GENIUS Mateřská škola ops, IČ 24843717, with its registered office in Prague 10, Světická 1229/8, PSČ 100 00 (hereinafter referred to as "MŠ") is a non-profit private kindergarten accredited by the Ministry of Education, Youth and Sports.

The main task of the kindergarten is to provide pre-school education for children in the sense of the Education Act. It processes personal data as part of its activities. It proceeds in accordance with legal regulations, in particular EU Regulation No. 2016/679 on the protection of personal data (the so-called GDPR) and Act No. 101/2000 Coll., On the protection of personal data.

The aim of this document is to inform about the processing of personal data in kindergartens and the rights that children, respectively. their legal representatives and which they can apply. Information on the processing of personal data is available on the kindergarten website and will be continuously updated.

The Commissioner for Personal Data Protection is Michal Zuza, the contact email of the Commissioner is michal@genius-school.cz.  

Content:

1. What personal data does the kindergarten process?

2. From what sources does the kindergarten have personal data?

3. Are you obliged to provide personal data to the kindergarten?

4. Why and how does the kindergarten process personal data?

The purposes of personal data processing in kindergartens are as follows:

5. In which cases can you object to any processing necessary to protect our legitimate interests? 

6. How long does the kindergarten keep personal data?

7. To whom can the kindergarten pass on personal data?

8. What rights do you have in relation to the processing of personal data?

1. What personal data does the kindergarten process?

The kindergarten processes only such data that are necessary for the performance of activities that the kindergarten is to perform on the basis of the relevant legal regulations and the statute of the kindergarten and for the protection of the public interest and legitimate interests of the kindergarten and third parties. The kindergarten also processes data for the processing of which the child's legal representatives have given their consent.

These are the following data, especially concerning children and to a lesser extent also concerning the child's legal representatives, family members, other authorized persons (eg persons collecting the child, etc.):

Identification data - personal data used for unambiguous and unmistakable identification of a person, especially name, surname, birth number, date of birth, permanent residence address, signature. Contact details - personal details enabling contact with the child's legal guardians, in particular the contact address, telephone number, e-mail address and other similar information provided.

Educational data - data on the course of education, activities of the child, his creation, results. Communication data - data on communication between the child's legal representative and the kindergarten, eg email messages, letters.

Profile data - profile data include, for example, basic physical characteristics (eg age, height, weight), socio-demographic characteristics (eg marital status, number of children, information about siblings), but also behavioral, knowledge, skills and psycho-social characteristics of the child.

Data on health status - data on health status include data on vaccinations, health restrictions, acute and chronic diseases, allergies, injuries, psychological diagnoses.

2. From what sources does the kindergarten have personal data?

The personal data that the kindergarten processes comes mainly from the child's legal representatives (during the admission procedure and during further communication during the child's attendance). An important source is the child's own observation by kindergarten employees. Last but not least, the kindergarten can obtain data from medical facilities, pedagogical-psychological counseling centers, psychologists or other experts involved in the diagnosis or education of the child. Other data can be obtained by kindergartens from other kindergartens, other school or similar facilities or other public administration entities.

3. Are you obliged to provide personal data to the kindergarten?

The legal representative is obliged to provide most of the data. These are mainly data that are required from the legal representatives of the kindergarten within the admission procedure. Without this information, the kindergarten would not be able to ensure the fulfillment of the obligations imposed on it by law (protection of children's health, keeping of documentation and records, achieving the goals of pre-school education). The kindergarten does not collect data that the kindergarten does not need to fulfill its legal tasks.

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4. Why and how does the kindergarten process personal data?

Any processing of personal data has a purpose or reason and, in order to be lawful, it must also have a legal basis. This means that they must be based on consent or must be necessary for:

1. negotiating or concluding a contract,

2. fulfillment of a legal obligation,

3. performance of a task carried out in the public interest or in the exercise of official authority,

4. protection of the legitimate interest of the kindergarten or a third party.

The purposes of personal data processing in kindergartens are as follows:

Ensuring the proper conduct of the admission procedure - within the admission procedure, legal representatives provide a number of information about the child and themselves, so that it is possible to decide on the application for pre-school education and keep admission of compulsory children and use them to meet pre-school education goals. Data collection and registration is required by the Education Act and the procedure is conducted in accordance with the school's internal regulations. When deciding on the adoption of a child, the communicated information is assessed on the basis of known criteria.

Publication of the results of the admission procedure - the results of the admission procedure are communicated to the child's legal representatives in person, by e-mail or may be published on the notice board of the kindergarten, on the basis of the Education Act.

Provision of pre-school education for children with special educational needs - the kindergarten provides pre-school education on the basis of the Education Act. For this purpose, it processes specific profile data and health data and obtains additional information from both legal representatives and medical facilities.

Appeals against not / admission of a child to pre-school education - Based on the Education Act and the Administrative Procedure Code, the kindergarten receives an appeal against not / admission of a child to pre-school education and sends it to the City of Prague for decision.

Provision of meals - the kindergarten, on the basis of the Education Act and the decree on school meals, provides meals in the kindergarten building. To this end, it collects and processes information on health restrictions relevant to the preparation and serving of meals.

