of dietary or medical needs Please note that in order to safeguard pupils' welfare and provide appropriate pastoral care, the school do consider that it is in the legitimate interests of parents and pupils to circulate widely to all staff some conditions (for example details of pupils’ allergies and asthma) which might impact pupils in any situation whilst at school and which would enable a swifter and more effective response to any medical problems by any staff member who is present;
  • To provide educational services in the context of any special educational needs of a pupil;
  • To provide spiritual education in the context of any religious beliefs;
  • In connection with employment of its staff, such as DBS checks, welfare, union membership or pension plans;
  • To run any of its systems that operate with data, such as for security and other forms of pupil identification;
  • As part of any College or external complaints, disciplinary or investigation process that involves such data, for example if there are SEN, health or safeguarding elements; or
  • For legal and regulatory purposes (for example child protection, diversity monitoring and health and safety) and to comply with its legal obligations and duties of care.

TYPES OF PERSONAL DATA PROCESSED BY THE COLLEGE

This will include by way of example:

  • names, addresses, telephone numbers, e-mail addresses and other contact details;
  • car details (about those who use our car parking facilities);
  • bank details and other financial information, e.g. about parents who pay fees to the College;
  • past, present and prospective pupils' academic, disciplinary, admissions and attendance records (including information about any special needs), and examination scripts and marks;
  • personnel files, including in connection with academics, employment or safeguarding;
  • where appropriate, information about individuals' health and welfare, and contact details for their next of kin;
  • references given or received by the College about pupils, and relevant information provided by previous educational establishments and/or other professionals or organisations working with pupils;
  • correspondence with and concerning staff, pupils and parents past and present; and
  • images of pupils (and occasionally other individuals) engaging in College activities (in accordance with the College's policy on taking, storing and using images of children);

HOW THE COLLEGE COLLECTS DATA

Generally, the College receives personal data from the individual directly (including, in the case of pupils, from their parents). This may be via a form, or simply in the ordinary course of interaction or communication (such as email or written assessments).

However in some cases personal data will be supplied by third parties (for example another school, or other professionals or authorities working with that individual); or collected from publicly available resources.

WHO HAS ACCESS TO PERSONAL DATA AND WHO THE COLLEGE SHARES IT WITH

Occasionally, the College will need to share personal information relating to its community with third parties, such as amongst others:

  • professional advisers (e.g. lawyers, insurers, PR advisers, debt recovery agents and accountants);
  • government authorities (e.g. HMRC, DfE, police or the local authority);
  • appropriate regulatory bodies e.g. Teaching Regulation Agency, the Independent Schools Inspectorate, the Charity Commission or the Information Commissioner; and travel agents.

For the most part, personal data collected by the College will remain within the College, and will be processed by appropriate individuals only in accordance with access protocols (i.e. on a ‘need to know’ basis). Particularly strict rules of access apply in the context of:

  • medical records which are held and accessed only by the College doctor and appropriate medical staff under his/her supervision, or otherwise in accordance with express consent; and
  • pastoral or safeguarding files.

However, a certain amount of any SEN pupil’s relevant information will need to be provided to staff more widely in the context of providing the necessary care and education that the pupil requires.

Staff, pupils and parents are reminded that the College is under duties imposed by law and statutory guidance (including Keeping Children Safe in Education) to record or report incidents and concerns that arise or are reported to it, in some cases regardless of whether they are proven, if they meet a certain threshold of seriousness in their nature or regularity. This is likely to include file notes on personnel or safeguarding files, and in some cases referrals to relevant authorities such as the LADO or police. For further information about this, please view the College’s Safeguarding Policy.

Finally, in accordance with Data Protection Law, some of the College’s processing activity is carried out on its behalf by third parties, such as IT and MIS systems and software providers. VISA advisors and processors, photographers, web developers or cloud storage providers. This is always subject to contractual assurances that personal data will be kept securely and only in accordance with the College’s specific directions. We may also use trusted third-party partners to help with the work of the Development Office, such as printing companies, consultants and partners who automate some of our work, including prospect research.

