In accordance with the General Data Protection Regulation (GDPR), we have implemented this privacy notice to inform you, our service users, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.
This notice applies to current, former and prospectus member’s, service suppliers and contractors.
1. DATA PROTECTION PRINCIPLES
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
- processing is fair, lawful and transparent
- data is collected for specific, explicit, and legitimate purposes
- data collected is adequate, relevant and limited to what is necessary for the purposes of processing
- data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
- data is not kept for longer than is necessary for its given purpose
- data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
- we comply with the relevant GDPR procedures for international transferring of personal data
2. TYPES OF DATA HELD
We keep several categories of personal data on our employees in order to carry out effective and efficient processes. We keep this data in a personnel file relating to each employee and we also hold the data within our computer systems, for example, our holiday booking system.
Specifically, we hold the following types of data:
- personal details such as name, address, phone numbers
- name and contact details of your next of kin
- your photograph
- your gender, civil status, information of any disability you have or other medical information
- Employer and/or position
- bank account and card details for member’s
- driving licence/passport/student card details
- criminal convictions
- CCTV footage
- building access card records
- IT equipment use including telephones and internet access.
3. COLLECTING YOUR DATA
We collect information about you during the membership registration process for any of our services including tours, club trials and membership enquiries. This information may include, but is not limited to your name, postal address, e-mail address, phone number, bank details (for membership only) and any other details as might be requested from you for the purpose of registration and/or continued use of our Services.
We may also collect information from you if you request information about the club or customer support. This information may include, but is not limited to your name, postal address, e-mail address, phone number.
Additional Information collected:
We may also collect the following information:
- Name, contact information and message if you contact us or participate in a survey, contest or promotion;
- Details such as traffic information, location data and other communication data (including IP address and browser type) collected by your availing of the Services;
- Device information including unique device identified;
- Your gym usage, payments, payment method and other account transactions – these are routinely analysed to assist us in improving the Services we provide to you;
- Your email conversations – either to place an enquiry or a customer service email;
- Your response to marketing campaigns from us or through our third parties i.e. open/click on such emails;
- Your social media profile details (name, profile photo and other information you make available to us) when you connect with or contact us through a social media account;
- Information derived based on profiling activity (see below); and
- Information from third party databases to comply with our legal and regulatory obligations.
Third Party and Publicly Available Sources
Not all the personal information we hold about you will always come directly from you. We may also collect information from third parties such as our partners, service providers and publicly available websites (i.e. social media platforms), to comply with our legal and regulatory obligations, offer Services we think may be of interest, to help us maintain data accuracy and provide and enhance the Services.
If you log into one of our products through Facebook, Facebook provides us with some of your Facebook user details. We may use these details for the purposes of our registration process and to market our products and Services to you on Facebook.
4. LAWFUL BASIS FOR PROCESSING
The law on data protection allows us to process your data for certain reasons only. In the main, we process your data in order to comply with a legal requirement or in order to effectively manage the employment contract we have with you, including ensuring you are paid correctly.
The information below categorises the types of data processing we undertake and the lawful basis we rely on.
|Activity requiring your data||Lawful basis|
|Carry out the membership contract that we have entered into with you e.g. using your name, contact details, bank details,||Legal obligation|
|Ensuring membership is paid||Legal obligation|
|Contacting you after you have filled in a contact form enquiring about membership (either online or in club)||Our legitimate interests|
|Making adjustments to your membership||Our legitimate interests|
|Ensuring efficient administration of contractual benefits to you||Our legitimate interests|
|Effectively monitoring both your attendance||Our legitimate interests|
|Maintaining comprehensive up to date personnel records about you to ensure, amongst other things, effective correspondence can be achieved and appropriate contact points in the event of an emergency are maintained||Our legitimate interests|
|To notify you of any promotional offers we are running||Our legitimate interests|
|To notify you of any changes within the club or news that may affect you or your membership within the club||Our legitimate interests|
|Gaining expert medical opinion when making decisions about your fitness to exercise or attend the gym – when doctors notes are provided||Our legitimate interests|
|Dealing with legal claims made against us||Our legitimate interests|
|Preventing fraud||Our legitimate interests|
|Ensuring our administrative and IT systems are secure and robust against unauthorised access||Our legitimate interests|
5. SPECIAL CATEGORIES OF DATA
Special categories of data are data relating to your:
- ethnic origin
- Employer and/or position
- biometric data.
We carry out processing activities using special category data:
- to ensure you are fit and able to exercise and use our facilities
- to determine reasonable adjustments
Most commonly, we will process special categories of data when the following applies:
- you have given explicit consent to the processing
- we must process the data in order to carry out our legal obligations
- we must process data for reasons of substantial public interest
- you have already made the data public.
6. FAILURE TO PROVIDE DATA
Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract of membership with you. This could include being unable to offer you gym access, or administer contractual benefits.
7. CRIMINAL CONVICTION DATA
We will only collect criminal conviction data where it is appropriate given the nature of your role and where the law permits us. This data will usually be collected at the recruitment stage, however, may also be collected during your employment. We use criminal conviction data to determine your suitability, or your continued suitability for the role. We rely on the lawful basis to process this data.
8. WHO WE SHARE YOUR DATA WITH
Employees within our company who have responsibility for membership, administration and gym functions will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processing in line with GDPR.
Data is shared with third parties for the following reasons:
- To ensure you stay up to date with any changes within the club.
- To notify you of any promotional offers we are running
We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
We share our Data with the following GDPR Compliant companies.
- Listen 360
- Legend Online Services
- Referral Rocks
- Donridge Print
The Company does transfer personal data to recipients outside of the EEA. These are fully GDPR compliant and have signed legal contracts with us in order to become compliant.
9. PROTECTING YOUR DATA
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.
10. RETENTION PERIODS
We only keep your data for as long as we need it for, which will be at least for the duration of your employment with us though in some cases we will keep your data for a period after your employment has ended. Some data retention periods are set by the law. Retention periods can vary depending on why we need your data, as set out below:
|Application forms & DD forms||3 months from when member has terminated|
|Tour Prospect Information||1 year|
|Club Guest Information||1 year|
|Health and Safety Records of Major Incidents||10 years from the date of the accident|
|CCTV Footage||2 months|
|Website/Email/Facebook Enquiry||1 year|
|Member Feedback (Online,L360,comment cards)||5 years|
11. AUTOMATED DECISION MAKING
Automated decision making means making decision about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.
12. YOUR RIGHTS
You have the following rights in relation to the personal data we hold on you:
- the right to be informed about the data we hold on you and what we do with it;
- the right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on Subject Access Requests”;
- the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
- the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
- the right to restrict the processing of the data;
- the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
- the right to object to the inclusion of any information;
- the right to regulate any automated decision-making and profiling of personal data.
More information can be found on each of these rights in our separate policy on employee rights under GDPR.
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data.
14. MAKING A COMPLAINT
If you think your data rights have been breached, you are able to raise a complaint with the Office of the Data Protection Commissioner. You can contact the ODPC at Data Protection Commissioner, Canal House, Station Road, Portarlington, R32 AP23, Co. Laois or by telephone on +353 57 8684800 or +353 (0)761 104 800 or Lo Call 1890 252 231 or email firstname.lastname@example.org.
15. DATA PROTECTION COMPLIANCE
Our Data Protection Officer