In
this privacy policy, “THE GYM” means The Gym – Brian Goddard or Brian Goddard
Limited, whose registered office is at Atherton. The Gym believes in
transparency, and are committed to being upfront about privacy practices,
including how your personal information is treated. The Gym has undertaken an extensive
exercise to ensure ongoing compliance with the European Union General Data
Protection Regulation (EU GPDR). They have ensured all current business
processes and procedures are in line with the GDPR rights and principles and
any new processes involving personal information that are implemented will be
thoroughly reviewed through a Data Protection Impact Assessment (DPIA) prior to
proceeding. All company data protection procedures and policies are reviewed on
an annual basis to ensure compliance.
This
Privacy Policy sets out the data processing practices carried out through the
use of the Internet and any other electronic communication networks by The Gym,
as well as describing the types of personal information that The Gym may
collect about you and the purposes for which this information is used.
1.
Accepting the Privacy Policy
2. Information Collected or Received
3.
How and why The Gym use your Personal Information
4.
Communication from The Gym
5.
Sharing your Information
6.
Keeping your Information Secure
7. The
Gym Retention Policies
8.
Staying in Control - Your Rights
9.
Privacy Policy Changes
10.
Contact
1.
Accepting the Privacy Policy
The Gym needs to process your personal information to run their business and provide you with their services. Upon visiting The Gym in Person, contacting The Gym by the phone, or visiting The Gyms website(s), you are accepting and consenting to the practices described in this Privacy Policy.
The
Gym is based in the UK, Any personal information held by The Gym or the
designated third parties comply with relevant EU GDPR legislations.
2.
Information Collected or Received
The
Gym collects personal information from gym users, Staff and
Suppliers/Sub-contractors to run their business and provide you with their
services. This personal information may include the following: name, date of
birth, email address, contact number, company name, bank details and credit
card details.
The
Gym also collects the following information:
Sensitive
Information: The term "sensitive information" in this context refers
to information related to your racial or ethnic origin, political opinions,
religion or other beliefs, health, criminal background or trade union
membership. Whilst we do not generally collect sensitive information unless it
is volunteered by you, The Gym do have a legal requirement to collect health
data for the purpose of recording your self-assessment declaring readiness for
physical exercise.
Photographs
and Identification: In the interests of security and the prevention of crime, The
Gym may take a digital photograph of each Member or guest. Each Member or guest
may also be required to provide a form of identification for verification and
security purposes.
Audio-Video:
The Gym uses CCTV in the gym for health and security reasons. If you have any
queries in relation to the use of CCTV operating in and around the clubs please
contact bgsports.health@ntlworld.com. The Gym has a business legitimate
interest to monitor service standards in the gym. The Gym utilise mystery shopper services in which gym
users may appear in the background however are never directly filmed. This
footage is only used for the purposes of internal monitoring and training of the
gym staff.
Digital:
When visiting the gyms website(s), your personal information may be collected,
stored and used such as traffic data, location data, web logs, communication
data and resources that you access, as well as other personal information
detailed above. If you connect to The Gym or register for a tour of the gym
using an external third-party application, such as Facebook, Instagram, or
Twitter, these websites will have their own privacy statement which The Gym
suggest that you read before giving them your personal information. Connecting
to The Gym via a third-party application or service is optional and at your own
discretion.
The
Gym will only collect the relevant information required for the purposes of
processing and will not use this information for any other purpose without
obtaining consent.
3. How and why The Gym use your Personal Information
The
information in the above, section 2, may be used for the following purposes:
- To
carry out The Gyms obligations arising from any contractual agreement;
- To
contact you about non-contract aspects of your Membership, such as a change in
usage patterns;
- To
provide you with the information on products or services you request;
- To
process payments and maintain accounts and records;
- To
prevent crime, fraud and aid in the prosecution of offenders;
- To
maintain Membership records;
- To
improve the The Gyms platform;
- To
prevent or detect abuses of the The Gyms website;
- To
create business performance statistics and analysis;
- To
enable third parties to carry out technical, logistical, research or other
functions on behalf of The Gym;
- To
send you newsletters and promotions, prize draws, and competitions;
- To
conduct surveys and request feedback;
- To
notify you about urgent comms such as a sudden closure of the gym;
- To
notify you about changes to the gym Services, Terms and Conditions, Privacy
Policy and gym rules;
- To
process your job application if you apply for employment at the gym;
- To
collect information about your tastes and preferences, both when you tell us
and by analysis of customer traffic, including using "cookies";
- To
read and respond to comments made regarding the gym services.
Other
than as set out in this Privacy Policy The Gym will not use your personal
information for any other purpose without your consent, unless required to do
so by law.
4.