HOW LONG WE KEEP PERSONAL DATA

The College will retain personal data securely and only in line with how long it is necessary to keep for a legitimate and lawful reason. Typically, the legal recommendation for how long to keep ordinary staff and pupil personnel files is up to seven years following departure from the College. However, incident reports and safeguarding files will need to be kept much longer, in accordance with specific legal requirements, and the College will look to implement the recommendations contained within the IRMS guidance.

If you have any specific queries about how our retention policy is applied, or wish to request that personal data that you no longer believe to be relevant is considered for erasure, please contact the Head of Compliance. However, please bear in mind that the College will often have lawful and necessary reasons to hold on to some personal data even following such request.

A limited and reasonable amount of information will be kept for archiving purposes, for example; and even where you have requested we no longer keep in touch with you, we will need to keep a record of the fact in order to fulfil your wishes (called a "suppression record").

A selection of personal data is retained permanently for research, statistical or historical purposes in the College’s Archives. The Archives exist to preserve material relating to the origins and development of the College as well as to the activities and achievements of its staff and pupils. Personal data may be contained in paper and digital records as well as photographs, audio-visual material, uniform, artwork and objects.

KEEPING IN TOUCH AND SUPPORTING THE COLLEGE 

The College will use the contact details of parents, alumni and other members of the College community to keep them updated about the activities of the College, or alumni and parent events of interest. Updates will be sent by publications and newsletters, by email, by professional networks and by post. Unless the relevant individual objects, the College will also: 

  • Share personal data about parents and/or alumni, as appropriate, with organisations set up to help establish and maintain relationships with the College community, such as the Friends of Denstone
  • Contact parents and/or alumni (including via the organisations above) by telephone, social media, text message, post or email in order to promote and raise funds for the College and, where appropriate, other worthy causes
  • Collect information from publicly available sources about parents' and former pupils' occupation and activities, in order to maximise the College's fundraising potential.
  • Should you wish to limit or object to any such use, or would like further information about them, please contact pstanley@denstonecollege.net. You always have the right to withdraw consent, where given, or otherwise object to direct marketing or fundraising. However, the College is nonetheless likely to retain some of your details (not least to ensure that no more communications are sent to that particular address, email or telephone number).

YOUR RIGHTS

Rights of access, etc.

Individuals have various rights under Data Protection Law to access and understand personal data about them held by the College, and in some cases ask for it to be erased or amended or have it transferred to others, or for the College to stop processing it – but subject to certain exemptions and limitations. 

Any individual wishing to access or amend their personal data, or wishing it to be transferred to another person or organisation, or who has some other objection to how their personal data is used, should put their request in writing to the Head of Compliance using the contact details at the start of this document. It is important that subject access requests follow this route since some staff may not actively monitor their post or emails during school holidays.

The College will endeavour to respond to any such written requests as soon as is reasonably practicable and in any event within statutory time-limits (which is one calendar month in the case of requests for access to information).

The College will be better able to respond quickly to smaller, targeted requests for information. If the request for information is manifestly excessive or similar to previous requests, the College may ask you to reconsider, or require a proportionate fee (but only where Data Protection Law allows it).

Requests that cannot be fulfilled

You should be aware that the right of access is limited to your own personal data, and certain data is exempt from the right of access. This will include information which identifies other individuals (and parents need to be aware this may include their own children, in certain limited situations – please see further below), or information which is subject to legal privilege (for example legal advice given to or sought by the College, or documents prepared in connection with a legal action).

The College is also not required to disclose any pupil examination scripts (or other information consisting solely of pupil test answers), provide examination or other test marks ahead of any ordinary publication, nor share any confidential reference given by the College itself for the purposes of the education, training or employment of any individual.

You may have heard of the "right to be forgotten". However, we will sometimes have compelling reasons to refuse specific requests to amend, delete or stop processing your (or your child's) personal data: for example, a legal requirement, or where it falls within a legitimate interest identified in this Privacy Notice. All such requests will be considered on their own merits.

