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Learning By Questions Privacy Notice

Learning by Questions Ltd (hereafter also referred to as 'The Company' and or 'we', 'us', 'our') provides the content and features of lbq.org (hereafter also referred to as 'the site') for the purpose of enhancing teaching and learning in a classroom setting.

The site allows teachers to: create work for, and monitor the work of, pupils, inform planning and teaching strategies and provide automatic marking and support to pupils. The site is available to users (hereafter also referred to as 'user(s)', 'you', 'your') who are either, members of a School Account or Individuals who register to take advantage of a time limited experience of the site on a Trial basis. Access to the site is at all times at the sole discretion of The Company.

For the purposes of this document the terms 'pupil' and 'student' are used interchangeably and describe any person, irrespective of age, who is presented with the opportunity to connect, by any supported method, to the site to receive and answer questions initiated by a user of the site.

For the purposes of this document the term 'School' describes any corporate entity (generally but not exclusively schools) eligible to take out a subscription to the site. Subscriptions are not available to individuals.

We place a high priority on safeguarding the privacy of users of the site. This Privacy Notice is intended to help you understand what information, including personal information, we collect, how it is processed when you use the site and how it will be processed by The Company to meet our objectives of delivering a beneficial experience to teachers and learners.

Our aim is to collect the minimum of personal information required to make your use of the site beneficial, enjoyable and easy, whilst still permitting the Company to meet its objectives and fulfil our contractual obligations.

Learning by Questions Ltd reserves the right to modify this Privacy Notice at any time without giving you prior notice. Following any such changes, we will notify you and offer you the opportunity to review and accept the changes.

You can help make your use of the site safe and secure by adopting some basic security practices:

  • Choose a strong password
  • Do not share your password with anyone else
  • Be aware that someone could be looking over your shoulder
  • Make sure your PC and software is up to date
  • Always close your browser or log out of the site after you have finished using it

1   Information we collect about you

The information we collect varies with how you use the site and whether you're a visitor, an individual user registered for a time limited Trial, or a member of a School Account. To benefit from the time limited Trial you will have to register for an account with the site. As a member of a School Account your account may have been created by you and added to a school account or may be created for you by your school. Please review the parts of section 1 relevant to your use of the site.

1.1 Data collection information for visitors 1.2 Data collection information for individuals using the site on a time limited Trial basis 1.3 Data collection information for users of the site who are members of a School Account. 1.4 I'm a pupil and my teacher/school has asked me to use the site 1.5 I'm a parent/carer and my child's teacher/school has asked my child to use the site

1.1   Data collection information for visitors

When you visit the site and you are not logged in then we will not collect any personal data about you. We do though collect anonymous data to record what pages are visited, in what order and how long for. We will also record part of your IP address to help give us some idea about which part of the world you are browsing from.

To collect this information we use the Google Analytics tools to capture and analyse this data. The analysis we perform is on aggregated data and is only able to show broad trends in the use of the site. Non-aggregate data is deleted after 14 months.

The site is configured to respect 'Do not track' requests issued by your browser. Search online or in your browser's help to learn more about 'Do not track' settings.

1.2   Data collection information for individuals using the site on a Time Limited Trial basis

By accepting the terms of this Privacy Notice you are giving your consent for Learning By Questions Ltd to collect and process your data as outlined below (1.2.1 & 1.2.2), your consent and our legitimate interest is our lawful basis for that processing. Your account is strictly for your use and must not be shared with anyone else.

Users taking advantage of the Time Limited Trial may not use the site to make any lasting record of data that might be regarded as personally identifying another individual. To facilitate a fair assessment of the potential of the site, the system will make and display (to you) a temporary record of pupil names given by your pupils while they are directly engaged in completing a task you have set for them via the site. These temporary records will automatically expire after 2 hours or, if sooner, when you end a task. On expiry, pupil name data will be automatically and irretrievably anonymised.

You are encouraged to consider whether you should devise a system of pseudonyms with your pupils to further protect their privacy. The site's default is not to display pupil names, you have the facility to reveal pupil names but are encouraged to consider your pupils' privacy before doing so.

Learning by Questions Ltd assumes that prior to using the site to create temporary records of pupil names, you have secured all the necessary consents from your school and that your school is fully conversant with your activities. If it becomes known to the company that your use of the site is not in accordance with this clause the company reserves the right to suspend or remove your access to the site.

