nasen policies and legal

nasen privacy, legal and terms and conditions 

Terms and Conditions

Terms & Conditions

The following terms and conditions govern nasen Membership and the benefits available thereunder. All persons subscribing to nasen are urged to read the membership terms and conditions carefully before placing any order.

We are the National Association for Special Educational Needs (Nasen), a charitable company limited by guarantee with charity number 1007023 and company number 2674379. Our registered office and contact address is: nasen House, 4/5 Amber Business Village, Amber Close, Amington, Tamworth, Staffordshire, B77 4RP. We are referred to throughout these terms and conditions as “we”, “us” or “nasen”.

Unless specifically stated otherwise, these terms and conditions apply to both consumers and businesses.

1. Payment and membership

  • All payments are due upon receipt of invoice. If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items, event places, products or subscriptions purchased. If no payment is received, no items/benefits will be shipped and no bookings will be validated.
  • Payment can be made by credit card (Visa or MasterCard), cheque, BACS or Direct Debit. If membership payment remains outstanding we will notify you by telephone, email or letter.
  • Membership is fixed from the day membership is activated until the end of the current calendar year. (“Subscription Period”). Membership may overlap until the end of the following calendar year, depending on join date. Membership will be activated upon receipt of payment.
  • Unless your membership is cancelled or terminated, it will be automatically renewed at the end of the Subscription Period and a new fixed Subscription Period of one calendar year will commence. If you do not want your membership to renew, it is your responsibility to cancel your membership in accordance with the below.
  • On renewal of membership, payment for the full Subscription Period will be due one the first day of the Subscription Period. Where payment is not received within one month of becoming due, membership will be considered lapsed.
  • We reserve the right to terminate membership and / or suspend the Subscription Period and the provision of all products and services provided to members until payment in full has been received. If we receive full payment before we have terminated your membership, the Subscription Period will continue from the date we receive payment (and the period of suspension will not count towards the Subscription Period).

2. Cancellation and Refunds

  1. Cancellation by consumers within the 14 day Cooling Off Period

This clause 2(a) only applies if you are a consumer

  • If you change your mind about membership, a product or event ordered, you may cancel this agreement at any time within:
    • in the case of membership, fourteen  working days, beginning on the day after you received our written confirmation that your membership has been activated;
    • in the case of product orders, fourteen  working days, beginning on the day after the product was delivered to you; or
    • in the case of event order, fourteen  working days, beginning on the day after you received our written confirmation that your event booking was successful

(in each case, the “Cooling Off Period”).

  • Where you cancel this agreement within the Cooling Off Period, you will receive a full refund of the price of the membership, product or event (as applicable).
  • In the event of cancellation (whether or not within the Cooling Off Period), you must return any products delivered to us.
  1. Cancellation outside of the 14 day Cooling Off Period and Refunds

This clause 2(b) applies to both consumers and business customers.

  • Where the Cooling Off Period does not apply, you may cancel your membership at any time, but if you do, we are not obliged to refund any part of the membership fee, unless we have breached a material term set out in these Terms and Conditions or are otherwise required by law. In all other circumstances, a refund will be at our discretion.
  • If you are a consumer you have certain legal rights in relation to the products and services we provide. In particular, you may have the right cancel this agreement or require a refund, repair or replacement (in each case, where applicable) for faulty, mis-described or incorrectly delivered services. Nothing in these terms and conditions affect or limit your legal rights. For further advice on your rights in relation to cancellation (whether or not within the Cooling Off Period), please refer to your local Citizens Advice Bureau or Trading Standards office.
  • Where we refund money to you (either because we are obliged to or otherwise agree to), we will usually refund any money received from you using the same method originally used by you to pay for your purchase, but you agree that we may select a reasonable alternative payment method if we so require.

3. Our Contract with You, Dispatch and Delivery

  • Our acceptance of your order for membership, a product or event booking will be when we confirm to you that your order has been accepted after we receive your payment. No product or benefit will be dispatched by Nasen until payment has been received in full.
  • Unless we have agreed a time for delivery of membership benefits, event benefits, products and/or publications we agree to deliver all such benefits, products and publications without undue delay (and, in any event, not more than 30 days) following receipt of payment in full.
  • Unless we have agreed otherwise, the method for delivery of membership benefits, event benefits, products and publications will be at our sole discretion. The place of delivery will be the main address that you have supplied to us on record, unless explicitly stated at the time a specific order is made.
  • If you are a business customer time for delivery shall not be of the essence. This does not apply to you if you are a consumer.
  • If the Products delivered to you do not include all of the Products that you ordered in any particular order or include incorrect Products:
    • If you are a business customer you must inform us in writing within 7 working days from the date of delivery (or scheduled date of delivery in the case of late deliveries). If you do not, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the Products not delivered or the cost of replacing such Products.
    • If you are a consumer, we ask that you inform us as soon as possible so that we can address any issues promptly. Our responsibility for loss or damage suffered by as you as a result of late, incomplete or incorrect delivers is limited to the price of the Products not delivered or the cost of replacing such Products, together with any other losses that, at the time of entering into this contract were obvious to both you and us or you and us both knew might happen (for example, you mentioned it to us at the time you placed the order).
  • If you are a business customer, in cases of non-delivery arising through third party failures or lost mailings, we will not be held responsible for any loss or damage suffered by you as a result, and the issuing of any refund or replacement will be at our discretion.

