Privacystatement

Personal data:

Identification data
Name, address and contact details
Visual material
Financial details
Education data, such as enrolment and progress data
Communication from, to and with data subjects
Data on presence, availability, location, Internet behaviour
Employment details
Digital data

Learning Analytics²
Avans may process special and/or sensitive personal data for Learning Analytics. This applies, for example, to study progress, study-influencing personal and/or social factors, such as perceived study pressure and having a functional impairment. Visit this site for the most current processing purposes in learning analytics projects.

Purposes:

– recruitment & selection of new students
– support with orientation of choice of study programme, information purposes, Student Assessment Office
– organising and providing education, including testing and examination
– providing or making available (digital) learning resources, internal and external information
– recording results
– issuing certificates, diplomas and degrees
– preparation and execution of agreements with students
– implementation or application of statutory obligations, the organisation or provision of study information, including study advice
– customer involvement
– promotional activities, relationship management and marketing
– support with functional limitations
– offering of help, advice and personal counselling to students, including facilities, for study problems, as well as for problems of a psychological, social and/or emotional nature
– (research aimed at) quality improvement in education.

– internal and external information provision
– sending surveys (also for rankings)
– organising events
– invitations for advice
– volunteering or mentoring
– fundraising
– registering career developments for alumni for the purposes mentioned here.

– safety and security, organisational analysis, internal control, development and management reporting, justifications for accreditation studies
– audits
– financial administration (including calculation and collection of tuition fees, including transferring claims to third parties)
– management or purchasing and payment systems, implementation and management of IT procedures, legal affairs
– handling requests and disputes, complaints procedures and appeals and objections
– (market) research, organisational analysis, development and management reports
– library matters, physical and digital archiving
– employee participation and elections.

Learning Analytics³

Avans processes personal data in the context of Learning Analytics with the following processing purposes: (research aimed at) tailor-made advice on the quality and content of education, personal development and counselling of individual students, whereby analysis of the collected data improves the quality and possibilities of this.

² Learning Analytics. To better understand and optimise individual learning and the learning environment, and to be able to advise individual students better, Avans can use data science to measure, collect, analyse and report various data from students and their environment. The Avans Ethics Committee has carefully considered this processing and issued a positive opinion.

Avans aims to anonymise the data to be processed where possible but this is not always possible, for example, because of the intended feedback and advice to individual students. This privacy statement indicates under which circumstances the traceable personal data is processed.

³ Learning Analytics. To better understand and optimise individual learning and the learning environment, and to be able to advise individual students better, Avans can use data science to measure, collect, analyse and report various data from students and their environment. The Avans Ethics Committee has carefully considered this processing and issued a positive opinion.

Avans aims to anonymise the data to be processed where possible but this is not always possible, for example, because of the intended feedback and advice to individual students. This privacy statement indicates under which circumstances the traceable personal data is processed.

Personal data:

Identification data
Name, address and contact details
Background data
Visual material
Financial details
Appointment, performance and appraisal data
Communication from, to and with data subjects
Data on attendance, absenteeism, availability, location, Internet behaviour
Education level and diplomas
Employment history
Digital data

Purposes:

– recruitment & selection
– preparation and execution of the employment agreement (including employment conditions)
– preparation and execution of the employment agreement (including employment conditions) in the event of a transfer of the data subject to (temporary employment at) another organisational unit of the group to which the Executive Board of the Avans Foundation is connected
– determining salary entitlements, salary administration
– settlement of claims, internal control and auditing
– handling of personnel matters

– directing the activities of the data subject
– organisation and care of company medical care, company welfare work or the creation of a safe environment for the data subject
– training/education
– granting dismissal, executing claims for benefits in connection with the termination of employment and updating pension rights
– the administration of the association of former staff
– (the possibility of) granting dismissal
– placing claims in the hands of third parties.

– financial administration
– internal control and business security
– management of purchasing and payment systems, implementation and management of IT procedures, legal affairs, internal and external information provision, organisational analysis, development and management reporting
– preparation and execution of agreements with customers, consumers, suppliers and business partners
– relationship management, marketing and market research
– handling disputes, such as complaints, appeal and objection procedures
– audit by an accountant or (government) consultant
– physical access and management systems, management of websites, the Intranet (iAvans) and Microsoft Teams, library matters, physical and digital archiving, participation and elections
– sending information, newsletters or presents.