1.2.1   I'd like to register and create an account on the site

Initially to create your account with the site, we collect your title, first name, surname, email address, date & time of your application and the password you create. Pseudonyms may be used in place of forenames and surnames, however for us to process your registration you must submit a valid email address. Your password will be hashed within our system using the industry leading bcrypt hashing function.

We will also ask for your consent to receive communications from Learning by Questions Ltd and ask for some further optional background information about your school. Withholding consent or not providing additional information in no way prejudices your ability to access the core functionality offered as part of the Time Limited Trial of the site.

We will then send an email to the address supplied inviting you to activate your account. If you accept the invitation we will record your acceptance and the date & time it was made.

If you haven't responded to the invitation to activate your account within 2 months we will delete your data from our system. There is nothing preventing you from registering again at a later date with the same personal information.

1.2.2   I've registered with the site for the Time Limited Trial and I'm currently logged in

When you login to the site we record the date & time of your login. We will also record key aspects of your use of the site, without recording and processing this data we cannot deliver our services. Therefore we will make a record in our database of:

  • Date/time and identity of any question-set you set as a task for your students
  • Anonymised names* and responses given by students during a task you have set
  • Any adaptations you make to a question set
  • Date and identity of any question set you place in your 'planning calendar'
  • Identity of any question set you place in your 'favourites'
  • Any data, including but not limited to: text relating to questions, answers, feedback, titles or images, you submit to the site when authoring your own questions and question sets (See 1.6 for full explanation and additional terms relating to user authored content)

To help monitor the performance of the site and to further improve our service we will in our legitimate interests also record:

  • Which pages on the site you have visited, in what order and for how long.
  • What actions you make on certain pages of the site, for instance which links or buttons are clicked and in what order. This data is more detailed and focuses on areas of the site involving complex interactions. We will use data collected to help improve and develop your experience of the site. Specifically we will record:
  • Which of the various aspects of pupil answer data you view while using the site with your pupils
  • Which of the various presentation tools you use while using the site with your pupils
  • Which Question sets you preview and whether you subsequently use them with your pupils.
  • Which Question sets you adapt
  • What terms you use to search for question sets

We will process this data to assist in our analysis of:

  • Frequency / patterns of use of various aspects of the site
  • Popularity or otherwise of the resources available on the site
  • Effectiveness of guidance on the use of the site - given both directly on the site and elsewhere
  • Potential enhancements to the site and its contents

Additionally some key features of the site make it necessary for us to temporarily record data on your computer/device in the form of cookies See Section 1.7 for a full description of the way we use cookies and other modes of temporary data storage.

* Users taking advantage of the Time Limited Trial may not use the site to record any data which might regarded as personally identifying another individual, Therefore certain types of data are automatically anonymised

1.3   Data collection information for users of the site who are members of a School Account

For users of the site who are members of a School Account our lawful basis for processing your data is to fulfill the subscription contract between your school and the Company consent and our legitimate interest. Data collection on behalf of schools is further detailed in our data processing agreement with your school.

When a user's account is part of a School Account there is limited scope for sharing data, collected as you use the site, with users who have 'administrative user' status for the same school account. You can also choose to share any question-sets you create with other users in the school.

Your school's account will have one or more administrative users, these users are able to add new users to the school, allocate access to the site's resources to users and view information about users' account activation status.

1.3.1   My school has created a teacher account for me

Schools may invite teachers to become members of their school account. In this case the school will create an associated individual account for you using your name, email address and date of account creation. the Company will use that data to send you an email invitation to join the school's account. Your acceptance and completion of the account creation process is at your discretion and the Company will not act to begin collecting data about you until you have indicated your consent. On receipt of the invitation you can:

  1. Ignore the invitation in which case if you haven't responded to the invitation within 2 months and activated your account we will delete it from our system
  2. Report the invitation to the Company if you have any suspicions about its validity.
  3. Accept the invitation and complete the creation of your account.

To complete the creation of your account you will be asked to create a password, this password is personal to you and will not be shared with your school. Your password will be hashed within our system using the industry leading bcrypt hashing function. We will also record the date & time of the completion of your account creation. We will also ask for your consent to receive communications from us. Withholding consent in no way prejudices your ability to access the core functionality of the site.