4. Membership Levels

  • “member” and “membership” do not mean company member/membership and for the avoidance of doubt members are not company members under section 112 of the Companies Act 2006 and, therefore, cannot vote at general meetings.
  • Individual membership belongs to the individual (acting as a consumer, outside of their course of business) and not to the organisation, regardless of who pays for the membership. Any dispute arising from this must be resolved by the member and their organisation. You will be issued with a reference number which you should use when calling us to help identify you quickly.
  • It is the Individual Member's responsibility to keep their reference number confidential. Nasen reserves the right to withdraw or suspend Membership or to prevent any member from renewing membership if, in nasen’s reasonable opinion the member is misusing the membership benefits (for example, allowing someone else to use the benefits of their membership package).
  • Organisational membership is intended for direct employees of the named member organisation on record. Employees must be based at this registered address. Unless otherwise agreed with nasen, Parent or other companies within a corporate group, trust or chain are required to take out a separate organisational membership if employees of those companies wish to receive member benefits. 
  • You must inform us immediately if your organisation no longer fits the category criteria. You will be required to pay the relevant increased fee should any extension of membership benefits be made to ineligible third parties. If your organisation downgrades during a Subscription Period then any entitlement to pay a reduced fee will take effect upon renewal of your account (i.e. from the beginning of the next Subscription Period). Nasen cannot offer refunds to any organisation that downgrades during their fixed subscription period.
  • County Council and any other Local Government membership subscriptions must be registered and linked to specific departments. 
  •  Any organisation that breaches any term herein may have their account suspended at our discretion until the cost difference is settled.
  • Organisational Members require a named primary contact and their personal email address in order to receive all benefits of the membership packages. This primary contact must be registered at the organisational address on record. 
  • Primary Contact status can be transferred to a different representative within the organisation, but nasen must be informed of the new representatives contact details. 
  • The individual named as the primary Contact should have authorisation to apply for nasen membership. By submitting an application for membership, you confirm that you have the appropriate authority on behalf of the organisation applying for membership.
  • Additional contacts can be added to organisational membership subscriptions by the primary contact. For any additional contacts, we require a full name, job title and individual email address. These contacts must be registered staff members in full time employment and must operate exclusively at the registered organisational address. Contacts from associated chains, trusts or groups cannot be linked. No third parties can be registered to a membership under any circumstance.
  • The amount of additional contacts for organisations is uncapped, provided they are eligible.
  • Individual members cannot add additional contacts to their record under any circumstance.
  • nasen Online Journals can only be accessed using your individual email address and password combination. This must not be shared. Doing so will contravene your license agreement.
  • Organisational access to nasen online journals is limited to those registered as contacts and linked to the organisation.
  • nasen International memberships are only available to those outside of the United Kingdom.
  • International Membership applies to Individuals or Organisations outside of the UK and Ireland and who have a permanent address abroad. You will be issued with a reference number which you should use when calling us to help identify you quickly.
  • International Members are entitled to join nasen by contacting us via telephone, letter or email.
  • Any costs incurred by usage of the benefits package are the responsibility of the International Member and will not be paid by nasen. For example, costs incurred to attend a conference, event or networking in the UK (including, but not limited to, travel, sustenance and accommodation).

5. Membership Benefits

  • Member benefits are only available if subscription payments are up to date.
  • Member benefits may change without notice. Any change in benefits will only take place from the beginning of the next Subscription Period.
  • It is the Member Representative's responsibility to ensure that details of nasen membership and its benefits are disseminated throughout the membership organisation.
  • We reserve the right to withdraw any special offer at our discretion, whether made through the Website or through other means of application.
  • nasen reserves the right to withdraw membership from any member if the work of the individual or organisation is no longer compatible with that of nasen, by giving 14 days’ notice in writing. If we withdraw membership during a Subscription Period for this reason, except where the termination results from a breach of these terms by the member, nasen will refund a proportion of the membership fee calculated on a straight line basis by reference to the remainder of the Subscription Period.

6. Products

Where you are a consumer, nothing in this clause affects your legal rights to require a refund, repair or replacement (for example, where the produced or publication that we provide is faulty or mis-described). For further advice on your consumer rights, please refer to your local Citizens Advice Bureau or Trading Standards office.

  • nasen does not provide any guarantee as to the accuracy of the publications/products we produce as membership benefits or otherwise.
  • Products and publications containing information are correct at the point of publication, unless otherwise stated. Nasen will update products and publications from time to time, however purchasers are not entitled to free content updates after the date of delivery or revised editions of previous purchases.
  • nasen takes no responsibility for third party sales of products or publications. Any dispute must be taken up directly with the publisher.
  • Purchasers are not entitled to make copies of any purchases. Nasen exclusively owns and controls the copyright of our product range.
  • Application of the content in nasen publications or products is at the sole discretion of the purchaser. Nasen accepts no liability in any claim resulting from the use of our content.

