The Regulation gives you certain rights which are detailed in the section headed “Your Rights regarding personal information”. The contents of this Privacy Notice are subject to these overriding rights and no provision in any other part of this Privacy Notice is to be construed as restricting the scope of those rights.
What information do we collect?
If you are a visitor to our Website, even an anonymous visitor, we may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information internally and externally. This statistical data about browsing actions and patterns does not identify any individual. Nevertheless, to the extent that such information fails to be treated as personal data, and you do not wish us to process it, you should change the settings on your internet browser to prevent collection of this information.
When you sign-up to become a member of Phoenix Gym we will know who you are, and the activities you perform on this Website or undertake at the gyms that we operate.
We may collect and process the following data about you:
- Any information that you provide by filling in forms on this Website including but not limited to your name, address, email address and telephone/mobile number, for the purposes of informing you about the services that we offer, of entering into a contract with you and thereafter of delivering the services which we have agreed to provide under that contract.
- Any financial information provided to the Website as may be required for direct debits, and/or credit and debit card payments, or other types of electronic payment. Details of any transactions you carry out through the Website will be recorded.
- Further general information about you, including your personal or professional interests, experiences with our products and services or other products and services and your contact preferences to ensure that you receive services in the manner which is most convenient to you, to deliver a satisfactory service under the terms of our contract with you and to improve the services that we offer for the benefit of you and of other existing and future members.
- Phoenix Gym may from time to time ask you to complete surveys via a written form or this Website or the website of one of our selected suppliers, and any information you provide in same will be recorded, though you are not obligated to take part. If you are going to submit personal data, your consent will be specifically obtained to the processing of that data at the time.
- Details of your visits to the Website, including, but not limited to, traffic data, location data, weblogs and other communication data. This will assist us in managing the website and generating generalised and anonymised information about usage and about our membership.
We may also retain copies of any correspondence you send to us and details of your membership history, for as long as it is appropriate to do so, and (as with all the personal data we process) subject to appropriate technological and organisational safeguards to protect its integrity.
We may collect information about your computer, including, where available, your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical information about the browsing actions of users of the Website and does not identify any individual. As indicated above, you may be able to change settings on your internet browser to prevent collection of this information, to the extent that it may in future be considered by law to be personal data.
What do we do with the information we collect?
We use collected information for the purposes of our legitimate interests, including:
• for internal record keeping;
• for product development;
• to provide you with information on our products and services which we feel may interest you;
• to notify you about changes to our products and services;
• to answer your queries;
• to contact you for market research and analyse the output of such research; and/or
• to comply with legal and regulatory obligations.
Phoenix Gym does not use your personal information in any automated decision-making process.
Phoenix Gym may contact you in relation to the nature of your attempted transaction, even if you don’t confirm the transaction. This will be an operational email or maybe a Phone call to enquire as to why the transaction was not completed. The data will not be used for any other purpose and certainly not shared with any other company other than the company that initiates the operational email (if this is not Phoenix Gym). Our aim is simply to provide you with the highest level of service that we can.
Your personal data may be transferred abroad for any of the purposes explained in this policy and such transfer may be to a country outside of the EEA. If we transfer your personal data outside the EEA, it will only be to recipients who offer an adequate level of protection and who have appropriate safeguards in place to protect your personal data. It may also be processed by personnel operating outside the EEA who work for us or for one of our service providers. Again, this will only be where there is an adequate level of protection and who have appropriate safeguards in place to protect your personal data. Countries where personal information relating to you may be stored and/or processed, or where recipients of personal information relating to you may be located, may have data protection laws which differ to the data protection laws in your country of residence. By submitting your personal information, you accept that personal information relating to you may be transferred, stored or processed in this way.
The period of use of the personal data supplied by you will not be longer than we deem necessary to carry out the purpose for which such data was collected, provided that we may store and process your personal data for longer periods solely for archiving or statistical purposes where we have appropriate safeguards in place to protect your rights.
Who do we share this information with?
We may share your personal information with certain companies performing services on behalf of Phoenix Gym (such as direct marketing agents) who will only use the information to provide a service that Phoenix Gym has asked them to provide.