1.3.2   I'm a member of a School Account and I'm currently logged in to my account.

When you login to the site we record the date & time of your login. We will also record key aspects of your use of the site, without recording this data we cannot deliver our services. Therefore we will make a record in our database of:

  • Date/time, class name and identity of any question-set you set as a task for your students
  • Names, responses given by students during a task you have set
  • Any adaptations you make to a question set
  • Date and identity of any question set you place in your 'planning calendar'
  • Identity of any question set you place in your 'favourites'
  • Any data, including but not limited to: text relating to questions, answers, feedback, titles or images, you enter into the site when authoring your own questions and question sets (See 1.6 for full explanation and additional terms)

To help monitor the performance of the site and to further improve our service we will in our legitimate interest also record:

  • Which pages on the site you have visited, in what order and for how long.
  • What actions you make on certain pages of the site, specifically which links or buttons are clicked and in what order. This data is more detailed and focuses on areas of the site involving complex interactions. We will use data collected to help improve and develop your experience of the site. Specifically we will record:
  • Which of the various aspects of pupil answer data you view while using the site with your pupils
  • Which of the various presentation tools you use while using the site with your pupils
  • Which Question sets you preview and whether you subsequently use them with your pupils
  • Which Question sets you adapt
  • What terms you use to search for question sets

We will process this data to assist in our analysis of:

  • Frequency / patterns of use of various aspects of the site
  • Popularity or otherwise of the resources available on the site
  • Effectiveness of guidance on the use of the site - given both directly on the site and elsewhere.
  • Potential enhancements to the site and its contents

Additionally some key features of the site make it necessary for us to temporarily record data on your computer/device in the form of cookies. See Section 1.7 for a full description of the way we use cookies and other modes of temporary data storage.

1.4    I'm a pupil and my school has asked me to use lbq.org

If your school asks you to use lbq.org then you will be using a web browser or our app (LbQ Tasks) to connect to the site and answer questions. The questions may have been made by Learning by Questions Ltd or by teachers in your school. The questions are chosen by your teacher and unless your teacher has set some questions for you to answer you won't be able to connect to lbq.org.

When you first connect to lbq.org you will be asked to enter your name. Your teacher will decide, and tell you, whether you should use your first name, surname, whole name, initials, a made up name or even a nickname

When you have entered your name you can start answering questions. Every time you answer a question the site will record your answer, what time you answered at, how long it took you to answer and if your answer was correct or incorrect. Your teacher and other teachers in your school will be able to see all of this information. The site also uses this information to show your teacher:

  • how long it has been since you last answered a question
  • how many times you have tried a question
  • how many questions you get right first time
  • how well you are doing compared to other pupils in your class
  • Which questions your class finds hardest or easiest

Your school may be trying out lbq.org to see if you and your teachers like using it. If this is the case your teacher will only be able to see your name while they are sending you questions. When your teacher stops the questions, lbq.org will scramble up your name so that no one (not even your teachers or your school) can see what answers you have given ever again.

1.5   I'm a parent/carer and my child's teacher/school has asked my child to use the site

If your child's school asks your child to use lbq.org then they will be using a web browser or our app (LbQ Tasks) to connect to the site and answer questions. The questions may have been made by Learning by Questions Ltd or by teachers in your child's school. The questions are chosen by your child's teacher and unless a teacher has set some questions for your child to answer they won't be able to connect to the lbq.org.

When your child first connects to the site they will be asked to enter their name. Individual schools and teachers will decide and tell your child what naming conventions they should use e.g. first name, surname, whole name, initials, a pseudonym, etc. By default when pupil names are displayed they are pseudonymised ('Pupil1, Pupil2...') so it is not possible for pupils to see how other pupils are progressing unless their teacher chooses to share this information.

The lbq.org system is first and foremost an 'in the moment' teaching and learning system, it is not designed to capture longitudinal assessment data about individuals. Given this premise, student names are not rigidly recorded in the lbq.org system. This means that there is no data generated or collected to categorically confirm that Pupil A in one lesson is the same as Pupil A in another lesson. This approach allows the lbq.org system to be easily adopted and maintained by schools and also has the benefit of minimising the amount of categorically identifiable personal data recorded about pupils.

Your child's teacher may be using lbq.org on one of two bases: under our 'Schools Account Agreement' or with an 'Individual Trial Account'. In both cases Learning by Questions Ltd makes an overriding assumption that schools and teachers have the necessary consent to record pupil data as set out in this notice. In the case of teachers with an individual trial account, data we record as pupil name data is irretrievably anonymised after a maximum of two hours.