7. Events

  • Event places are only secured upon receipt of payment. In order to be eligible for the members’ rate, you must have a current subscription at the time of the event taking place. If a delegate attends and there is not a current subscription in place they will be expected to either pay the difference between the member and non-member rate or pay for a subscription in full.
  • Nasen reserves the right to limit the number of applications per organisation for any event. Where the number of applications submitted exceeds this set figure, the remaining applicants will be dealt with at our discretion. Any limitations will be clearly marked on the associated event booking form.
  • Where applications are made to fully booked events, it may be possible for the applicant to be added to a waiting list. These waiting lists will be created at our discretion on an event by event basis.
  • Please note that we cannot guarantee places at nasen events as places are limited. Where possible nasen members will receive notification of new events prior to them being promoted to the general public but we would advise members to book early to avoid disappointment.
  • Except where you are a consumer, and you are cancelling an event within the 14 day Cooling Off Period, notification of cancellation of an event must be received in writing at least 2 weeks prior to the event, when a full refund, less an administration charge of £10 will be made. Refunds for places cancelled less than 2 weeks before the event will be at nasen’s discretion.
  • In the event of cancellation, nasen bears no responsibility for any loss incurred by delegates for transport, replacement staffing or accommodation relating to the cancelled event.
  • Nasen reserves the right to make changes to event programmes without notice.
  • Event bookings may be cancelled at our discretion if the work of the applicant (whether individual or organisational) is no longer compatible with that of nasen. A full refund of any price paid will be made in respect of events which we cancel.
  • The terms and conditions detailed here are not exhaustive. Further conditions may be stipulated on event booking forms and will vary depending upon the nature and setting of the event.   

8. Our Liability in relation to Membership, Products, Publications and Events

  1. Liability to business customers

This clause 7(a) only applies if you are a business customer

  • Nasen give no warranty as to the suitability of any membership, product, publication or event for any particular purpose or otherwise. We exclude all liability to the extent permitted by law for any cost, claims or losses, howsoever caused that arise by reason of your membership, ordering a product or publication or booking at an Event.
  • We are not responsible for indirect or consequential losses which occur.
  • We are not responsible of for any of the following losses which occur (whether direct, indirect or consequential):

(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of data, or
(g) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise.

  1. Liability to consumers
  • This clause 7(b) only applies if you are a consumer
  • We shall not be liable to you for any losses except losses that, at the time of entering into this contract:
    • were obvious to both you and us; or
    • you and us both knew might happen (for example, you mentioned it to us at the time you placed the order).
  1. Liability for death or personal injury, etc

This clause 7(c) only applies to both business customers and consumers

  • Nothing within these terms and conditions exclude or limits in any way our liability:

(a) For death or personal injury caused by our negligence;
(b) Under the Consumer Rights Act 2015 or any other legislation affording rights to consumers which cannot be contracted out of;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

  • Where you buy any goods or services from a third party seller through our Website, that seller’s liability will be set out in the seller’s terms and conditions.

9. Notices

  • All notices given by you to us must be given to nasen at our postal address, detailed at the start of these Terms and Conditions. We may give notice to you at either the e-mail or postal address you provide to us when joining nasen or making a booking.
  • Notices will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

10. Events Outside Our Control

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations or the cancellation of any Event, that is caused by events outside our reasonable control (a “Force Majeure Event”).
    A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

11. Severability

If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

12. Entire Agreement

These Terms and Conditions represent the entire agreement between us in relation to the subject matter of a booking and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

13. Our Right to Vary these Terms and Conditions

  • We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our organisation, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
  • You will be subject to the policies and Terms and Conditions in force at the time that you book an Event from us, purchase or renew a subscription or a product, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the order).

14. Law and Jurisdiction
These Terms and Conditions are governed by the Laws of England and Wales and any disputes arising under or in connection with them will be subject to the exclusive jurisdiction of the English Courts.

Privacy and legal policy

nasen WEBSITE PRIVACY POLICY

We, nasen, are the ‘controllers’ of the information which we collect about you (‘personal data’). Being controllers of your personal data, we are responsible for how your data is processed. The word ‘process’ covers most things that can be done with personal data, including collection, storage, use and destruction of that data.

This notice explains why and how we process your data, and explains the rights you have around your data, including the right to access it, and to object to the way it is processed. Please see the section on ‘Your rights as a data subject’ for more information.

nasen is a charitable organisation (reg Charity number 1007023) supporting practitioners by providing relevant information, training and resources to enable staff to meet all pupils’ needs. Working with dedicated education professionals, nasen aims to ensure that practice for special and additional needs is both effective and current. nasen is committed to providing an excellent range of professional development opportunities by offering the latest news and information, to support practitioners in identifying and meeting the needs of children and young people.

The National Association of Special Educational Needs (nasen) is a company limited by guarantee (Reg. Co. number 2674379) carries on a range of activities to generate income for the nasen including membership, training conferences and event, publications and online research journals.