Those selected companies will perform a function for us, such as agencies and suppliers whom have been instructed to assist us to more effectively deliver services, manage and conduct promotions and offers, provide technical assistance and support and perform other functions to support marketing activities.
Although this is not an exhaustive list, the following third parties process data on Phoenix Gym’s behalf which may include your personal data, for the specific purposes identified. Phoenix Gym has in place appropriate written contracts with all third-party data processors to ensure and monitor compliance with the Regulation:
- Club Right – CRM management software
- Go Cardless – Payment services
- Mailchimp – Email communication software
- Facebook – Marketing integration
- First Data Merchant Solutions – Card Payments
- G. R. Davey – Accounting services
- Elephant IT – IT services
All selected companies may have access to personal information if needed to perform such functions but will only be permitted by us to use personal information for the purpose of performing that function and not for any other purpose.
Where you have given specific consent, your information may be shared with independent self-employed trainers for them to contact you to inform you of personal training services which they would like to offer you.
We may disclose your information to our subsidiaries as defined in Section 1159 of the Companies Act 2006.
In the event we seek to sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer, subject to satisfactory assurances that the data will be processed securely by them.
Save for this, we do not sell, transfer or disclose personal information we have collected from you in connection with our website activities to third parties outside Phoenix Gym.
How to get copies of or amend the information we have collected
You may request details of personal information which we hold about you under the Regulation. If you would like a copy of the information held on you, please contact us by email to firstname.lastname@example.org or in writing to Phoenix Gym Norwich Ltd, Units 1-3 St Mary’s Works, Oak St, Norwich, Norfolk, NR3 3AF.
If you think any information we have about you is incorrect or incomplete, please e-mail or write to us and we will correct or update any information as soon as possible. You can also update your membership information via the member app or you can also access the online Member Area at: https://app.clubright.co.uk/c/phoenixgym
Where we have given you a password to access certain areas of the Website you are responsible for keeping this confidential and we ask that you do not share this password.
Our Website may, from time to time, contain links to other websites which are not within our control. Once you have left our Website, we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy statement applicable to the website in question.
This section sets out the appropriate actions and procedures which Phoenix Gym Norwich Ltd follows in respect of the use of CCTV (closed circuit television) surveillance systems (“CCTV Systems”) at Our premises.
Sound recording is disabled on all cameras.
Please note that Phoenix Gym Norwich Ltd is monitored by CCTV 24 hours a day, but only relevant to you during open hours. The Phoenix Gym Norwich Ltd reserves the right for its employees and contractors to review footage as required and by entering our club you consent to your image being recorded and reviewed and waive any and all claims in relation to same. Recorded CCTV footage will be stored securely and retained in compliance with applicable laws.
In drawing up this policy, due account has been taken of the following:
1. The Regulation and any other relevant Data Protection legislation;
2. The CCTV Code of Practice produced by the Information Commissioner (“Code of Practice”); and
3. The Human Rights Act 1998.
This policy will cover all employees and persons providing a service to Phoenix Gym Norwich Ltd, visitors and all other persons whose image(s) may be captured by our CCTV Systems.
We will also ensure that the personal data captured by our CCTV Systems is only processed in accordance with the following requirements:
• It will be processed fairly, lawfully and in a transparent manner;
• It will only be collected for specified, explicit and legitimate purposes and not further processed in any manner incompatible with those purposes;
• It will be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
• It will be accurate and, where necessary, kept up to date;
• It will not be kept for longer than is necessary for the purposes for which the personal data are processed; and
• It will be processed in a manner that ensures appropriate security of the personal data.
Initial Assessment Procedures
Phoenix Gym Norwich Ltd has the legal responsibility for the day-to-day compliance with the requirements of this policy.
The purpose of the use of the CCTV Systems and the collection and processing of CCTV images is for the prevention or detection of crime or disorder, apprehension and prosecution of offenders (including use of images as evidence in criminal proceedings), interest of public and employee Health and Safety, protection of public health and the protection of the Our property and assets.
Prior to any camera installation Phoenix Gym norwich Ltd will ensure that the installation complies with this policy and that the use of any camera is justified, necessary and proportionate.