Fulfillment of registration obligations of kindergartens - under the Education Act, kindergartens are obliged to keep extensive records including personal data of children and legal representatives. She is obliged to keep a school registry, documents on the admission of children to education, on the course of education and its completion, educational programs, class book, records of pedagogical meetings, book of accidents and records of children's injuries, or medical reports.

Fulfillment of the goals of pre-school education of kindergartens - the Education Act sets out a number of goals of education that kindergartens are obliged to fulfill. To this end, it is necessary to process both the data obtained from the child's legal representatives and medical facilities during the admission procedure, and in particular the information from the course of education coming from the child's observation.

Communication with legal representatives - Kindergarten communicates with legal representatives about all matters concerning the child's education, health situation, the course of education, educational programs and kindergarten events. Without this communication, it would not be possible to meet the goal of pre-school education. This is not marketing communication.

Provision of information to state institutions - Kindergartens are obliged by law to provide information to state institutions on request or, if necessary, on their own initiative.

Publication of children's names for each class on the notice board at the locker room - based on the legitimate interest of kindergartens and parents of kindergarten children on the class notice board informs about the names of children included in a specific class. The information is accessible only to persons authorized to enter kindergarten. During the admission procedure and open days, when the public can enter the kindergarten, the data are temporarily deleted.

Organization and provision of educational programs and kindergarten events - within the framework of fulfilling the goals of pre-school education, kindergartens organize educational programs and events of kindergartens. Some of them cannot be carried out without the processing of personal data of children or legal guardians. For some events, the controller of personal data is the operator of the service, which is responsible for instructing legal representatives, or collecting appropriate consents).

Publication of photos of the child on the kindergarten's website or notice board in order to present the kindergarten and its activities to the public - the kindergarten places photos from selected events and activities of the kindergarten on its website and Facebook profile to present the activities of the kindergarten. The photos are mostly bulk and do not have the identification of the photographed people. Additional photos of the daily activities of the kindergarten and individual children are stored in the cloud storage of the kindergarten, to which access is granted to the parents of the children and are accessible after entering the password.

5. In which cases can you object to any processing necessary to protect our legitimate interests?

Personal data protection legislation not only protects the person whose data are being processed (data subject), but to some extent also the person who is processing them (controller). The protection of the legitimate interest of the controller (kindergarten) or a third party (eg the legal representative of another child) is one of the legal bases for the processing of personal data. It can only be used for those processing that the data subject can expect and in which there is no disproportionate invasion of privacy or rights. Everyone has the right to lodge a so-called objection against any processing necessary to protect the administrator's legitimate interest.

The kindergarten processes personal data on the basis of a legitimate interest in the following cases:

1. Exchange of information on the child's registration and the status of proceedings in other kindergartens;

2. Publication of the names and nicknames of the children for each class on the notice board at the locker room;

3. Communication with state administration bodies;

4. Ensuring the safety of children in emergencies.

6. How long does the kindergarten keep personal data?

The kindergarten keeps personal data concerning the child on the basis of the obligation stipulated in § 28 of the Education Act and in accordance with the Archiving Act. And not only during the child's education, but also after the child's education within the legal deadlines. There is a special deadline for each type of documentation according to the shredding rules.

7. To whom can the kindergarten pass on personal data?

The transfer of personal data occurs in cases where required by law (eg the City of Prague within the appeal proceedings against the decision not to admit a child to pre-school education at the kindergarten or the City of Hygiene Station). The recipients of the data may also be companies which entrust the kindergarten with a certain activity, the performance of which requires the processing of personal data. The recipient of the data on the kindergarten website is the public.

8. What rights do you have in relation to the processing of personal data?

The legislation grants all those whose data are processed a number of rights in order to have greater visibility and control. It is possible to exercise the right in writing at the e-mail info@genius-school.cz or at the address Světická 1229/8, Prague 10, postal code 100 00. The Commissioner for Personal Data Protection is also available at the e-mail michal@genius-school.cz . 

Children, resp. legal representatives or other persons whose data the kindergarten may process have the following rights:

The right to access your data - you have the right to information what data the kindergarten processes and other related information (eg purpose, category of personal data, retention period, source). You also have the right to request a copy of the processed personal data. However, a fee corresponding to the costs of processing and providing the information may be charged for its repeated provision.

The right to data transferability - if necessary, we can ensure the transferability of your data that we have obtained from you to another kindergarten.

The right to correct personal data - if your data or information about the child is incorrect, inaccurate or incomplete, you have the right to request their correction.

The right to delete personal data - your personal data is deleted by the kindergarten itself within the legal archiving deadlines. So you don't have to worry about deleting them. However, you can exercise the right to delete.

The right to restrict the processing of personal data - in some situations, kindergartens will limit the processing of personal data. For example, if the kindergarten deals with an objection to the processing of personal data or a warning about the inaccuracy of the data.

Right to withdraw consent - if you have given the kindergarten consent to the processing of personal data - photos, you have the right to withdraw it. After revoking the consent, the kindergarten will remove the child's photo from the kindergarten's website and will not place another one there.

Right to object - the right to object can only be invoked against processing on the basis of protection 

legitimate interest of kindergartens and third parties.

The right to file a complaint to the Office - every legal representative of the child has the right to file a complaint in matters of personal data protection with the Office for Personal Data Protection.

Valid from 1.5.2018 - version 1