If you have any questions in relation to this privacy policy or how we use your personal data they should be sent to dpo@nasen.org.uk or addressed to the Data Protection Officer, nasen, 4&5 Amber Business Village, Amber Close, Tamworth, Staffordshire, B77 4RP.

Personal data

‘Personal data’ is any information that relates to a living, identifiable person. This data can include your name, contact details, and other information we gather as part of our relationship with you.

It can also include ‘special categories’ of data, which is information about a person’s race or ethnic origin, religious, political or other beliefs, physical or mental health, trade union membership, genetic or biometric data, sex life or sexual orientation. The collection and use of these types of data is subject to strict controls. Similarly, information about criminal convictions and offences is also limited in the way it can be processed.

We are committed to protecting your personal data, whether it is ‘special categories’ or not, and we only process data if we need to for a specific purpose, as explained below.

We collect your personal data mostly through our contact with you, and the data is usually provided by you, but in some instances, we may receive data about you from other people/organisations. We will explain when this might happen in this Notice.

Your personal data (any information which identifies you, or which can be identified as relating to you personally for example, name, address, phone number, email address) will be collected and used by us. We’ll only collect the personal data that we need. 

We collect personal data in connection with specific activities such as registration or membership requests, placing an order, booking training, donations, volunteering, conducting research, ordering an image, employment etc. 

You can give us your personal data by filling in forms on our website, by registering to use our website, or other social media functions on our website, entering a competition, promotion or survey or by corresponding with us (by phone, email or by joining as a member/supporter/customer). 

This personal data you give us may include name, title, address, date of birth, age, gender, employment status, demographic information, email address, telephone numbers, personal description, photographs, attitudes, opinions, usernames and passwords).

Your data and how and why we process it

In general terms, we process your data in order to manage our relationship with you. The table below lists more specific purposes for processing your data, and the legal basis for each type of processing.

At times, we may further process data which we have already collected. We will only do this if the new purpose for processing it further is compatible with the original purpose that the data was collected for. We will tell you about any further processing before carrying it out.

DATA PROCESSING LEGAL BASIS FOR PROCESSING
Membership including newsletters and magazines 
We use the personal data you provide as a member provide to service your membership.  This includes sending renewal information to members by mail and email, sending nasen magazines and newsletters. It’s also used to verify you when you contact our administrative centre or sign up for a nasen account to manage your membership online
  • you have given your consent to the processing of your data for the specific purpose of receiving your membership benefits.
Donations
If you make a donation, we’ll use any personal information you give us to record the nature and amount of your gift, claim gift aid where you’ve told us you’re eligible and thank you for your gift.
  • you have given your consent to the processing of your data for the specific purpose of making your donation(s).
Marketing communications
Your privacy is important to us, so we’ll always keep your details secure. We’d like to use your details to keep in touch about things that may matter to you. If you choose to hear from us we may send you information based on what is most relevant to you or things you’ve told us you like.

We may also show you relevant content online. This might be about our membership packages, training and events, publications and journals or about you volunteering with us.

We’ll only send these to you if you agree to receive them and we will never share your information with companies outside of nasen for inclusion in their marketing. We may send you relevant information regarding goods and services provided by other companies but we will not share your data with them. If you agree to receive marketing information from us you can change your mind at a later date.

However, if you tell us you don’t want to receive marketing communications, then you may not hear about events or other work we do that may be of interest to you.

Personal data provided to us may also be profiled to help us with advertising targeting. For example, your membership data may be used to ensure we don’t serve you online membership advertisements. Or we may use your personal data to find online users with a similar profile to yourself who may be interested in our products or services.

We’ll always act upon your choice of how you want to receive communications (for example, by email, post or phone). However, there are some communications that we need to send. These are essential to fulfil our promises to you as a member, volunteer, donor or buyer of goods or services.

Examples are:

• Transaction messaging, such as Direct Debit schedules, shop purchase confirmations.

• Membership-related mailings such as renewal reminders, nasen magazines and newsletters.
  • you have given your consent to the processing of your data for the specific purpose of receiving your membership benefits.
  • you have given your consent to the processing of your data for the specific purpose of making your donation(s).
  • you have given your consent to the processing of your data for the specific purpose of receiving your membership benefits.
  • you have given your consent to the processing of your data for the specific purpose of receiving marketing communications.
OR
  • processing is necessary for the purposes of the legitimate interests pursued by us to provide you with additional goods and services or information about them.
  • processing is necessary for the purposes of the legitimate interests pursued by us to provide you with additional goods and services or information about them.
  • we will require your consent to contact you regarding marketing if we hold your personal email address. If we use an email address for you at your place of work processing is necessary for the purposes of the legitimate interests pursued by us to provide you with information about our research and the opportunities for you to take part in it.
Management of volunteers
We need to use your personal data to manage your volunteering, from the moment you enquire to the time you decide to stop volunteering with us. This could include: contacting you about a role you’ve applied for or we think you might be interested in, expense claims and to recognise your contribution.
  • you have given your consent to the processing of your data for the specific purpose of allowing nasen to manage your volunteering with us.
Research
We carry out research with our supporters, customers, staff and volunteers to get feedback on their experience with us. We use this feedback to improve the experiences that we offer and ensure we know what is relevant and interesting to you. If you choose to take part in research, we’ll tell you when you start what data we will collect, why and how we’ll use it. All the research we conduct is optional and you can choose not to take part.
  • you have given your consent to the processing of your data for the specific purpose of allowing nasen to manage your volunteering with us.
  • processing is necessary for the purposes of the legitimate interests pursued by us to provide you with information about our research and the opportunities for you to take part in it.
Profiling
We know it’s important to our supporters to use our resources in a responsible and cost-effective way. We use profiling and targeting to help us understand our members and supporters and make sure that:

• our communications (e.g. emails) and services (e.g. our website) are relevant, personalised and interesting to you

• our services meet the needs of our supporters

• we only ask for further support and help from you if it’s appropriate

• we use our resources responsibly and keep our costs down

To do this we’ll analyse how you interact with us (e.g. on our website) in order to understand your interests.

We use specific tools to profile how you interact with us online, for example Google Analytics and Hotjar. Much of the information we collect is aggregated, however we may also collect some personal data for the use of personalising your experience, optimising our marketing campaigns, and to ensure the site is functioning as intended.



The personal information that is collected includes transactional information (i.e. order number) for Memberships, Donations, and Online purchases. We also collect data on individual user activity when they create or log into their nasen account. If you’ve agreed that we can contact you for marketing purposes, we may also gather additional information about you from external sources, for example: updates to address and contact information, or publicly available information. We may use this information to assess your interest in joining or supporting us and invite you to do so
  • you have given your consent to the processing of your data for the specific purpose of marketing communications.
OR
  • processing is necessary for the purposes of the legitimate interests pursued by us to provide you with information about the goods and services we provide which may be of the most relevance to you.
Recruitment and employment

In order to comply with our contractual, statutory, and management obligations and responsibilities, we process personal data, occasionally including ‘sensitive’ personal data, from job applicants and employees.

Such data may include information relating to health and criminal convictions. In certain circumstances, we may process personal data or sensitive personal data, without explicit consent. Further information on what data is collected and why it’s processed is given below.

Contractual responsibilities: Our contractual responsibilities include those arising from the contract of employment. The data processed to meet contractual responsibilities includes, but is not limited to, data relating to: payroll, bank account, postal address, sick pay; leave, maternity pay, pension and emergency contacts.

Statutory responsibilities: Our statutory responsibilities are those imposed through law on the organisation as an employer. The data processed to meet statutory responsibilities includes, but is not limited to, data relating to: tax, national insurance, statutory sick pay, statutory maternity pay, family leave, work permits, equal opportunities monitoring.

Management responsibilities: Our management responsibilities are those necessary for the organisational functioning of the organisation. The data processed to meet management responsibilities includes, but is not limited to, data relating to: recruitment and employment, training and development, absence, disciplinary matters, e-mail address and telephone number.
  • processing is necessary for compliance with a legal obligation to which nasen is subject.
OR
  • processing is necessary for the performance of a contract of employment to which the data subject is party or in order to take steps at the request of the data subject prior to entering into such a contract.
  • processing is necessary for the performance of a contract of employment to which the data subject is party or in order to take steps at the request of the data subject prior to entering into such a contract.
  • processing is necessary for compliance with a legal obligation to which nasen is subject such as reporting to and making payments to HMRC.
  • processing is necessary for the performance of a contract of employment to which the data subject is party or in order to take steps at the request of the data subject prior to entering into such a contract.
Sensitive personal data

The Act defines ‘sensitive personal data’ as information about racial or ethnic origin, political opinions, religious beliefs or other similar beliefs, trade union membership, physical or mental health, sexual life, and criminal allegations, proceedings or convictions.

In certain limited circumstances, we may legally collect and process sensitive personal data without requiring the explicit consent of an employee.

(a) We will process data about an employee’s health where it is necessary, for example, to record absence from work due to sickness, to pay statutory sick pay and to make any necessary arrangements or adjustments to the workplace in the case of disability. This processing will not normally happen without the employee’s knowledge and, where necessary, consent.

(c) Data about an employee’s criminal convictions will be held as necessary where they are relevant to the post being held.
  • processing is necessary for the performance of a contract of employment to which the data subject is party or in order to take steps at the request of the data subject prior to entering into such a contract.
  • processing is necessary to meet our obligations under employment law and/or to meet the requirements our internal policies and Staff Handbook.
  • Data is held under the provisions of the Data protection act 2018

Personal data received from third parties

We may buy external data from time to time in order to increase our reach throughout the sector in order to fulfil our charitable aims and objectives as widely as possible.

Who we share your data with

For some processing purposes we share your data with third parties. When we allow third parties acting on behalf of nasen to access to your information, we will always have complete control of what they see, how long they see it for and what they are allowed to do with it. We do not sell or share your personal information for other organisations to use.

