Effective Date: These Terms and Conditions are effective from 16th November 2021
1 Definitions used in these Terms and Conditions
- Authorised User – An individual user that has been set up by a School/Setting administrator allowing them to access all data that is tied to a School/Setting Account
- Effective Date – The date from which these Terms and Conditions are effective
- EYFS Tracker – The online early years tracking system accessed via the Website.
- Licence Period – A period of time, defined by a start and end date, that you are allowed to use the EYFS Tracker for based on the licence you have purchased from Mime Consulting. This is normally a period at least one year.
- Licence Holder – A School/Setting that has registered and paid for an account for a defined Licence Period.
- Mime Consulting (“we”, “our”, “us”) – The limited company responsible for developing EYFS Tracker and the owners of EYFS Tracker (registered at Companies House – number 6306298)
- Sensitive Data – Data on individual children that has been entered by Authorised Users on the EYFS Tracker
- Setting – An organisation providing childcare that is not a school (e.g. private nursery, childminder)
- School/Setting Account – The account for an overall School/Setting (as opposed to an individual Authorised User)
- School/Setting (“you”) - The organisation that has registered an account with EYFS Tracker. In the case of Licence Holders, this will normally be the name of the organisation on the invoice (at the address stated on the invoice).
- Third Party – Another organisation which is legally separate to Mime Consulting Ltd
- User Account – An individual user account that is tied to a School/Setting Account
- Website – www.eyfstracker.com (and associated domains such as www.eyfstracker.co.uk)
2 Usage of EYFS Tracker
By using the Website or by creating an EYFS Tracker account, you are agreeing to these Terms and Conditions. If you do not agree to any of these Terms and Conditions you should not use the Website or create a User Account.
Your privacy and the protection of your data are of the utmost importance to us.
By using EYFS Tracker and/or by registering an EYFS Tracker account, you are consenting to the use of your information as set out in this Privacy statement. If you do not agree to any of the provisions of this Privacy statement you should not use the Website.
3.1 Information provided by you when creating an account
When you create an EYFS Tracker account you will be asked for the following information:
- Essential information - Your name, email address (which will also be your username) and your School/Setting.
- Non-essential information – You can also tell us your phone number (for assistance in us providing you with technical support) and the postcode of your School/Setting.
3.2 Information we store when you use EYFS Tracker
The following information will be securely stored from your use of the Website:
- The Internet Protocol (IP) address of the device from which you access the website from (which could be used to identify the city from which you are accessing the website)
- The time, frequency and duration of your visits to the website
- The device and operating system used to visit the website (so we can understand which technology we need to support)
- The data you enter when using the EYFS Tracker. This includes:
o The names and characteristics of the children in your School/Setting. If you provide it, this will include special categories of personal data including ethnicity, language and special educational needs
o The assessments and notes you make on your children
o Photos and other attachments that you upload
3.3 How we will use this information
We will use your information in the following ways:
- To allow you to securely retrieve the information from different Internet-enabled computers via the Website
- To allow you to produce analysis reports and learning journey booklets
- For us to provide technical support to you
- To communicate information about the EYFS Tracker to you via email. For example, new features or to send invoices (this may be via a third party email system)
- If required to do so by law (including in response to a court order or other legal demand)
- In the event that Mime Consulting or EYFS Tracker are sold or on a merger of our business, or in the event of our insolvency, we may transfer your information to any person or company that acquires all or substantially all of the assets or business of EYFS Tracker
- To produce anonymous, aggregate analysis to gain insight or trends to share in blog posts or report for the EYFS Tracker community. This analysis will never name individual children or settings and will be suppressed if there are five children or fewer in a group
- Where you have subscribed through your local authority or multi-academy trust, to provide aggregate analysis to them
There are certain things we will never do with your data:
- We will never share information about you as an individual or as a School/Setting to marketing organisations without your consent
- We will never make public information about you as an individual
- We will never send you spam emails
3.4 Accessing the information we hold about you and the children at your School/Setting
The information we hold about the children at your School/Setting, including children that have left, can be viewed in the “My Children” and “Results” sections of the EYFS Tracker. Reports with their data can also be produced and exported from the Analysis and Learning Journey sections. You can use these to fulfil any Subject Access Request (SAR) you receive.
