1. Background to this notice

Language Testing and Assessment Services (LTAS Ltd), using the trademark English for Aviation Language Testing System (EALTS) for its English for Aviation language testing and assessment service (hereinafter known as “LTAS”) understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our actual and potential clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

We will comply with data protection law. This says that the personal information we hold about you must be:

LTAS Ltd does not currently, nor do we have any plans to, sell or otherwise make available any of your data to any third party. Where we do collect personal information via our digital offerings, prior to finally submitting any personal information, we will endeavour to ensure that you are informed as to:

1. used lawfully, fairly and in a transparent way;
2. collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
3. relevant to the purposes we have told you about and limited only to those purposes;
4. accurate and kept up to date;
5. kept only as long as necessary for the purposes we have told you about; and
6. kept securely.

2. What does this notice cover?

This notice applies to prospective and actual clients (test centres, test takers, remote raters and VLE users), general public and visitors. This notice does not form part of any contract to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as is reasonably practical.

This privacy notice describes how LTAS collects and uses personal information about clients or potential clients, visitors or the general public and related parties such as regulatory authorities, in accordance with the General Data Protection Regulation (GDPR).

3. Who controls your data?

In some cases you will initially provide data to us directly, for example to obtain a login authorisation to the Virtual Learning Environment (VLE). Under these circumstances, LTAS acts as a data controller. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

In many cases, your personal data will be obtained from a third party, for example a Local Test Centre (LTC) which administers the EALT on behalf of LTAS in authorised test centres globally. Where LTAS receives your data from such a third party, we will have a contract for services in place and we are the data processor for that information.

It is important that actual and potential clients read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.

4. Information about us

LTAS Ltd, using the trademark EALTS, is a Limited Company registered in England under company number 6563477.

5. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the GDPR) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 6, below.

6. What Personal Data do we collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us:

We may collect sensitive personal information

Special categories of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

1. In limited circumstances, with Client explicit written consent.
2. Where it is needed in the public interest, such as for equal opportunities monitoring.
3. Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect a client’s interests (or someone else’s interests) and the client is not capable of giving consent, or where the client has already made the information public.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect the interests of you (or someone else’s interests) and you are not capable of giving your consent, or where a client, as is relevant to the circumstances, has already made the information public.

7. How is your personal information collected?

We usually collect personal information about test centres and potential test centres through direct contact or via hard copy application forms sent to potential test centres. We may also collect personal information directly via meetings.

We collect personal information about test candidates through hard copy application forms at our test centres worldwide as part of our enrolment process.

We collect personal information about remote raters through hard copy application forms as part of our application process.

We collect personal information about VLE users via a hard or soft copy application form at point of enrolment.

Cookies

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

We may use a single cookie, session-id, to identify you when you visit our websites, keep you logged in as you navigate our websites, and store temporary information during an application process. This functional cookie does not identify any individual, and is required for the correct operation of our website.

We will use service providers to analyse the usage of our website and social media sites and they may use cookies and those cookies may be stored on your computer when you visit our website. These cookies do not contain any information that is personally identifiable to you.

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version.

8. How do we use your Personal Data?

We will only use your personal information when the law allows us to. Most commonly and in general, we will use your personal information in the following circumstances:

1. Where we need to perform the contract we have entered into with you.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
4. Where you consent to our use of your data.



We may also use your personal information in the following situations, which are likely to be rare:

5. Where we need to protect your interests (or someone else’s interests).



Where it is needed in the public interest or for official purposes.

Your personal data may be used for one of the following purposes

• Providing and managing your training and assessment through LTAS or a subcontracted partner centre, where agreed.
• Your personal details are required in order for us to enter into a contract with you.
• Personalising and tailoring our training or testing services for you.
• Communicating with you. This may include responding to emails or calls from you.
• Complying with our legal duties generally.
• Supplying you with information by email or post that is reasonably necessary as part of your education and training.
• Managing Security.
• Other general purposes for the reasonable provision of language training and assessment services.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone, text message or post with information concerning our products or services. We may use records of your experience with LTAS or the EALTS as part of our marketing activities with your permission. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

Automated decision-making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

1. Where we have notified a client of the decision and given the client 21 days to request a reconsideration as is appropriate.
2. Where it is necessary to perform a contract with a client and appropriate measures are in place to safeguard the client’s rights as is appropriate.
3. In limited circumstances, with explicit written consent from the client, as is appropriate, and where appropriate measures are in place to safeguard client rights.