Pupil requests

Pupils can make subject access requests for their own personal data, provided that, in the reasonable opinion of the College, they have sufficient maturity to understand the request they are making (see section Whose Rights? below). A pupil of any age may ask a parent or other representative to make a subject access request on their behalf.

Indeed, while a person with parental responsibility will generally be entitled to make a subject access request on behalf of younger pupils, the law still considers the information in question to be the child’s: for older pupils, the parent making the request may need to evidence their child's authority for the specific request. 

Pupils at aged 13 and above are generally assumed to have this level of maturity, although this will depend on both the child and the personal data requested, including any relevant circumstances at home. Slightly younger children may however be sufficiently mature to have a say in this decision, depending on the child and the circumstances.

Parental requests, etc.

It should be clearly understood that the rules on subject access are not the sole basis on which information requests are handled. Parents may not have a statutory right to information, but they and others will often have a legitimate interest or expectation in receiving certain information about pupils without their consent. The College may consider there are lawful grounds for sharing with or without reference to that pupil.

Parents will in general receive educational and pastoral updates about their children, in accordance with the parent contract. Where parents are separated, the College will in most cases aim to provide the same information to each person with parental responsibility, but may need to factor in all the circumstances including the express wishes of the child. Financial information will not be shared with any parent who has, by exception and in rare situations, passed sole financial responsibility for fees and extras to the other parent with the express agreement of the College.

All information requests from, on behalf of, or concerning pupils – whether made under subject access or simply as an incidental request – will therefore be considered on a case by case basis.

Consent

Where the College is relying on consent as a means to process personal data, any person may withdraw this consent at any time (subject to similar age considerations as above). Examples where we do rely on consent are certain types of uses of images and certain types of fundraising activity. Please be aware however that the College may not be relying on consent but have another lawful reason to process the personal data in question even without consent.

That reason will usually have been asserted under this Privacy Notice, or may otherwise exist under some form of contract or agreement with the individual (e.g. an employment or parent contract, or because a purchase of goods, services or membership of an organisation such as an alumni or parents' association has been requested).

Whose rights?

The rights under Data Protection Law belong to the individual to whom the data relates. However, the College will often rely on parental authority or notice for the necessary ways it processes personal data relating to pupils – for example, under the parent contract, or via a form. Parents and pupils should be aware that this is not necessarily the same as the College relying on strict consent (see section on Consent above).

Where consent is required, it may in some cases be necessary or appropriate – given the nature of the processing in question, and the pupil's age and understanding – to seek the pupil's consent. Parents should be aware that in such situations they may not be consulted, depending on the interests of the child, the parents’ rights at law or under their contract, and all the circumstances.

In general, the College will assume that pupils’ consent is not required for ordinary disclosure of their personal data to their parents, e.g. for the purposes of keeping parents informed about the pupil's activities, progress and behaviour, and in the interests of the pupil's welfare. That is unless, in the College's opinion, there is a good reason to do otherwise.

However, where a pupil seeks to raise concerns confidentially with a member of staff and expressly withholds their agreement to their personal data being disclosed to their parents, the College may be under an obligation to maintain confidentiality unless, in the College's opinion, there is a good reason to do otherwise; for example where the College believes disclosure will be in the best interests of the pupil or other pupils, or if required by law.

Pupils are required to respect the personal data and privacy of others, and to comply with the College's rules and regulations. Staff are under professional duties to do the same covered under the relevant staff policies.

DATA ACCURACY AND SECURITY 

The College will endeavour to ensure that all personal data held in relation to an individual is as up to date and accurate as possible.  Individuals must please notify the Headmaster’s Office, hmoffice@denstonecollege.net, of any significant changes to important information, such as contact details, held about them.   

An individual has the right to request that any out-of-date, irrelevant or inaccurate information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law): please see above for details of why the College may need to process your data, of who you may contact if you disagree.

The College will take appropriate technical and organisational steps to ensure the security of personal data about individuals, including policies around use of technology and devices, and access to College systems. All staff and governors will be made aware of these policies and their duties under Data Protection Law and receive relevant training. 

