Higgs Educators
1.1 This Child Safeguarding Policy ("Policy") sets out the framework within which Higgs Educators Private Limited ("Higgs Educators", "we", "us", or "our") delivers educational mentorship services to Children and the steps we take to protect them from harm.
1.2 This Policy applies to every Child who participates in the Services, every Parent or legal guardian engaging the Services on behalf of a Child, every Tutor or other person engaged by Higgs Educators in the delivery of the Services, and any third party who in the course of providing a service to Higgs Educators may come into contact with information about a Child.
1.3 This Policy is to be read together with the Higgs Educators Privacy Policy and the Higgs Educators Terms of Service. Tutors are additionally bound by Part B of the Terms of Service, including the Tutor Code of Conduct in Section 28 of the Terms of Service.
2.1 In this Policy:
2.2 Capitalised terms used but not defined in this Policy have the meanings ascribed to them in the Privacy Policy or the Terms of Service.
3.1 Higgs Educators is incorporated in India and provides the Services internationally. This Policy is framed having regard to the laws and bodies of guidance that apply to a provider of online educational services to children in India and in the principal jurisdictions in which our Students reside, including:
3.2 Where this Policy and Applicable Law conflict, the Applicable Law shall prevail.
4.1 The Designated Safeguarding Lead at Higgs Educators is:
4.2 The DSL is responsible for receiving Safeguarding Concerns, assessing them, determining the appropriate response in accordance with Section 10, and discharging the mandatory reporting obligations described in Section 11. Where the DSL is unavailable for an extended period, the Board of Higgs Educators Private Limited may designate an alternate in writing.
5.1 Before engagement, every prospective Tutor is required to:
5.2 Tutors give the warranties set out in Section 32 of Part B of the Terms of Service, including a warranty that they are not subject to any criminal conviction, pending criminal charge, regulatory restriction, or court order that would make their engagement with Children inappropriate.
5.3 Higgs Educators reserves the right to refuse engagement of any Tutor where, in its reasonable opinion, doing so is appropriate for the safety of Children. The introduction of additional vetting measures, including a third-party background-check process, remains under consideration.
6.1 Every Tutor is bound by the Tutor Code of Conduct in Section 28 of Part B of the Terms of Service. In summary, a Tutor shall:
6.2 Breach of the Tutor Code of Conduct is a material breach of the Tutor's engagement and may result in immediate termination under Section 35 of Part B of the Terms of Service, in addition to the response described in Section 10 of this Policy.
7.1 Live sessions involving Children are delivered through the platforms described in Section 19 of the Privacy Policy: the Wise Live platform with its integrated Zoom service (Premium track), or Google Meet (Standard track). Tutors are required to conduct sessions only through the class links and platforms arranged by Higgs Educators, and are prohibited under the Tutor Code of Conduct from contacting a Child through any personal or private channel outside those arrangements.
7.2 Premium-track sessions are recorded by default through the cloud-recording functionality of the integrated Zoom service; Standard-track sessions delivered through Google Meet are not recorded by default, and a recording may be arranged on request. The purposes of recording, the storage arrangements, the retention period, and the rights of the Parent in respect of recordings are set out in Section 19 of the Privacy Policy.
7.3 A recording associated with a Safeguarding Concern shall be retained for so long as is reasonably necessary for the investigation of the concern and any consequent action.
8.1 Observation. A Parent may attend, observe, or join any session involving their Child at any time, without prior notice, and without any consequence to the Child's continued engagement with the Services.
8.2 Access to recordings. A Parent may request access to any recording of a session involving their Child in accordance with Section 19.2 of the Privacy Policy.
8.3 Change of Tutor. A Parent may at any time, by writing to contact@higgseducators.com, request a change of Tutor — for any reason or for no reason. Where such a request is made, Higgs Educators shall use reasonable endeavours to assign a substitute Tutor with whom the Child is more likely to be comfortable. No Child shall be required to continue with a Tutor with whom the Child is not comfortable.
8.4 A request to change Tutor is not, of itself, treated as a Safeguarding Concern. Where the Parent additionally raises a Safeguarding Concern, the procedure in Sections 9 and 10 applies.
9.1 A Safeguarding Concern may be raised with Higgs Educators by any means, but the standard channels are:
9.2 A Tutor who becomes aware of a Safeguarding Concern shall report it to the DSL without delay and shall not investigate it independently.
9.3 No Person raising a concern is expected to have certainty before doing so. A reasonable belief that there may be a concern is sufficient.
9.4 Where the concern is one of immediate risk to a Child's life or safety, the Parent should additionally contact the relevant emergency services in their jurisdiction. Numbers for India are set out in Section 13.
10.1 Higgs Educators shall acknowledge every Safeguarding Concern reported to it within twenty-four (24) hours of receipt. The DSL leads the response.
10.2 Minor matters — change of Tutor. Where the concern is, in the DSL's reasonable assessment, of a minor nature — for example, a lack of rapport, a communication style that is unsuitable for the Child, or a one-off incident that does not amount to a breach of the Tutor Code of Conduct — Higgs Educators shall, in consultation with the Parent, reassign the Child to a different Tutor with whom the Child is more likely to be comfortable, in the manner described in Section 8.3.
10.3 Serious matters — suspension, investigation, and legal action. Where the concern is, in the DSL's reasonable assessment, of a serious nature, including any concern of a safeguarding or criminal character, Higgs Educators shall:
10.4 Higgs Educators shall keep the Parent informed of the progress of any investigation in a manner that is appropriate to the circumstances and consistent with the legitimate confidentiality interests of any other person.
11.1 Where Higgs Educators is required by Applicable Law to make a report to a statutory authority — including, without limitation, the obligation to report a suspected offence against a Child under Sections 19 and 21 of the POCSO Act — it shall do so without delay, regardless of any other request to maintain confidentiality.
11.2 Higgs Educators shall cooperate fully and without delay with any police force, statutory child-protection authority, court of competent jurisdiction, or equivalent body in the jurisdiction of the Child that is investigating a Safeguarding Concern or that has issued a lawful order or summons.
12.1 Information about a Safeguarding Concern is treated as strictly confidential within Higgs Educators and is shared only on a need-to-know basis.
12.2 Higgs Educators shall share information about a Safeguarding Concern with a third party only where: (a) the sharing is necessary to protect a Child from harm; (b) the sharing is required by Applicable Law or by an order of a court; (c) the relevant Parent has given consent; or (d) the sharing is necessary for the establishment, exercise, or defence of a legal claim.
12.3 The processing of Personal Information in connection with a Safeguarding Concern is governed by the Privacy Policy.
13.1.1 This Policy shall be reviewed by the DSL at least once every twelve (12) months, and after any Safeguarding Concern that may indicate a need for change. Material changes shall be published on the Website with an updated "Last Updated" date.
13.2.1 The contact details of the Designated Safeguarding Lead are set out in Section 4.1. For any non-emergency safeguarding question or to raise a Safeguarding Concern, please use those channels.
13.4.1 Parents resident outside India should, in the event of immediate concern for a Child's safety, contact the relevant police or child-protection authority in their jurisdiction. The Higgs Educators DSL shall cooperate with such authorities in accordance with Section 11.2.