Avans may provide information to government and semi-government bodies, on account of the implementation of laws and regulations, and also to organisations whose activities result from a statutory regulation.

Personal data:

Digital data (such as Internet browser, device type, location data, data surfing behaviour across multiple websites).

Purposes:

Marketing and market research, handling disputes (complaints, appeal and objection procedures, etc.), web content management, analytical purposes.

Personal data:

Visual material
Contact details

Purposes:

Safety and security, camera surveillance, management of parking facilities and the handling of disputes (for example, complaints, appeal and objection procedures).

Personal data:
Research data*

Identification data
Contact data
Visual/sound material
Financial data
Employment details
Digital data
Possible special personal data such as health, race, genetic or biometric data

* This data is processed in accordance with the GDPR and the Netherlands Code of Conduct for Research Integrity (NGWI). Where necessary, the Avans Ethics Committee reviews prior to the survey.

Purposes:

Conducting and publishing scientific, practice-oriented and statistical research, internal and external information provision, substantiation of integrity investigations, implementation and management of IT procedures, handling disputes (for example, complaints, appeal and objection procedures), physical and digital archiving.

Personal data:

Name
Contact details
Business information
Visual/sound material
Communication from, to and with data subjects

Purposes:

– preparing and executing an agreement
– business security
– executing and managing IT procedures, legal affairs, internal and external information provision, organisational analysis and formation and execution of agreements with customers, consumers, suppliers and business partners
– relationship management, marketing and market research
– handling of disputes (for example, complaints, appeal and objection procedures)
– audit by an accountant and/or (government) consultant
– management of the websites, Intranet (iAvans) and Microsoft Teams.

Personal data:

Name
Contact details
Business information
Visual/sound material
Communication from, to and with data subjects

Purposes:

– preparing and executing an agreement
– business security
– executing and managing IT procedures, legal affairs, internal and external information provision, organisational analysis and formation and execution of agreements with customers, consumers, suppliers and business partners
– relationship management, marketing and market research
– handling of disputes (for example, complaints, appeal and objection procedures)
– audit by an accountant and/or (government) consultant
– management of the websites, Intranet (iAvans) and Microsoft Teams.

In some cases, we process your personal data because you have given us consent to do so. For this, we only use identifiable data from persons who have given prior, explicit, free will and appropriately informed consent that Avans may process it for the aforementioned purposes.

Consent consists, for example, of ticking a check box, submitting a web form, signing a paper form or verbal acceptance.

You can always withdraw previously given explicit consent. After this, Avans is not allowed to collect additional data from you, because this affects the lawfulness of data processing based on the previously given consent. If you also want previously collected data to be deleted, you can exercise your right to deletion. More information can be found under “Your rights with regard to your personal data”.

Examples of processing after consent:

• Sending information about Avans to interested prospective students
• Visual material (videos/photos)
• Research
• Learning Analytics

We process personal data if this is necessary for the execution of an agreement between Avans and other parties. The processing is part of the terms and conditions that are accepted by the other party.

Examples of processing operations for the execution of an agreement are:

• in the employment agreement between Avans and its staff
• for the (education) agreement between Avans and its students
• for purchasing processes.

Legislation may be a reason for processing personal data.

Examples of processing by Avans based on statutory obligations:

• Conducting a student administration for the granting of degrees, based on the Dutch Higher Education and Research Act (WHW).
• Providing information about the employer’s social or tax obligations for employees to government authorities on account of tax and labour legislation.

A vital interest is an interest that is essential to a person’s life or health and where the individual cannot be asked for consent to have his or her personal data processed. If a situation gives rise to this, Avans may process personal data.

Examples of processing in the case of a vital interest:

• When, for example, a student or staff member is in acute danger and he or she is unconscious or mentally unable to give consent for data processing.
• When an individual has been injured on campus and cannot give consent because of this.

In some situations, Avans can process personal data on the basis of public interest, because as a university of applied sciences, it is charged with the public task of offering higher education. These processing operations are derived from specific legislation (for example the Dutch Higher Education and Research Act (WHW)), or, for example, from policy documents of the Ministry of Education, Culture and Science.