Once connected to the site your child will be able to answer questions their teacher has set. Every time a question is answered the site will record the answer, what time the answer was made, how long it took to answer and if the answer was correct or incorrect. Your child's teacher and (in the case of teachers belonging to a Schools Account) other teachers in the school will be able to see all of this information. The site also processes this information to show teachers:

  • How long it has been since a child last answered a question
  • How many times a child has tried a question
  • How many questions a child gets right first time
  • How well children are doing compared to others in their class
  • Which questions the class finds hardest or easiest

1.6   I'm a Teacher and I've written my own questions

The site allows users to author questions and upload image and sound files which may be shared with other users (including students).

When you use the site to create questions or question sets we will record:

  • Any text entered in 'question', 'answer', 'feedback', 'competency', 'notes' and 'title' fields.
  • Any image or sound files uploaded
  • Any rules you set determining the way pupils can progress through a question set
  • The date & time when you save your work

Users should note: that to ensure the ongoing integrity of any pupil answer data previously collected in response to a question or question set, that when a question or question set is edited it does not delete or wholly overwrite any earlier versions. In accordance with this, although questions and question sets you create are personal to you, if, as a member of a school account you choose to share your questions with other users in your school or set them as tasks for your pupils it will be necessary to retain copies of your questions on lbq.org to protect the integrity of data relating to other users of the site.

Learning By Questions Ltd is not responsible for the quality or propriety of user created questions and question sets. Additionally, it is the responsibility of the user authoring such content to ensure they have not infringed the intellectual property rights of third parties. Learning By Questions Ltd reserves the right to remove or limit access to any user authored content at our sole discretion or as required by law or to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on Learning By Questions Ltd.

1.7   Cookies and temporary data storage used by Learning By Questions Ltd

Cookies are small files placed on your computer when you visit the site .W e classify cookies into three types.

Session Cookies: are required to maintain access to your account after you have logged in to the site. If these cookies are not permitted you will not be able to log in correctly or access many features of the site. These cookies are removed when you log out of the site or close your browser.

Functional Cookies: are used to temporarily store information about your use of the site. For instance, cookies will remember the criteria you have used to search for an item of content so when you return to a search page your search criteria will be preserved. These cookies are removed when you log out of the site or close your browser.

Analytic Cookies: are third-party cookies and collect anonymous information about how visitors use our website. If you give your consent we will use the Google Analytics tools to capture and analyse this data. The analysis we perform is on aggregated data and is only able to show broad trends in the use of the site.

2.   Who is collecting my information and who might it be shared with?

When you are on the site and are asked for personal information, you are sharing that information with Learning By Questions Ltd and its subsidiaries. Learning By Questions Ltd is a Private Limited Company (Company #: 10240336) and is wholly owned by the Bowland Charitable Trust (Charity #: 292027)

For individuals who register for the Time Limited Trial, Learning By Questions Ltd. has the roles of both Data Controller* and Data Processor* with regard to the data shared with us.

For users who are part of a school account then the School has the role of Data Controller and the Company has the role of Data Processor and is processing your data in accordance with your school's instructions. In this case your data is shared by and controlled by your school.

* The ICO offers the following definitions of a Data Controller and Data Processor

'A controller determines the purposes and means of processing personal data.'

'A processor is responsible for processing personal data on behalf of a controller.'

For any user (school or individual) who gives consent for the Company to use their data for the purposes of marketing (and any other non transactional communications) then the Company has the roles of both Data Controller and Data Processor in respect of that processing.

Where consent is given for marketing communications the Company will additionally store your limited contact details (email address & name) with one or more third party providers for the purposes of fulfilling our marketing objectives. The Company is responsible for ensuring that any third party subcontractor or provider is fully compliant with Data Protection regulations. Learning by Questions Ltd may additionally process data we hold about your use of the site in order to ensure that any marketing communications are timely and relevant to you; for instance, primary teachers may not be interested in new resources we have produced for secondary pupils.

You may opt to stop receiving marketing communications at any time by: using an 'unsubscribe' feature in any marketing email we send, updating your consent within the site or, simply contacting us and making that request directly.

The Company reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process initiated by or served on the Company.

3.   Under what circumstances would Learning By Questions Ltd contact me?

Under most circumstances the Company will not contact you except to deliver necessary transactional information, or if you have consented to receive marketing information.

Transactional communications take the form of email generated automatically in the process of: registering for an account, requesting a password reset, generating and processing orders. Records of these communications may be stored in our database and other systems including paper based filing systems.

