Lost Marks

Lost Marks Privacy Policy

How Lost Marks uses your data, in plain words.

Draft: this policy is not in force yet. Words in [square brackets] are still being confirmed.

Lost Marks and your data, in short

1. Who we are

Lost Marks is an app run by Henley Education Ltd (company number [company number], registered office [registered office address]). Henley Education Ltd decides how your personal data is used, which makes it the "data controller" under UK data protection law. We are registered with the Information Commissioner's Office (ICO) under number [ICO registration number].

To ask anything about your data, email privacy.info@henleyed.co.uk. We reply within one month, and usually much sooner.

This policy covers the Lost Marks app only. The Henley Education platform at henleyed.co.uk has its own privacy policy.

2. Who Lost Marks is for

Lost Marks is for students aged 13 and over in the UK who are studying GCSE science or maths. You must be 13 or over to make an account, and you agree to this policy yourself when you sign up. Because many of our users are under 18, we follow the ICO's Age Appropriate Design Code (the Children's Code).

3. What we collect

WhatExamplesWhere it comes from
Account detailsYour email address, or the private relay address Apple gives us if you hide your email; an Apple sign-in identifier; a scrambled (hashed) password for email accountsYou, or Apple when you use Sign in with Apple
Your subjectsExam board, subject and tier for each subject you takeYou
Photos of your workThe question and your handwritten answerYou. Read, then discarded: never stored (see section 5)
Your answers and resultsThe question and answer text we read from the photo, your marks, feedback, reasons marks were lost, and hintsCreated by Lost Marks from your photo
Your consentThe consent wording you agreed to, its version and the timeYou, at sign-up
Subscription statusWhether you have free marks left or a subscription, and when it renewsApple. We never see your card details
Device checkA flag held by Apple saying whether this iPhone has used its free marksApple DeviceCheck. It holds no personal details
Security and running recordsApp version, the time of each request and an internet (IP) address, to keep the service safe and workingYour iPhone, automatically

We do not collect your name, school, location, contacts or anything from the rest of your phone. We do not use advertising, tracking or analytics companies.

4. How we use your data, and why we're allowed to

UK data protection law says we need a lawful reason for each use. [Lawful reasons to be confirmed by the adviser.]

What we doWhy we're allowed to
Read and mark your photos, and show your results, history and lost marks profileTo provide the service you signed up for (contract)
Send your photos to our AI provider to read and mark themTo provide the service (contract). We also ask you to agree to this at sign-up, so it is never a surprise
Manage your free marks and subscriptionTo provide the service (contract)
Stop misuse, such as repeat free accounts or automated requests, and keep the service secureOur legitimate interest in running a safe, fair service
Work out overall accuracy and costs from anonymous totals, to improve markingOur legitimate interest in improving Lost Marks. These totals never identify you
Email you about your account (confirming your email, deletion, important changes)To provide the service (contract)

We never sell your data, use it for advertising, or build a profile of you for anyone but you.

5. Your photos and the AI

To mark your work, Lost Marks sends each photo to Mistral AI SAS, an AI company in Paris, France. This is how it works:

  1. As soon as the photo reaches our server, and before it goes anywhere else, we remove its hidden details, such as location (GPS) and camera information.
  2. Mistral AI reads the question and your answer. Our instructions tell it to read only the question and answer text, and to ignore names, faces and school details.
  3. Lost Marks keeps the text it read, your marks and feedback. The photo itself is never stored by Lost Marks. It is processed in memory and then discarded.
  4. Under its terms for business customers, Mistral AI does not use what we send it to train its AI models, and keeps it only for a short period. [Confirm Mistral's current retention period.]

Your marks are AI estimates. They are not marked by a teacher or an exam board, and they are for guidance only. They have no legal or other significant effect on you. If you think a mark is wrong, tap Report this mark on the result and we will look at it.

6. Who we share data with

We use a small number of companies to run Lost Marks. They act on our instructions, under contracts that protect your data. Apple acts on its own account for purchases and sign-in.

CompanyWhat they do for Lost MarksWhat they getWhereProtection for transfers
Mistral AI SASReads and marks your photosYour photos and the question textFrance (EU)UK adequacy regulations (EU)
Supabase Inc.Our databaseYour account, subjects and resultsUS company; data stored in LondonUK International Data Transfer Agreement (IDTA) [confirm]
Render Services Inc.Hosts our serverEverything passing through the app, in transit[Region to confirm]UK International Data Transfer Agreement (IDTA) [confirm]
AppleApp Store purchases, Sign in with Apple, DeviceCheck and App AttestPurchase and sign-in records; a device flagUS companyApple's own privacy terms; UK-US data bridge [confirm]
[Email provider, for example SendGrid]Sends account emailsYour email addressUS companyUK-US data bridge [confirm]

We may also share data if the law requires it, for example a court order. We do not share your data with schools, parents or anyone else unless you ask us to.

7. How long we keep it

DataHow long
PhotosNot kept at all: discarded once read
Your results (answer text, marks, feedback, reasons, hints)6 months, then deleted automatically. Your lost marks profile covers the same 6 months
Your account and subjectsUntil you delete your account. If you don't use Lost Marks for 18 months, we email you, then delete the account if you don't reply [confirm]
Your consent recordFor as long as your account exists, so we can show you agreed [confirm whether to keep longer]
Security and running records[30 days, to confirm]
BackupsDeleted data disappears from backups within [number to confirm] days
Anonymous cost and accuracy totalsKept, as they do not identify anyone

8. Your rights

You have the right to:

To use any of these rights, email privacy.info@henleyed.co.uk. We reply within one month. If you delete your account, the flag Apple keeps saying this iPhone has used its free marks stays, but it holds no personal details.

If you're unhappy with how we've handled your data, please tell us first. You can also complain to the Information Commissioner's Office: ico.org.uk, or 0303 123 1113.

9. Children, security and changes

Children. Following the Children's Code, Lost Marks is private by default: there are no adverts, no sharing with other users, no location tracking, and no nudges to give us more data than the app needs. Your results are only shown to you.

Security. Data is encrypted while it travels between the app and our server. Access to the database is limited to the people who run Lost Marks. Passwords are stored scrambled (hashed), never as plain text. Apple's App Attest checks that requests come from the genuine Lost Marks app.

Changes to this policy. If we change how we use your data, we will update this page and tell you in the app. If the change is about what is sent to the AI, we ask you to agree again before your next photo is sent.

Contact. privacy.info@henleyed.co.uk, or Henley Education Ltd, [registered office address].

Subscription terms

Apple's standard licence terms for apps also apply. [Decide whether to use Apple's standard terms or write our own.]