THIS POLICY

The College will update this Privacy Notice from time to time. Any substantial changes that affect your rights will be provided to you directly as far as is reasonably practicable.

QUERIES AND COMPLAINTS 

Any comments or queries on this policy should be directed to the Head of Compliance using the following contact details; pstanley@denstonecollege.net or Head of Compliance, Denstone College, Uttoxeter, Staffs, ST14 5HN.

If an individual believes that the College has not complied with this policy or acted otherwise than in accordance with Data Protection Law, they should utilise the College’s Complaints Procedure (for parents) or grievance procedure (for staff) and should also notify the Head of Compliance You can also make a referral to or lodge a complaint with the Information Commissioner’s Office (ICO), although the ICO recommends that steps are taken to resolve the matter with the College before involving the regulator. 

Scope

This policy relates to all fundraising activities undertaken directly by Denstone College through its Development Office, staff, volunteers and contractors for the benefit of the College.

It applies also to the work of the College’s Fundraising Committee and other structures created to assist with the delivery of fundraising initiatives.

Guiding Principle

Our fundraising approach is to act fairly, transparently and ethically in the best interests of serving the College’s charitable objectives and those in our community. Above all, we value most highly the relationships we have with members of the Denstone College community, including current pupils and parents, alumni and former parents and staff, friends of the College and more widely. We will seek at all times to protect our relationship with our supporters and in doing so to treat them with respect and integrity.

The College believes and maintains the principle that, wherever possible, all gifts should be made:


• Without coercion and as an informed decision.
• With full transparency and agreement regarding the use of the gift by the College.
• In full confidence that the donor will be acknowledged and recognised as they wish.

Overview

The College Council (the Governing body) has an overriding duty to act in the interests of Denstone College. The ultimate responsibility for ensuring the College conducts its fundraising activities ethically, and in adherence with this policy, rests with the Council.

All fundraising undertaken by the College Development Office shall be agreed, monitored and reviewed by the Fundraising Committee and confirmed by the Council.

The Council will permit the College’s Development Office actively to seek funding for mutually agreed projects provided that they:


• are fully costed (including all additional staff and running costs);
• are approved by the College Senior Leadership Team and formally approved by Council as being strategically important in improving the provision of education at the College;
• fit with the College’s charitable objectives, namely to promote and advance the College’s charitable aims and objectives.

Rights of Donors and Prospective Donors

1. All fundraising solicitations by or on behalf of Denstone College will disclose the College’s name, registered address, charity number and purpose for which the funds are requested. Printed solicitations (however transmitted) will also include full contact information.

2. Donors and prospective donors are entitled to the following, promptly on request:
• the most recent published Annual Report and Accounts;
• confirmation of Denstone College’s charitable status;
• the names of those serving on Council, the Fundraising Committee and those in positions of fundraising leadership of the College;
• a copy of this policy.

3. Donors and prospective donors are entitled to know, upon request, whether an individual soliciting funds on behalf of the College is a volunteer, an employee or a contractor working for a paid third party organisation.

4. If deemed appropriate and in recognition of sensitivities in this area, donors may be encouraged to seek independent advice if the College has any reason to believe that a proposed gift might significantly affect the donor’s financial position, taxable income, or relationship with other family members.

5. Donors’ requests to remain anonymous will be respected.

6. Donors and prospective donors will be treated with respect. Every effort will be made to honour their requests as to:
• the frequency of solicitations;
• solicitation by telephone or other technology;
• printed material concerning the College.

7. All donors who inform us that they have left a legacy to Denstone College will be invited to become a member of the College’s 1868 Society.

Solicitation of donations

1. The College is registered with the Fundraising Regulator and adheres to the Code of Fundraising Practice. All staff involved in fundraising should read and be familiar with those parts of the Code which are relevant to their work.

2. Fundraising solicitations on behalf of Denstone College will:
• be truthful;
• accurately describe the Development Office’s activities and intended use of donate funds;
• respect the dignity and privacy of those who benefit from the Development Office activities.