In extraordinary circumstances we may send you notification email, for instance, when a crucial change has been made that could affect your access to the site. However for the most part we will attempt to deliver such notifications directly via the site.

4.   What will happen if I contact Learning By Questions Ltd?

If you contact Learning By Questions Ltd we will normally keep a record of that and any subsequent communication between us. Depending on your reason for making contact and the method of contact we will be able to respond in different ways and will make a record in the most appropriate way. This may variously be: manually recorded, recorded in our email systems or recorded in the site database.

Where an enquiry is general in nature, for instance regarding some aspect of the functioning of the site or our services, we will attempt to satisfy the enquiry in a timely manner without recording or accessing any personal data. When we cannot immediately deal with an enquiry or you request that we contact you at a future time we will record whatever data is necessary (e.g. name, phone, email, address) to adequately respond to you.

Where an enquiry is specific to an individual user it will be handled in accordance with the principles set out in section 6: Your rights regarding personal information held about you by Learning By Questions Ltd

Where an enquiry can be classified as technical support we will, as far as possible, attempt to respond in general terms. However this may not always be possible and it may on occasion be necessary to examine your personal data in order to resolve technical issues or offer specific guidance. In these cases we will seek to confirm your identity (normally by email) and consent for this before we act. Where applicable we may, in some circumstances, also seek the consent of your school.

5.   How Long Does Learning By Questions Ltd retain my data for?

As well as aiming to collect as little of your data as possible, Learning By Questions also aims to keep your data for the shortest time possible, and to give you as much control as we can over this.

For individual users who use the site on a Time Limited Trial basis we will retain your data for as long as we regard you as an active user, if you make no use of the site for a period of 14 months we will delete your account and any data associated with it. This would in no way prevent you from creating another account at a future date using, if you wish, the same personal details.

For users who are members of a School account, we will retain your data for a minimum period coinciding with the period of your subscription. Following the end of a subscription we will retain your data for as long as we regard you as an active user, if you make no use of the site for a period of 14 months we will delete your account and any data associated with it.

Records of our contracts and any transactions with schools will be retained for a minimum of 6 years to comply with legal / accounting requirements.

6.   Your rights regarding personal information held about you by Learning By Questions Ltd

Where you are a member of a school account your school is the data controller and you should approach your school about exercising your rights. If you approach us directly we will in many circumstances refer the query to your school.

The law provides you with certain rights to access, erase or rectify your personal data. Our intention is to make as much of your data as possible accessible and editable via your account or your School Account however we recognise that this may not cover all data and may be impractical in some circumstances. You are therefore invited to make a direct request to exercise your rights.

Users also have a right to data portability, under this right we will provide a full transcript of data the company holds about you in a machine readable form (normally CSV or XML)

You can make requests directly to Learning by Questions Ltd in writing (info@lbq.org) or verbally. Subject to satisfactory confirmation of your identity, we will act fulfill your request within 30 days.

Our /Individual-Rights-Policy details the individual rights of data subjects under data protection and privacy legislation (including GDPR).

7.   What security precautions are in place to protect my information?

Our privacy policies, systems, practices and technology are all structured to ensure compliance with the GDPR and give assurance to all our users that we are handling their data in the most responsible way achievable.

Learning By Questions Ltd is registered with the ICO (ZA307554) and all data collected and stored by us is handled in compliance with the General Data Protection Regulations (GDPR). We apply a range of measures (see /Data-Security-Policy) to protect personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, should be regarded as 100% secure. Therefore, while we strive to use appropriate means to protect your personal information, we cannot guarantee its absolute security.

Your account information is protected by password, your password is stored in encrypted form and cannot be accessed by anyone. You should keep your password private at all times. You should also remember to log out of your account and close your browser window when you have finished using the site.

Learning By Questions Ltd cannot and does not ensure or warrant the security of any information collected by use, transmitted over the Internet, or maintained in your user account. You agree that any data transmission you make or receive through the Site is at your own risk.

Our /Data-Security-Policy details the practical, organisational and technical measures we take to protect data.

8.   Your right to lodge a complaint

If after contacting us regarding data we hold about you, you are not satisfied with our response you have the right to lodge a complaint with the Information Commissioners Office (https://ico.org.uk/)

Learning by Questions Ltd's registration number with the ICO is (ZA307554)

https://ico.org.uk/your-data-matters/raising-concerns/