This is a list of the information we may share with external recipients, and for what purpose:

RECIPIENTS OF YOUR DATA PURPOSE FOR SHARING
• employees;

• Third party cloud hosting and IT infrastructure providers who host the website and provide IT support in respect of the website;
This is to allow our staff to process your data to meet your requirements as a member or consumer of our goods and services So that out infrastructure is able to meet the demands of you as a member or user of our online services. Also, to allow our systems to securely store the data we hold and process it for renewals and communication purposes.
Also, under strictly controlled conditions:

• Contractors

• Service Providers providing services to us

• Advisors

• Agents
To allow mailings, distribution of online journals.

In terms of our staff to provide information regarding pensions and other benefits agreed with employees.
We may also disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or cookie policy and other agreements; or to protect the rights, property, or safety of nasen, our members, supporters and visitors. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

In terms of payment card security nasen has an PCI-DSS compliance programme in place. This is the international standard for safe card payment processes. As part of our compliance to this very stringent standard, we ensure that our IT systems do not directly collect or store payment card information; for example the full 16 digit number on the front of the card or the security code on the back. Our online payment solutions are carried out using a 'payment gateway' (e.g. Sagepay) which is a direct connection to a payment service provided by a bank. This means that when you input card data into the payment page, you are communicating directly with the bank and the bank passes your payment to us, this means that your payment card information is handled by the bank and not processed or held by us.
As an employer we are obliged to process and disclose information regarding our staff to for example HMRC

How we store your data

Your personal data is held in both hard copy and electronic formats.

Electronic data, including emails, is stored on our servers, which are located in the UK and on our software suppliers’ servers which are also located in the UK.

 

How long we keep your data

We will only use and store your information for as long as it is required for the purposes it was collected for. How long it will be stored for depends on the information in question, what it is being used for and, sometimes, statutory legal requirements. 

Once the applicable retention period expires, unless we are legally required to keep the data longer, or there are important and justifiable reasons why we should keep it, we will securely delete the data.

Cookies on our website

Cookies are small files which websites store on your computer and which contain various types of information about your visit to a website. They are not viruses or malicious software but they are generally aimed at providing you with a good experience when browsing a site by, for example, remembering your preferences so that you do not need to reset them every time you visit the website.

Cookies can record information about how you browse the internet. They can therefore be used by websites to advertise goods and services which, based on your browsing history, are similar to goods and services which you have previously searched online. This is why some users reject or delete cookies.

Cookies normally expire after a length of time which can vary from a few minutes to more than a year. Some cookies are ‘session cookies’ which are deleted when you close your internet browser or after a period of inactivity. Others are ‘persistent cookies’ which remain on your computer until their expiration date.

We do not store cookies on your computer without your consent unless they have the sole purpose of carrying out the transmission of communications or they are strictly necessary for providing an online service.

You may restrict or block cookies which are set by any website through your browser settings. Your browser settings also allow you to clear your browsing history and delete cookies. Information about how you can do this can be found on this link https://ico.org.uk/for-the-public/online/cookies. Mobile devices may have their own settings and you need to refer to the manual of the device.

Please note that restricting or disabling cookies may impact the functioning of parts of our website.

Further information can be found in nasen's cookie policy.

Your rights as a data subject

As a data subject, you have the following rights in relation to your personal data processed by us:

  • To be informed about how your data is handled;
  • To gain access to your personal data;
  • To have errors or inaccuracies in your data changed;
  • To have your personal data erased, in limited circumstances;
  • To object to the processing of your personal data for marketing purposes or when the processing is based on the public interest or other legitimate interests;
  • To restrict the processing of your personal data, in limited circumstances;
  • To obtain a copy of some of your data in a commonly used electronic form, in limited circumstances;
  • Rights around how you are affected by any profiling or automated decisions.

Withdrawing consent

If we are relying on your consent to process your data, you may withdraw your consent at any time.

Complaints to the Information Commissioner

You have a right to complain to the Information Commissioner's Office (ICO) about the way in which we process your personal data. You can make a complaint on the ICO’s website https://ico.org.uk/.

Exercising your rights, queries and complaints

For more information on your rights, if you wish to exercise any right or for any queries you may have or if you wish to make a complaint, please contact our Data Protection Officer:

nasen,

4&5 Amber Business Village,
Amber Close,
Tamworth,
Staffordshire,
B77 4RP
01827 311500
DPO@nasen.org.uk

Cookies

 A cookie is a text-only string of information that a website transfers to the cookie folder of the browser on your computer’s hard disk so that the website can remember who you are. These cookies aren’t used to identify you personally, they are just to give you the best user experience. Most websites use cookies to remember settings, login details and other information so that you don’t have to keep re-entering it. They are also used to collect information on how the website is being used so that we can tailor the experience to suit your needs.

The law relating to cookies changed on 26 May 2011. The new rules require that cookies can only be placed on machines where the user has given their consent.

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled. By using our website, you are accepting these cookies.

This website is based on the Preside content management system, and certain cookies are stored temporarily on your computer, which are required to ensure correct functioning of the website and are not used for any other purpose.