The personal information we hold about you and your School/Setting can be seen on the “My Account” page.
3.5 Requesting that we delete the information we hold about you or the children in your School/Setting
If you wish for us to delete the personal information we hold about you from our servers, please email us at firstname.lastname@example.org. We will then delete your individual User Account within a reasonable period of time. However, we may need to retain some of your personal data in order to fulfil our legal obligations, or where we have a legitimate reason for doing so.
If you wish for us to remove all information we hold about your School/Setting and the children at your School/Setting, please email us at email@example.com. We will only accept requests for deletion of an entire School/Setting’s account from an admin user or from the Headteacher or most senior manager of the School/Setting.
In the event that more than one user has an individual User Account for your School/Setting, upon receiving a request for deletion of data for a School/Setting we will contact all other users by email to inform them that the account is due to be deleted, along with a timeframe for the deletion of the data. We will also contact the Headteacher or most senior manager of the School/Setting before deleting the account.
Once all users have been contacted, we will delete the School/Setting account, and all the linked children’s characteristic and assessment data within a reasonable period of time.
Note that, because many users choose to return to the EYFS Tracker having let their trial end (and wish to carry on using the same data), we do not automatically delete user accounts or School/Setting data when trials or licences expire.
To find out how to see what cookies have been set and how to reject and delete cookies, please visit www.aboutcookies.org. To opt-out of analysis by Google Analytics on the Website and other websites, please visit tools.google.com/dlpage/gaoptout.
4 Data Protection & Security
We take security of your personal data very seriously and as such:
- Security certificates are used on the website, similar to those employed by banks, to help prevent hacking.
- Data is held on a secure server, with multiple levels of 24/7 security.
- All our employees that have access to Sensitive Data on the EYFS Tracker servers are DBS checked.
- The system locks automatically after a number of minutes non-us to ensure a computer left unattended will not allow access to the system.
- All user passwords are encrypted and only known to users themselves.
- Where handling personal data, Mime Consulting shall abide by the terms of the General Data Protection Regulation (GDPR).
- We adhere to a strict Information Security and Data Protection Policy (available on request) to ensure compliance with GDPR. All employees and sub-contractors requiring access to confidential or Sensitive Data sign to confirm their acceptance of this policy.
- We are registered with the Information Commissioners Office (reference number: Z1059351) and have a data sharing agreement with the Department for Education (only available to companies passing a series of strict security standards).
4.1 Backing up your data
We shall follow our standard backup procedures for taking periodic backups of your data. These include daily backups, and monthly backups kept for a period of 6 months.
In the event of any loss or damage to your data, we will use our best commercial efforts to restore your data lost or damaged from the latest back-up of your data we maintain in line with our standard backup procedure.
4.2 Retention period
Unless you have already requested that we remove your data, we will securely delete all sensitive and personally identifiable child data from the system three years after your Licence ends. This means that users who come back to us after a period of non-use will still have a history of their data.
5 Terms of licence
If you have purchased a licence for the EYFS Tracker, we hereby grant to you, subject to these Terms and Conditions, a non-exclusive, non-transferable and non-refundable licence for the EYFS Tracker.
The licence for the EYFS Tracker will permit use up to an agreed amount of children (confirmed via email or on the invoice). If you knowingly need to exceed this number of children, you must contact Mime Consulting as soon as possible, as this will affect your licence cost.
You shall not, and shall ensure that your Authorised Users shall not, store any material on the Website that is unlawful, harmful, defamatory, obscene, racially or ethnically offensive, depicts sexually explicit images, or promotes any unlawful activity.
You shall pay the fee set out on the invoice within 28 days the invoice date. If we have not received payment within 10 working days of the due date, we reserve the right to charge interest on the due amounts at the rate of 2% over the Bank of England base rate.