Communication from The Gym
On occasion, The Gym may need to contact you. Primarily, these messages are delivered by email, text or phone, and every individual’s record is required to keep a valid email address and contact number on file to receive these messages.
In
response to enquiries and when communicating with Members, The Gym believe that
the content is relevant, valuable, interesting and beneficial to you. The Gym
also believe that you would reasonably expect to receive the type of content
that is sent to you as part of your relationship with The Gym. Therefore, The
Gyms current assessment is that the
communication you receive is covered by the lawful basis for processing of
‘Legitimate Interest’ under recital 47 within the GPDR. For all communication
sent under the basis of legitimate interest, opt-out options are provided and
detailed later within this section.
For
all communication where consent is the only legal basis, preferences will be
collected in advance.
The
Gym recognise that you value having control over your own information, so The
Gym gives you the choice of editing your communication preferences if you
disagree with the above. For The Gyms Members and Ex Members you may update
these preferences by logging into the Members area through the login page of
the website, Alternatively you may email bgsports.health@ntlworld.com with your
request.
Please
note the following messages from The Gym fall into the category of compulsory
communication and therefore no opt-out options are available:
-
Urgent Communication (such as, unplanned closure of all or part of the gym,
reduced services, a change of opening times)
-
Automatic Class Booking communication (such as, booking confirmation, waiting
list movement, cancellations)
-
Contract and Subscription related communication (such as, welcome emails,
outstanding arrears, upcoming renewals, communication with the The Gym Member
Services Support Team).
You
may receive communication from The Gyms via the following communication
systems, all of which offer an opt-out service. Please note you must opt-out of
each individual communication system should you wish to exercise that right;
Direct
email communication from The Gym staff via Outlook: To opt out you can do
either of the following, log into the members area on the website to update
your communication preferences within the My Profile section. You can also
request this specifically to bgsports.health@ntlworld.com
Texts:
To opt-out please follow the instructions within the text you receive.
Email
communication; To opt-out please do so by logging into the gyms Un screen
platform and going into your Account details to update your preferences.
5. Sharing your Information
Information
about The Gyms users is an important part to the business and the Gym do not
sell it to others. The Gym shares member information only as described in this
Privacy Policy.
The
Gym have business partners and employ other companies and individuals to
perform certain functions on the gyms behalf. Examples include managing our
Membership database, sending texts, e-mails, analysing data, providing marketing
assistance, providing personal training and providing debt collection
assistance. Third party service providers only have access to the personal
information relevant for performing their functions, but will not use it for
other purposes. Additionally, they must process the personal information in
accordance with this Privacy Policy and as permitted under the EU GDPR. The Gym
will only disclose personal information to reputable companies and suppliers
who process data on The Gyms behalf.
Enquiries
through The Gyms website(s): The Gym capture data through the gyms website(s)
hosted by third parties . These can be for booking a tour online, joining
online, referring a friend online, PT enquiries online, corporate enquiries
online. The gym manage member services requests via their website through a
third party. This process is in place in order for our member services team to
respond to and action any query that is submitted through this avenue on the gyms
website.
Membership
System and Bookings App: In order for the gym to process and manage existing
and ex Memberships as well as Prospective Members, we use a third party (Clubright)
to provide the membership management system. Class bookings can be processed
directly via the website hosted by them as well as the the gym bookings App.
Payment
Collection: the gym use third parties () for payment collection whether that be
upfront payment for membership, monthly direct debit payment for membership,
one-off POS payments at reception, debt collection, or Out The Box
subscription.
Arrears
Collection: The Gym reserves the right to forward a members information to a
third party debt collection agency in the event of non-payment of fees when
due. Further information on this process can be found in the gyms Terms and
Conditions.
Personal
Training: As stated on the the gyms Membership Application, any Member who
selects the Taster understands that their personal information will be provided
to a designated personal trainer who will contact them to arrange their taster
session.
Paperwork
Destruction: The Gym schedule regular collections of paperwork from a third
party company (who securely and confidentially shred this paperwork off site,
on behalf of The Gym.
The
Gym release account and other personal information to third parties when The
Gym believe s release is appropriate to comply with the law; enforce or apply
membership or other agreements; or protect the rights, property or safety of The
Gym, its users or others. This includes exchanging information with other
companies and organisations for fraud protection and credit risk reduction.
This does not include selling, sharing or otherwise disclosing personally
identifiable information from members for commercial purposes in a way that is
contrary to the commitments made in this Privacy Policy.
The
Gym may share Member details with any organisation that acquires The Gym to
which the Member has their Membership.