First Party Cookies set by NASEN website:

Name

Purpose

Expires

Content

Classification

Action

CFID

Used to provide transaction support across multiple page requests commonly called a session

Persistent (Until user deletes it)

A random generated number

Strictly necessary, minimal intrusion

Cookie policy mention only

CFTOKEN

Used to provide transaction support across across multiple page requests commonly called a session

Persistent (Until user deletes it)

A random generated alphanumeric piece of text

Strictly necessary, minimal intrusion

Cookie policy mention only

JSESSIONID

Used to provide transaction support across across multiple page requests commonly called a session

Persistent (Until user deletes it)

A random generated alphanumeric piece of text

Strictly necessary, minimal intrusion

Cookie policy mention only

USER

Remember me feature for user login

Session cookie

JSON format user authentication data

Necessary to improve the user experience, minimal intrusion

Cookie policy mention only

PCMS_VIEWTREEPROPERTIES

Set by the Preside CMS only present for Preside users

Persistent

A number

Necessary to improve the user experience, minimal intrusion

No action private cookie with restricted usage

The cookies described above provide session functionality that is used for/to:
  1. User login
  2. Store page to redirect after a user logs in
  3. Store details after a user logs in
  4. Store details of event booking process when use makes a booking.

Third Party Cookies

The cookies in the table below are set by the Google analytics tool for improving service which allows the NASEN website to accurately estimate the number of visitors to the website, volumes of usage and ensure that the NASEN website is available and that the Society understands what you want to use.

Name

Purpose

Expire

Content

Classification

Action

_ga

Google analytics

2 years

A random generated number (Non personal data)

Necessary to provide website service, minimal intrusion

Cookie policy mention only

_gat

Google analytics

10 minutes

A random generated number (Non personal data)

Necessary to provide website service, minimal intrusion

Cookie policy mention only

Accessibility

We aim to ensure that this website gives all members of the public equal access. If you feel that the content on the site could be presented in a more accessible way, please contact us with your suggestions.

Browser Compatibility

The website is best viewed in Firefox, Chrome, Internet Explorer, Safari or Opera. You are advised to upgrade to the latest versions for the best user experience.

Changing the text size

If you find the text hard to read, you may wish to make it bigger.

If you're using Microsoft Windows operating system and have a mouse with a control wheel on top, you can use this to change the display size. Press and hold down the Ctrl button on your keyboard, then move the wheel on the mouse – forwards to enlarge, and backwards to decrease it.

Alternatively you can control text size through your internet browser:

    In Firefox select View>Zoom
    In Internet Explorer select View>Text size
    In Chrome select Options>Zoom

Changing the colour and contrast of the website

See the BBC guide 'My web, my way' for information of how to setup your system to change colours and contrasts

Downloads, Word documents and PDFs

We aim to publish information as accessible HTML webpages rather than as downloadable documents, e.g. Word documents and PDFs, as these documents can cause problems for disabled users.

To view PDF files you may need to download Adobe Reader (free of charge).

Images

We aim to provide a description of every image in its alternative text tag.

Links

Link text should make sense out of context and accurately describe the page it points to. You can use the tab key on your keyboard (as well as your mouse) to move from consecutive link to link.

Disclaimer

Thank you for visiting the nasen website. We hope your visit has been an informative and enjoyable experience.

Every effort has been made to ensure the accuracy of information on the nasen website. Please note that information given on this website is intended for general use, was correct at the time of publication, and will be updated from time to time. No responsibility can be accepted for action taken or refrained from solely by reference to the contents of this website. Please remember that each child and their special educational needs are different and advice should be sought from a number of appropriate sources to support them.

Receipt of Emails from nasen Personnel

If you receive an e-mail from nasen and you are not the intended recipient, please inform the sender by return and delete the message. Information contained in messages sent by nasen personnel represents the views of the writer and is not necessarily the view of Association as a whole. Permission to recreate the content of, or attachments to messages must be sought from the writer prior to reproduction. Any attachment to the email could contain software viruses, which may damage some computer systems. Whilst we take reasonable precautions to minimise this risk, we cannot accept liability for any damage sustained as a result of software viruses. We would recommend that you carry out your own virus checks before opening attachments.

Links to external websites

Throughout the nasen website there are links to other external websites. Whilst every effort is made to ensure that the website content is suitable, nasen cannot be held responsible for the content of these external sites.

House Rules

We've established these house rules for your safety and to keep the nasen message boards a healthy environment for discussion and so that everyone can get the most out of commenting on the nasen website.

The house rules are to protect you and nasen from legal and editorial risks. These are intended as a guide to how you should behave and post on nasen.org.uk. Breach of the nasen terms of use will result in the removal of your comments. Repeated breaches will result in the restriction of your account.

nasen welcomes feedback, both positive and negative, about our services but please make sure your comments are in line with the house rules. Repeatedly posting personal or offensive comments about individual members of the public or people who work for nasen may be considered harassment. We reserve the right to remove such comments and take action against those responsible.

If your post has been removed or your account has been restricted and you do not agree that you have broken these rules, please contact our web admin.

We reserve the right to remove comments which:

  • Advertise a product,
  • Risk breaching copyright law,
  • Are not in English,
  • Risk breaking UK law,
  • Contain potentially defamatory statements,
  • Are abusive or disruptive,
  • Are offensive,
  • Are off-topic,
  • Contain personal details,
  • Contempt of court,
  • Contain spam,
  • Contain unsuitable links.