There is a legitimate interest if three conditions are met:

• Avans actually has a legitimate interest: the interests of Avans must qualify as legitimate.
• The processing is necessary to protect this interest.
• Avans carefully weighed up its interests and those of the data subjects.

On account of a legitimate interest, Avans only processes personal data after weighing the (privacy) interests of the data subjects and the (legitimate) interests of Avans.

Examples of processing based on a legitimate interest are:

• monitoring surfing behaviour or activities on the Avans network for reasons of (network) security
• informing existing business associates about activities of Avans
• combating irregularities, such as fraud.

Additional information:

1. We provide information about, for example, enrolment, exam results, study progress, termination of enrolment to the Education Executive Agency (DUO), Central Register of Higher Education Enrolment (CRIHO), on the basis of a statutory obligation in the WHW.
2. Avans is allowed to exchange information about the study progress (data) of its former students with the educational institution.
3. In research aimed at quality improvement, consent can be granted to link external information to Avans (e-mail address) files. This also applies to the linking of information from the HBO monitor via the student ID number to Avans files.
4. For Studiekeuze 123 and ROA, an annual exchange of e-mail address files of students and alumni is possible and necessary, in order to connect to the Dutch National Student Survey (NSE) and HBO monitor.
5. Linking with Avans files is only possible after a written, substantiated request from an (external) data requesting party, for a recognised specific application.
6. The following applies to requesting and passing on data to foreign educational institutions, internship companies and the Immigration and Naturalisation Service (IND):
   1. When students want to follow a study or internship period abroad, Avans can provide relevant personal data and study results of the student concerned to the foreign institutions or companies involved.
   2. For the exchange of students who are temporarily studying at Avans, Avans has the right to request relevant personal data and study results of the students involved from their home institution.
   3. On the basis of the Dutch Aliens Act 2000, we ask prospective students who do not have Dutch nationality for documentation in addition to the documents for enrolment and for a valid residence status. At the time of enrolment, the student must be lawfully resident in the Netherlands. According to the WHW and the Dutch Residence Status Act, Avans is obliged to check this.
   4. By enrolling as a student at Avans and in accordance with the Code of Conduct for International Students in Higher Education, the non-EEA student agrees that Avans will inform the Immigration and Naturalisation Service (IND) when the enrolment is terminated or if the institution has established that the student no longer delivers a reasonable academic performance.

1. Avans only provides personal data to third parties on account of to a statutory regulation and if this is necessary with a view to:
   1. 1. an employment condition applicable to the data subject
      2. the payroll administration
      3. the administration for benefit entitlements upon termination of employment
      4. the administration of the association of former staff
      5. the department
      6. the company medical organisation
      7. business security
      8. the transfer or temporary employment of the data subject to another organisational unit of the Avans Foundation
      9. (the possibility of) granting dismissal
      10. transferring claims to third parties
      11. handling disputes
      12. audit by an accountant or government consultant
      13. the performance of employee satisfaction surveys or similar themes that are important for the organisation.
2. Avans may also provide information to government and semi-government bodies on account of their assignment to implement of laws and regulations, and also to organisations whose activities result from a statutory regulation.
3. Personal data can also be provided to third parties in more detail, if this is in the interest of staff. Data subjects or their legal representatives will be informed in good time of the intention to do so and will be given the opportunity to object to this within a reasonable period of time.

The personal data from Learning Analytics will be kept for a maximum of six months after the study has ended. After the expiry of this retention period, the data will not be destroyed, but adequately anonymised. As a result, it can never be traced back to an individual person.

Avans makes visual material (photos or videos) on various occasions. We use this material, for example, for teaching materials, recruitment or to show what we as staff and students are working on. Examples include work placements, (practical) lectures and tutorials and meetings. You too may appear in this visual material.

Of course, we handle our visual material with due care. We do not post visual material that could cause damage to students/staff or others.

In portrait situations or related situations, we always ask for explicit, specific written consent.

We do not ask for written consent in situations that are not staged. In cases like that, the visual material is collected on the basis of, for example, the legitimate interest for Avans. Of course, you can tell the photographer or camera crew that you do not want to be in any visual material.