Other Websites: The Gyms website may contain links to other websites that are outside The Gym control and are not covered by this Privacy Policy. If you access other sites using the links provided, the operators of these sites may collect information from you that will be used by them in accordance with their privacy policy, which may differ from this policy.Cookies: A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. Find out more about cookies on https://ico.org.uk/for-the-public/online/cookies/ The Gym use cookies to identify you when you visit this website and to keep track of your browsing patterns and build up a demographic profile. The Gym use cookies to allow registered users to be presented with a personalised version of the site, carry out transactions and have access to information about their account. Most browsers will allow you to turn off cookies. If you want to know how to do this please look at the menu on your browser, or look at the instruction on https://ico.org.uk/for-the-public/online/cookies/. Please note however that turning off cookies may restrict your use of our website. By continuing to use this site you are agreeing to the use of cookies as detailed within this section.
6.
Keeping your Information Secure
In
regards to environmental and physical security, all The Gyms employees receive
full training upon commencement on employment and subsequently on an annual
basis thereafter. This is completed via an e-learning platform and group
training sessions. Further to this, daily, weekly and monthly audits are
completed.
7. The
Gym Retention Policies
The
Gym have set company retention policies in place and these timescales are set
in accordance with any applicable legislation and/or for any agreed legitimate
reasons. Where none exists, then The Gym will keep your information for the
duration of any Contract that you have entered into with The Gym, and then for
a period of 7 years after, at which time all the personal information will be destroyed.
After
that 7 year duration, The Gym will retain and use your destroyed information
for the purpose of business statistics and analysis. The Gym can retract this destroyed
to the extent necessary to comply with any legal obligations or to resolve
disputes
8. Staying in Control - Your Rights
The
Gym understand the importance of data subjects remaining in control of their
personal data. The Gym acknowledge the following rights you have under the
GDPR, what they mean and how you can exercise them.
The
Right to be Informed
This
privacy policy states all uses of your personal information and the purposes
for processing this information. Should you have any concerns or questions
about our privacy policy and practices, or would like a full list of our third
party processors, then please email bgsports.health@ntlworld.com
The
Right of Access
You
have the right to access information that The Gym holds about you. If you wish
to receive a copy of the information that we hold, please submit a Subject
Access Request form (SAR) which you can request from bgsports.health@ntlworld.com.
Once The Gym have received your form, they will provide a response within one
month. If your request is unusually complex and likely to take longer than a
month, you will be informed as soon as possible to tell you how long it’s likely
to take.
Please
note that whilst in most cases The Gym will be happy to provide you with copies
of the information you request, The Gym nevertheless reserve the right, in
accordance with section 8(2) of the DPA, not to provide you with copies of
information requested if to do so would take “disproportionate effort”, or in
accordance with Article 12 of the GDPR to charge a fee or refuse the request if
it is considered to be “manifestly unfounded or excessive”.
The
Right to Rectification, Restrict Processing, Erasure, and to Object
You
can ask The Gym at any time to change, amend or destroy the information that The
Gym hold about you or restrict ways in which your data may be processed. You
can update The Gym with amendments of personal information by submitting a
request through the member services area of our website
To
destroy the information, or object/request restriction of processing then
please email bgsports.health@ntlworld.com
The
Gym will aim to respond to any request as soon as possible, but no later than
within 1 month since receipt of request. Please note that the right to erasure
is not absolute and only applies in certain circumstances. For further
information on this please visit the following link to the ICO’s website,
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/
Right
to Data Portability
You
have the right to request that your personal data is transferred by The Gym to
another organisation (this is called “data portability”). Please contact us at bgsports.health@ntlworld.com
with the details of what you would like for The Gym to do and The Gym will
endeavour to comply with your request. It may not be technically feasible, but The
Gym will work with you to try and find a possible solution.
Right
to Prevent Automated Decision Making
You
have a right to ask The Gym to stop any automated decision making. The Gym do
not intentionally carry out such activities, but if you do have any questions
or concerns The Gym would be happy to discuss them with you so please email any
concerns or queries to bgsports.health@ntlworld.com
9.
Privacy Policy Changes
The
Gym may make slight changes to the Privacy Policy, Terms and Conditions and gym
Rules, however, will never materially change policies and practices to make
them less protective of member information collected in the past without the
consent of affected members. The Gym will display signage with details of any
changes to these notices and conditions, but an up to date version will always
be available on the website
10.
Contact
If
you have any questions, comments or concerns about data privacy at The Gym,
please e-mail thorough a description to bgsports.health@ntlworld.com and The
gym will endeavour to resolve the issue for you. Alternatively should you wish
to escalate any concerns or questions, rather than contact The Gym directly,
please contact the supervisory authority The Information Commissioner’s Office
(ICO). For more information please visit the ICO’s website https://ico.org.uk/.