Focus on SEND Terms and Conditions

Nasen online courses – terms and conditions (April 2016)

Please read these terms of use carefully before starting to use our online learning materials (“our site”). By clicking the I Agree icon at the bottom of these terms, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy and Legal Policy [http://www.nasen.org.uk/footer-links/privacy-and-legal.html] which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate
  • Our Disclaimer [http://www.nasen.org.uk/footer-links/disclaimer.html]
  • Our Cookies Policy [http://www.nasen.org.uk/footer-links/cookies.html].

 

About NASEN

This site is operated by The National Association for Special Educational Needs (“we”). We are registered in England and Wales under company number 2674379 and charity number 1007023. Our registered office and contact address is: nasen House, 4/5 Amber Business Village, Amber Close, Amington, Tamworth, Staffordshire, B77 4RP.

 

Changes to these Terms

We reserve the right to revise these terms of use at any time by amending this page.

Please check this page regularly to take notice of any changes we make as such changes will be binding on you.

 

Accessing our site

Our site is made available free of charge. We reserve the right to revise this position in the future.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

Intellectual Property Rights

The online training course, ‘Focus on SEND’, was developed by nasen with government funding and is subject to © Crown Copyright 2016 and is licensed under the Open Government Licence 3.0, details of which can be found at - http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

In the case of the content of other ‘Focus on’ courses, we are the owner and the licensee of all intellectual property rights in our site, and in the material published on it. Unless stated otherwise those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

Nasen’s status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from nasen or our licensors.

Unless we expressly object, you may modify the paper or digital copies of any materials you have printed or downloaded in any way, and you may use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, provided always that such modifications:

  • make clear the identity of the original copyright owner;
  • are not used for a commercial purpose; and
  • are used in accordance with our criteria and acceptable use protocols.

If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Online Learning Administrator

Where you have been added as a learner, or linked to a nasen ‘Focus On’ online course by your institution’s nominated administrator, you agree to them being able to access the content of your learning log for professional development purposes.

By registering as a nasen ‘Focus On’ online course administrator (“Online Training Administrator”) you agree we may disclose your name if a member of staff from your institution requests it for the purposes of contacting you about accessing the course.

As the nominated Online Training Administrator for nasen online courses you agree to respect the confidentiality of the content of the learning log and acknowledge that copyright of the Learner Log is that of the person who created it.

Uploading content to your Learning Log and the ‘Focus On’ online courses discussion forums

Whenever you make use of a feature that allows you to upload content to our site, you must comply with the content standards set out in our Acceptable Use Policy detailed below.

You warrant that any such contribution complies with these standards, and you will be liable to nasen and indemnify nasen for any breach of that warranty.

Nasen also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Nasen will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on this website do not represent our views or values.

Any content you upload to our discussion forums will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of the Site] a limited licence to use, store and copy that content and to distribute and make it available to third parties.

Acceptable Use Policy

Nasen has established a set of general rules about posting comments on the nasen website, which can be viewed in the Disclaimer. These rules apply when using the discussion facilities available in the ‘Focus On’ online courses area of our site.

The discussion forums are provided:

  • to allow you to share professional views and opinions to support the purposes of the training course;
  • to provide a safe environment to ask questions, exchange views and ideas;
  • to provide mutual support for others undertaking the training, either as a learner, coach or mentor.

When using our discussion facilities, you must comply with the following standards:

You must:

  • engage with others in the spirit of cooperation;
  • post positive messages that encourage participation and active learning.

You must not post any material:

  • to advertise or promote a product or service;
  • that is personal or confidential in nature, defamatory, obscene, offensive, hateful, inflammatory, discriminatory or deceptive;
  • that infringes any copyright, database right or trade mark of any other person
  • that is in breach of any legal duty owed to a third party, such as a contractual duty, professional duty or duty of confidence;
  • that is threatening, abusive or invades another’s privacy.  

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we reserve the right to remove any comments and take such action as we deem appropriate.

If your post has been removed or your account has been restricted and you do not agree that you have broken these protocols, please contact nasen.

Please remember that you are legally responsible for what you write. By using the discussion forum you undertake to indemnify nasen and our employees and sub-contractors against any liability arising from your actions and against all damages, losses, claims and costs (including without limitation all expenses incurred in conducting or defending any proceedings) arising from any such publication.

Third Party Links and Resources

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Nasen has no control over the contents of those sites or resources.

No Reliance on Information

The content on this website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, nasen make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of Our Liability

Nothing in these terms of use excludes or limits nasen’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, nasen exclude all conditions, warranties, representations or other terms which may apply to the nasen website or any content on it, whether express or implied.

Nasen will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, nasen will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption; 
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

You agree not to use our site for any commercial or business purposes, and nasen have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Nasen will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Applicable Law

Please note that these terms of use, its subject matter and its formation, are governed by English law. You and nasen both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

To contact us, about these Term and Conditions or any aspect of the Focus on SEND course please email