3. The College’s Development Office will obtain the written permission of all persons mentioned in case studies and other promotional material (including photographs) prior to publication.

4. Volunteers, staff and contractors who solicit or receive funds on behalf of the College shall:
• adhere to the provisions of this code;
• act with fairness, integrity and in accordance with all applicable laws;
• adhere to the provisions of applicable professional codes of ethics and standards of practice meeting the requirements of the Charity Commission, the ICO, the Fundraising Regulator and other regulatory bodies;
• cease solicitation of a prospective donor who identifies solicitation as a harassment or undue pressure;
• disclose to the Chair of the Fundraising Committee any actual or apparent conflict of interest;
• not accept donations for purposes that are inconsistent with the College’s objectives or mission.

5. Paid fundraisers, whether staff or consultants, will be compensated by a salary, retainer or fee, and will not be paid finders’ fees, commissions or other payments based on either the number of gifts received or the value of the funds raised. Compensation policies for fundraisers, including performance-based compensation practices (such as salary increases or bonuses) will be consistent with the College’s policies and practices that apply to non-fundraising personnel.

Means of Solicitation

The College employs a range of direct solicitation methods which include telethons, emails and letters, as well as face-to-face approaches.

Telethons

The College seeks to contact, by phone, alumni and current parents. Some existing donors are contacted in order to thank them for their continuing support, update them on news from the College and, in some cases, invite them to increase their donation. All those to be called for the purpose of a donation receive pre-call correspondence (either in hard copy or by email) giving them the opportunity to opt out of that particular telethon or of telethons in general.

Anyone who wishes to be excluded from telethons is removed from the calling list. If, during a telephone campaign, anyone asks not to be called, or not to be solicited at all, they are removed from the calling list. If a caller, a member of the Development Office team or other member of the College becomes aware that an individual may be distressed to receive a call, or not have the capacity to make an informed decision on the telephone, they are removed from the calling list.

Calls are made from dedicated phone lines, not from the College phone lines, and anyone who wishes to call back will receive a message with the number of the Development Office should the recipient wish to contact the College.

Callers are expected to be recent Denstone College leavers. All callers will give their name and state that they are calling on behalf of Denstone College. They are professionally trained at the start of every telethon, and expected to speak to each other and those they call with courtesy and respect. One of the purposes of the call is to solicit a donation, but it is also to check contact details, convey news from the College, seek feedback on events and publications and gather support for the careers network. When it comes to asking for a donation, callers are informed about the projects for which the College seeks support and given guidance about how to ask. They follow the legal requirements when asking for direct debits and gift aid. The College employs a telethon consultant to oversee the telethon and to provide supervision during the calling. The College enters into a formal, written agreement with the consultants. Training is provided by members of the Development Office and a consultant. A member of the Development team visits the call room every during calling day – either in person or virtually in the case of an off-site telethon - reviews the call notes and sends a letter to everyone who receives a call.

Under no circumstance will a caller be aggressive – requests for donations are made carefully to ensure that no-one feels pressured into making a gift. Callers are employed by the College and paid an hourly rate for the time that they work. Their salary is not calculated on the amount they raise, so they do not feel undue pressure to focus on the fundraising element of the call, but can pay equal attention to building or strengthening the relationship alumni have with the College.

Direct Mail

On occasions, hard-copy fundraising materials, usually including a brochure about supporting Denstone College and a donation form, are sent out. The Development Office checks that those who have requested that they are not mailed, or are not solicited, will not receive these solicitations. Such requests are recorded on the database. Every attempt is made to ensure deceased constituents are excluded from such mailings.

Face-to-face solicitations

Fundraising members of the College, particularly the Director of Development, meet potential and current donors where appropriate to solicit gifts. The solicitation of a major gift is likely to entail a series of meetings.

Every request for a meeting, whether made by letter, email or telephone, where a solicitation, or a conversation leading to a solicitation is envisaged will explicitly indicate this is the purpose, or part of the purpose, in the request. The fundraiser would not typically accept a gift as ‘cash in hand’ on the day of the meeting. If during the course of the meeting, the fundraiser believes that the potential donor is not capable of making an informed decision about a donation, such a donation will not be solicited. In such circumstances, a note would be made on the database.