5.1 User Accounts
You are responsible for creating Authorised User accounts for any individual that you wish to access data in your School/Setting account. These users may be administrators (who can create or block other user accounts), or standard users.
You should not share individual User Accounts between different users.
If you do not want a particular Authorised User to continue to access the Website (for example if they leave your School/Setting), an administrator for your School/Setting must change their access rights in the “My Account” section (by changing “User ID enabled for login” to “No”).
6 Changes to the Website and Access to the Website
6.1 Website Availability
The Website will normally be available 24 hours a day. However, we make no guarantees that the Website will be available for 100% of the time, as there may be periods of site maintenance, upgrades or server outages that necessitate some downtime.
We reserve the right at any time to discontinue providing access to the Website, temporarily or permanently. In the case of any suspension or discontinuation we shall use all reasonable endeavours to notify registered users of such decision well in advance.
Note that it is very unlikely that we will permanently discontinue providing access to the website whilst we have active licence holders. However, if we did discontinue providing access (for example because the government had changed their statutory framework and there was no longer a reason to track the progress of children), we will endeavour to provide at least 12 months’ notice to licence holders. If this meant that a licence holder was not able to access the website within their licence period (for example if they had a multiple year licence), a proportionate reimbursement would be made to the School/Setting.
You hereby agree that the EYFS Tracker Team, Mime Consulting and their subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, or for any decision to suspend or discontinue the Website, or your possibility to use or access the same from or within any territory or territories.
6.2 Changes to the Website
Features are often added to or removed from the EYFS Tracker following feedback from our Licence Holders.
We may withdraw, or introduce, new features, products or types of account at any time and for any reason, and may change the prices charged for licences for the Website. In the event of any increase in the price or material reduction in the features of any account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your licence. You will have no obligation to continue using the EYFS Tracker following any such communication.
7 Ownership and Copyright
The Website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Title, ownership rights, and all intellectual property rights in and to the Website and Documentation shall remain with Mime Consulting and/or its licensors. You agree not to modify the Website, reproduce or distribute the Website except as expressly authorised herein, create derivative works of, or attempt to decipher, translate, decompile, disassemble, reverse engineer the Website or otherwise attempt to derive the source code of the Website or assist or encourage any third party in doing so.
The Licence Holder has no right (and shall not permit any third party) to modify in any way the Birth to 5 Materials ("the Materials") in whole or in part.
8 Limitation of Liability & Indemnity
The Website is provided "as-is". Mime Consulting hereby disclaim all representations and warranties, express or implied, with respect to the website, including without limitation, warranties of fitness for a particular use or purpose, merchantability and non-infringement.
Whilst Mime Consulting will use reasonable endeavours to correct any errors or omissions on the Website as soon as practical once they have been brought to our attention, we make no warranties that the Website will operate without interruption or be error-free. We make no representations about the suitability of the Website or about the accuracy of any content or information made accessible by the Website.
Neither Mime Consulting, the EYFS Tracker Team nor anyone else who has been involved in the creation, production or delivery of the Website shall be liable for any loss of revenue, profit or data, or for damages (including direct, indirect, incidental, punitive, consequential and special damages) under any theory of liability (including tort, contract, or any other theory) arising out of your or any third party’s use or inability to use the Website (including that resulting from a temporary or permanent suspension of service), even if advised of the possibility of such damages.
Under no circumstances will Mime Consulting or the EYFS Tracker Team be held responsible for the outcomes of any decisions made, or any advice or guidance provided as a result of the information used on EYFS Tracker.
You hereby agree to indemnify, defend and hold harmless Mime Consulting, the EYFS Tracker Team, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
- any violation by you of these Terms and Conditions
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Mime Consulting or EYFS Tracker
9 Changes and updates to these Terms and Conditions
We may occasionally update these Terms and Conditions (for example when introducing new features) and when we do so, we will revise the Effective Date shown. Please check back here from time to time to ensure that you are aware of any changes to these Terms and Conditions of use. Your use of the Website means you accept the Terms and Conditions that are shown on the Website at the point of use.