Visual material can be shared with photographers, camera crews or third parties who process the visual material on behalf of Avans in publications or other communications. Visual material can also be shared in partnerships of Avans, or for journalistic use.

In principle, Avans uses the recommendations of the Dutch Data Protection Authority (hereinafter referred to as DPA). The DPA says the following:

“You are not permitted to just make recordings in which pupils or students can be seen. This is only permitted in exceptional situations. In such cases, you must be able to substantiate why this is necessary. You also have to clearly explain this in advance to your pupils or students.”

Avans has translated this basic rule into implementation rules. In the main, they read as follows:

1. Teaching/education situations in which students do not appear on the screen and cannot be heard may be recorded and made available later to other groups or participants who later want to see this teaching or education situation.
2. Teaching/education situations in which students can be seen and/or heard may not be recorded, unless this is necessary.
   Avans has designated the following situations as necessary and therefore as exceptions:
   1. During and in the relevant lesson, the lecturer uses recordings to provide feedback or assessment of the student. Just like with physical education.
   2. The teacher must check whether the recording is a necessary part of the feedback/assessment. If the feedback/assessment can be done using a less intrusive method (such as an audio recording or a report), then this method should be used.
   3. The lecturer makes recordings (and did so before the digital education situation) as evidence for examination for archiving. The lecturer therefore does not use this material as (teaching) material for another (teaching) situation.
3. Based on these rules, it is always the lecturer who determines whether a teaching/education situation is recorded. Students are not permitted to record teaching/education situations.

For staff of Avans, we refer to our implementation rules of 23 April 2021 when it comes to recording visual material in teaching/education situations.

In accordance with the rules & regulations of Avans, Avans students are not permitted to record and/or publish, distribute (for example, via social media) teaching/educations situations in which Avans has a share and/or to otherwise process this.

The Avans campus, buildings and complexes are monitored using CCTV (visible or hidden).

People may be recognisable in this footage. This means Avans processes your personal data with the aim of:

1. protecting the health and safety of one or more natural persons, such as students and staff
2. securing (access to) buildings and sites of Avans
3. countering the theft or destruction of goods in the buildings or on the sites of Avans
4. recording possible incidents.

Avans collects this footage for the aforementioned security purposes through camera monitoring, based on its legitimate interest. We delete the recorded footage after four weeks.

In 2021, several pilots with online proctoring, a form of location-independent digital testing, were carried out to a very limited extent and based on established guarantees. Apart from these pilots, Avans does not use online proctoring for examinations.

You have the right to know whether Avans processes your personal data. If your data is processed, you have the right to access this data.

You have the right to ask us to delete your personal details. For example, if the personal data is no longer necessary for the purposes for which we collected or processed it, or if you withdraw your consent to the use of your personal data.

You cannot have your personal data deleted if Avans has a statutory obligation to process your data or to keep it for a certain period of time, or if the data is necessary to establish, exercise or defend a legal claim.

You have the right to change or rectify incorrect personal data that Avans processes about you. You also have the right to have incomplete data about you completed or supplemented, depending on the purposes of the processing. As a student or staff member, you can also change data yourself in OSIRIS or the HR Selfservice staff portal.

You have the right to receive from us the personal data we process about you in a structured, commonly used and machine-readable form, if that personal data has been provided to us by you or on your behalf and has been used by us via automated systems.

If Avans’ data processing is based on the ‘consent’ basis, you have the right to withdraw your consent to the processing of your data at any time. The processing of your data prior to the withdrawal of consent remains lawful.

You have the right to restrict the processing of your personal data if one of the following applies:

1. the data may be incorrect
2. the processing is unlawful
3. the data is no longer needed
4. the data subject objects.

If Avans has a legitimate interest in processing your personal data, you have the right to object to its processing on account of your specific situation. We will stop processing your personal data unless we demonstrate a compelling legitimate interest to continue processing it that overrides your interests, rights and freedoms. If we need the data to establish, exercise or defend a legal claim, we may also continue the processing.

If you exercise your right to object, Avans will weigh your interests against the interests of Avans or the interests of relevant third parties, after which we will make a decision on your objection.