Email

From time to time, alumni and other potential donors are contacted by email and this includes information about donations such as links to the giving pages of the website. The College can always be identified as the originator of the message. It is always possible to opt out of receiving email communications. The College website also contains a range of material about how and why people might support Denstone College by making a donation.

Acceptance of donations

All gifts given for a restricted purpose will be received and used solely for the purpose agreed between the donor and the College. Some gifts are unrestricted and are therefore spent at the College’s discretion. The full value of every gift (including gift aid if applicable) is used for the charitable purposes of the College.

The Governing Body of the College may decide to refuse the offer of a donation because the purpose of the donation does not match its fundraising objectives or if there is doubt about the appropriateness or legality of the source. Should a donation be refused for any reason, records will be kept to indicate why it was refused and any such refusal will be couched in appropriate language so that it does not cause offence.

In no circumstances will a gift be accepted where the donor expects a place or position at the College to be offered, and in no circumstances will such a place or position be offered in recognition of a donation.

Key criteria for accepting gifts are:
• all gifts adhere to the College’s aims in ways which meet their objectives and are productive and reasonable;
• the gift is applied for the purpose for which it was donated and meets the donor’s wishes;
• the source of the donation is morally acceptable to the College, in line with the College’s aims and objectives and values;
• the completion of the project for which donations are accepted should be achieved. If the project is not completed or there are excess funds, then by law (and morally) the gift should be returned to the donor unless they agree to change the purpose of their donation;
• all gifts are accepted as voluntary contributions and not in lieu of tuition or other fees;
• the decision of a parent/guardian to make or not make a gift to the College will have no bearing on the academic, sporting or extracurricular opportunities open to an individual pupil.

The College will only decline a donation if it is felt by the Fundraising Committee, and endorsed by Council, that the gift:
• would impair the Development Office in fulfilling its objectives, particularly with respect to supporting the College;
• is damaging to the objectives of the College, its agreed policies or its beneficiaries;
• consists of goods, property, or services which the College cannot lawfully use, convert, sell or exchange in direct support for its charitable aims;
• is dependent on the fulfilment of unacceptable conditions applied by the donor, for example if Council believed such conditions would place the assets of the College in undue or inappropriate risk;
• may require action that is potentially illegal;
• could seriously damage the reputation of the College;
• creates a serious conflict of interest;
• involves a suspicious transaction;
• involves the acceptance of funds from proscribed organisations, designated individuals or sanctions targets;
• harms the College’s relationships with stakeholders (e.g. donors, alumnae, parents, staff, pupils etc.).

Gift Aid and Tax Efficient Giving

The College does not attempt to claim gift aid on any donations which do not meet HMRC guidance, but it is committed to reclaiming gift aid on all gifts made by UK taxpayers where a Gift Aid Declaration has been made. To that end, every acknowledgement letter to a donor who has gift-aided his/her gift serves as a receipt for tax purposes. Donors may be provided with a schedule of their donations during the course of a tax year to assist with their income tax returns, if they request this information.

Handling of donations

In line with the Fundraising Regulator best practice, cash and cheques are banked at the earliest possible opportunity. Cash and cheques that have not yet been banked are stored securely. Charity vouchers such as those made through the Charities Aid Foundation (CAF) are sent to CAF to be processed and the money is passed to the Development Office by bank transfer. The handling of card transactions is PCE-DSS compliant.

Donations of shares are co-ordinated between the donor and the College Bursar.