Siting the Cameras
The location of the equipment is carefully considered because the way in which images are captured needs to comply with the Regulation and be fit for purpose.
All cameras are located in prominent positions within public and staff view and do not infringe on sensitive areas. All CCTV surveillance is automatically recorded.
Quality of the Images
The images produced by the equipment will as far as possible be of a quality that is effective for the purpose(s) for which they are intended. Upon installation, all equipment is tested to ensure that only the designated areas are monitored, and suitable quality pictures are available in live and play back mode. All CCTV equipment is maintained.
Processing the images
Images which are not required for the purpose(s) for which the equipment is being used will not be retained for longer than is necessary. While images are retained, it is essential that their integrity be maintained, whether it is to ensure their evidential value or to protect the rights of people whose images may have been recorded. Access to and security of the images is controlled in accordance with the requirements of the Regulation.
All images are digitally recorded and stored securely within the system’s hard drives. Images are stored for a minimum of 7 days and typical for no more than 30 days. In exceptional circumstances some specific footage may be stored for longer periods.
Where the images are required for evidential purposes or disciplinary proceedings, a copy file will be moved to an access controlled confidential location on file within out computers and held until completion of the investigation. On occasion a short recording may be taken via managements mobile device for viewing and to act upon. The mobile device will have security features in place to prevent anyone not intended to view the information. Once the information has be used for the intended purpose (evidential for security or to reinforce company systems) then it will be deleted from any such mobile device but still help on Phoenix Gym Norwich’s computer systems so as long as necessary for the intended purpose. Viewing of images within the Phoenix Gym computer system is controlled by management or a person nominated to act on their behalf. Only persons trained in the use of the equipment and authorised by management will access the CCTV.
Access to and disclosure of images to third parties
Access to, and disclosure of, the images recorded by our CCTV System and similar surveillance equipment is restricted and carefully controlled. This ensures that the rights of individuals are preserved, and the continuity of evidence remains intact should the images be required for evidential purposes e.g. a police enquiry or an investigation being undertaken as part of an internal procedure.
Access to the medium on which the images are displayed and recorded is restricted to management, staff authorised by them and third parties as authorised from time to time for specific purposes. Access to and disclosure of images is permitted only if it supports the purpose for which such images were collected.
Access to images by individuals
The Regulation gives any individual the right to request access to CCTV images which contain their personal data.
Individuals who request access to images must submit this formally in writing, with sufficient details to identify the section of footage with which they are concerned and to enable Phoenix Gym norwich Ltd to satisfy itself that the person making the request is the data subject of that specific recording. Upon receipt of the request, Phoenix Gym Norwich Ltd management, or another member of staff authorised by them, will determine whether disclosure is appropriate and whether there is a duty of care to protect the images of any third parties. If the duty of care cannot be discharged, then the request can be refused.
A written response will be made to the individual, giving the decision (and if the request has been refused, giving reasons) within 31 days of receipt of the request.
Your Rights regarding personal information
The Regulation provides certain overriding rights for data subjects.
You are entitled to request details of the information we hold about you and how we process it. You may also have a right in accordance with applicable data protection law to have it rectified or deleted, to restrict our processing of that information (including in relation to direct marketing), to stop unauthorised transfers of your personal information to a third party and, in some circumstances to obtain your personal information in a structured, commonly used and machine-readable format or to have it transferred directly to another organisation. You may also have the right to lodge a complaint in relation to our processing of your personal information with a local supervisory authority (for residents of the United Kingdom: the Information Commissioner’s Office; further information can be found at https://ico.org.uk/).
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. Your objection (or withdrawal of any previously given consent) could mean that we are unable to perform the actions necessary to achieve the purposes set out above (see the section ” What do we do with the information we collect?”) or that you may not be able to make use of the services and products offered by us. Please note that even after you have chosen to withdraw your consent we may be able to continue to process your personal information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations.
If you have a concern about the way we are collecting or using personal information relating to you, we request that you raise your concern with us in the first instance: Phoenix Gym Norwich Ltd, units 1-3 St Mary’s Works, Oak St, Norwich, Norfolk, NR3 3AF or by email at email@example.com. Alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/concerns/
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