With the introduction of the GDPR requirements, we would recommend updating your Terms and Conditions to include a section describing the use of personal data.
Although there is a right for pupil data to be deleted, there is also a requirement in the new legislation that nothing in GDPR should conflict with existing legal requirements.
The HMRC requirement to maintain transaction data remains – the need to keep lesson payment data for 6 years after the tax year in which the transaction took place. As such, we do not suggest deleting any pupil data from the app until you are satisfied you can meet the HMRC requirements – you might wish to discuss this with the HMRC Self Assessment team before taking any action.
We have updated the standard Terms and Conditions we’ll be putting the next version of the app. The wording we’ll be using has been shown below, which you are free to use if you wish, however as we’re not lawyers ourselves, we can accept no liability arising from this, so please feel free to take your own legal advice on what wording you choose to use.
Terms and Conditions
1. You must be of legal age to drive and produce a valid UK/Northern Ireland provisional Category B driving licence. In Great Britain, both the photocard (or old style paper licence) and a permission code to verify the licence online must be produced. If an older style paper licence is held, then you must also produce a valid passport as photographic identification.
For motorway, Pass Plus or refresher lessons a full valid licence (for the appropriate category) and permission code must be produced, with identification if necessary, as above.
You must meet the minimum eye test requirements, which means you must be able to read a standard UK approved number plate at a minimum distance of 20.5 metres (67 feet). If you need to wear glasses or contact lenses in order to meet this requirement then by law you must wear them whenever you drive.
2. You must notify your instructor of any change of your ability or entitlement to have driving tuition, for example if your provisional licence has been revoked or for medical reasons such as epilepsy.
3. If you wish to cancel a lesson, a minimum of 24 hours notice must be given. Failure to give 24 hours notice will the result in the lesson(s) having to be paid for. Lessons can be cancelled by telephone or text message but must be acknowledged by your instructor.
4. If your instructor turns up on time at the pre-arranged pick up point and you do not show your instructor will wait 10 minutes if there is no contact made between you. After 10 minutes they will leave and you will have to pay for the lesson.
5. Your instructor will endeavour to arrive on time however, due to unforeseen circumstances such as breakdown, accidents, traffic hold ups etc, lesson times may need to change or even be cancelled. If cancelled by your instructor, no fee will be charged.
6. Lessons must be paid for in advance or at the time of the lesson by cash or cheque. Your instructor will advise you to whom the cheque should be made payable.
7. You must not be under the influence of drugs/alcohol during the training. In the event of there being any signs of drugs/alcohol misuse, your instructor will withhold the use of the training vehicle for use of tuition or driving test until you are in a legal and fit state to drive. Any prescribed medication that may effect your driving should be declared to the instructor and to the DVLA medical board.
8. Should you fail to reach a satisfactory standard of driving and are likely to be a danger to other road users, or are in an unfit condition through substance or alcohol abuse as described above, the ADI has a responsibility to the DVSA examiners not to allow the use of the training vehicle for the purpose of the driving test. This is in the interest of the pupil, the examiner and other road users and is a precautionary safety measure. DVSA guidelines do not allow a pupil to take a practical test just for the experience.
9. No responsibility can be taken for tests cancelled by the DVSA for whatever reason. Lessons will have to be paid for but can be claimed back from the DVSA. The instructor cannot be responsible if you fail because of the eyesight test. Your instructor will be responsible if the test is cancelled due to the condition of the tuition vehicle.
10. By agreeing to these Terms and Conditions, you give permission for your personal data to be held securely in the computer systems of your instructor, driving school (if different) and (the software providers) Instructor Software Limited, for the purposes of delivering training services to you and mandatory record keeping. Under no circumstances will your personal data be sold, transferred to or shared with any third parties without your specific consent. Data securely held may include your name, birthdate, address and contact details, along with details of lessons, payments, progress and reflective log comments. All data held about you are able to be viewed via your instructor’s iPad.