Data Protection

Data will be processed, stored and accessed in line with the requirements of GDPR legislation as outlined in the College’s Privacy Notice.
• The privacy of donors and prospective donors will be respected. Any donor records that are maintained by the College’s Development Office will be kept secure and confidential. Records will only be accessed by members of the Development Office, Finance Office and, in some circumstances, the Head of Careers. Donors and prospective donors have the right to see their own records and to challenge their accuracy.
• There will always be the option available to opt out of fundraising communications, and appropriate wording and notification will be made clearly on all fundraising materials, however presented.
• The College will never sell any data to a third party. Nor will we share any personal data pertaining to existing and prospective donors, other than with approved representatives of the College who are involved in activities relating to data analysis and/or data correlation for administrative purposes and fundraising feasibility analysis, and this will always be protected by full compliance to data regulation such as GDPR.

Acknowledgement, Recognition and Stewardship Denstone

College is committed to the public and private recognition of its donors where it is desired. Each donor can expect to receive a formal and personalised letter from the Headmaster or the Development Office. Other forms of recognition are offered in line with the value of the gifts, such as an invitation to visit and named plaques at the College.

Financial Accountability

1. The registering of donations and maintaining of the Development Office budget will be overseen by the Development Director in collaboration with the Bursar. All financial matters will be conducted in a responsible manner, consistent with the ethical obligations and the legal requirements of the Charity Commission.

2. All donations will be used to support the objectives of Denstone College.

3. All donations given for specific purposes will be applied in accordance with a donors wishes. If necessary due to programme or organisational changes, alternative uses will be discussed where possible with the donor or the donor’s legal representative.

4. Annual financial reports will:
• be audited as part of Denstone College’s accounts;
• be factual and accurate in all material respects;
• disclose the total amount of fundraising expenses;
• identify government grants and contributions separately from other donations;
• be prepared in accordance with generally accepted accounting principles and standards;

5. The cost effectiveness of the Development Office’s fundraising programme and costs incurred will be reviewed by the Fundraising Committee which will report at each Council meeting.

Serious Incident Reports

The College is committed to reporting serious incidents to the Charity Commission.

A serious incident is an adverse event, whether actual or alleged, which results in, or risks, significant:
• Loss of a charity’s money or assets
• Damage to a charity’s property
• Harm to a charity’s work, beneficiaries or reputation

Examples of serious incidents which could arise in connection with fundraising include:
• Suspicions or allegations of criminal activity including theft, fraud, bribery and money laundering
• Suspicious financial transactions, suspicious or unverified donors particularly if the donation or series of donations totals £25,000 or more
• Circumstances in which a report has to be made to the Information Commissioner’s’ Office
• Links to terrorism through donors
• Investigation by the police or another regulator, significant adverse findings by a regulator, or significant penalty from a regulator
• Harm to beneficiaries or donors/the public
• Circumstances attracting negative media attention or adversely affecting the College’s reputation

If staff or volunteers believe there may have been a serious incident, they must immediately inform their line manager and the Development Director. The Development Director shall apply the procedures of the College for the consideration, management and reporting of serious incidents. Staff or volunteers may in addition report serious incidents using the whistleblowing policies of the College.

Our fundraising complaints procedure

We have a dedicated procedure for responding to any complaints about our fundraising. We'll acknowledge all complaints (if made in writing) within five working days, and give a more detailed response (if needed) within 20 working days.

See Appendix 1 for the College’s fundraising promise and making a complaint if there are concerns.

We're usually able to resolve any concerns. But if you're not entirely happy with the way we've handled yours, you can make a further complaint to the Headmaster of Denstone College or to the Fundraising Regulator.

We value your feedback and take every comment seriously. Please contact us: By phone: (9.00am-5pm, Monday to Friday) 01889 590484 By letter to: The Development Office, Denstone College, Uttoxeter, Staffordshire, ST14 5HN By email: jteather@denstonecollege.net  

Appendix 1

Denstone College’s Fundraising Promise We should always treat our supporters and potential supporters with respect and integrity which is why we’ll always take any concerns about the way we work seriously.

Our fundraising promise to you:


• We are committed to high standards
• We are honest and open
• We are clear
• We are respectful
• We are fair and reasonable
• We are accountable

We're determined not to let you down. But mistakes can happen. So if you are ever unhappy with anything we’ve done whilst fundraising - please tell us. We'll do our very best to investigate your complaint and resolve it swiftly.