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either explicit written consent from a client as is appropriate, or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard a client’s rights as is relevant in the circumstances.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified the client as is appropriate in the circumstances.

In consideration of the above, LTAS uses automated decision-making for the assessment of language levels for the purposes of formative and summative assessment as part of the EALTS listening test component.

If a client fails to provide personal information

If a client fails to provide certain information when requested, we may not be able to perform the respective contract(s) or service(s) we have entered into with that client, or we may be prevented from complying with our respective legal obligations in respect of that client or others connected with LTAS.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you, as is appropriate in the circumstances, and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your respective knowledge or consent, as relevant to the circumstances, in compliance with the above rules, where this is required or permitted by law.

9. How long will we keep your personal data?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our retention policy which is available from LTAS as per Clause 13. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

10. How and where do we store your Personal Data?

Your data is stored in the following locations and formats.

Test Candidates

At the EALTS LTC where you enrol for and take the English for Aviation Language Test (EALT) or ICAO Expert Level 6 Assessment (ICAO ELSA) in both hard copy and digital form. Hard copy enrolment forms are securely destroyed after the appeal of results deadline period has passed (8 weeks after the test date), or after the outcome of any appeal has been concluded (if an appeal of results has been made).

Digital data is securely held:

1. on a server at the LTC
2. on an EALTS aggregation server, securely hosted in the UK in digital form
3. on an EALTS certification server securely hosted at the offices of LTAS in digital form

LTAS may use secure VPN or cloud based services in the UK and worldwide to hold information or from which to access information from outside the European Economic Area (the EEA, consisting of all EU member states, plus Norway, Iceland, and Liechtenstein).

Remote Raters

Digital data is securely held:

1. on an EALTS aggregation server, securely hosted in the UK.
2. on an EALTS certification server securely hosted at the office of LTAS.

VLE Users

Digital data is securely held:

1. on a cloud based, dedicated (not shared) server securely hosted in the UK.

11. Do we share your Personal Data?

We may be obliged to share your data with third parties, including third-party service providers and other entities in the group as part of our Company administration or service provision.

We require third parties to respect the security of your data and to treat it in accordance with the law.

In any circumstances in which your personal data is shared, we will always endeavour to restrict to the minimum what is shared.

We may have to share your data with relevant Public Authorities as part of our Legal Obligation to do so, such as confirmation of the authenticity of your EALTS certification.

We may have a legitimate interest to share your data with relevant academic bodies including quality assurance bodies, professional bodies, other educational providers and regulatory authorities. In some cases we will seek your consent to share information, such as with regard to potential future places of study. In general, reasonable sharing of your data with parties related to your educational programme may take place as part of our legitimate interests.

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

There may be circumstances of vital interest under which it would be appropriate to share your personal information.

Transfer outside the EEA

LTAS works with clients worldwide, including authorised LTCs and national regulatory authorities. As such and where relevant to you individually, we may transfer some or all of your personal data to countries that are not part of the European Economic Area. These are known as third countries and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows.

1. We will seek your consent to share information.
2. We will provide for appropriate contractual clauses with our clients.

12. Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

• Request access to your personal information (commonly known as a data subject access request). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes if applicable.
• Request the restriction of processing of your personal information. This enables you, as appropriate, to ask us to suspend the processing of personal information about you for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a subject access request.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 14. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, if your request is manifestly unfounded or excessive (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the manager as detailed in Part 13. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

13. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details for the attention of the Managing Director of LTAS Ltd:

14. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection. Any revisions to this Privacy Notice, in whole or in part, will be made available on our website at www.ealts.com