TERMS AND CONDITIONS FOR PERSONAL FITNESS TRAINER SERVICES
PROVIDED BY: CROSSFIT BICESTER LTD
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
A. to provision of any Training Session (as defined in Clause 1 below) by Crossfit Bicester LTD a company registered in England and Wales under number 11030999 whose registered office is at E12 Telford Road, Bicester, England, OX26 4LD (“Us”); and
B. where the client is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from Us comprising one or more Training Sessions for the individual’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Our Premises”means the premises where we provide Training Sessions at the same address as above, but in Clause 3.17 it means “business premises” as defined in the Regulations, and for the avoidance of doubt it does not include Your Premises in relation to any Session/s that We agree to provide at Your Premises;
“Price List” means our standard price list for all Training Sessions which we offer. The list of Training Sessions and their prices is available by e-mail, at our premises or our website;
“Registration Form” means the registration form that We provide to You for You to apply to register;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Services” means any class which is available: CrossFit, Weightlifting, Gymnastics, Team Sweat classes
“Training Session" means any session of 60 minutes (including any time needed to change into any necessary clothing for the session or for any warm up) that We provide for You on an individual basis, comprising any of the Services, and all facilities, services, equipment, and other goods and materials which we provide/use in connection with any such session in accordance with any programme of training that We advise and agree with You from time to time; Classes vary between 30 and 90 minutes.
“We/Us/Our” means the company whose name is set out above and whose place of business and contact address is set out above and includes all Our staff (employees and agents);
“WodBoard” The booking platform which is used to book classes and make payments. This is an external company.
“You/Your” means an individual to whom We agree to provide any Training Session; and
“Your Premises” means any premises other than Our premises at which We may agree from time to time to provide any Training Session(s) for You.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular number shall include the plural and vice versa; and
1.5 References to any gender shall include the other gender.
2. Registration
2.1 In order to attend any Training Session You first have to register with WodBoard and You may do so by e-mailing info@crossfitbicester.co.uk who will e-mail You with further instruction once a membership plan has been decided. As part of registering with WodBoard you will also need to agree to these Terms and Conditions.
2.2 The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the fitness, health and safety matters and rules set out in Clauses 6 and 7 of these Terms and Conditions.
2.3 You may book and attend a Training Session only once you are registered through WodBoard and signed these Terms and conditions and Waiver.
2.4 Once registration is complete through WodBoard a contract between You and Us on these Terms and Conditions is put in place.
3. Booking and Cancellation of Membership, and Consumer Rights
3.1 You must be 18 or over and a “Consumer” to book and attend any Training Session.
3.2 A time/date slot for a Training Session is subject to availability. No priority is given, and a Training Session time/date slot will be offered on a first-come-first-served basis. We will not reserve or guarantee any particular time/date slot for any Training Session unless and until You book for it through WodBoard.
3.3 You may book a Training Session only through WodBoard, Our on-line booking system as a single Training Session or as part of any available package of Training Sessions.
3.4 We will only provide a Training Session to You if You have pre-booked it.
3.5 When you book and pay for any Training Session on a ‘Drop In’ basis [not booked and paid for as part of a package], This cannot be changed after the booking has been made. Should you not be able to attend the Training Session booked We will not refund any payment You have made for it.
3.6 If You pay for any package of Training Sessions (5 classes or 10 classes), You should ensure that You book dates for all of the package which fall within the 2 month period after the date when You pay for the whole package. Any Training Sessions paid for as part of a package but not booked for dates falling within that 2 month period cannot be taken and will be lost, and We will not refund any payment You have made for them. Where You pay for a package, We will use all reasonable endeavors to agree all dates for it which fall within the said 2 month period.
3.7 Your request for a booking for a Training Session [(whether or not it is paid for as part of a package)] will be an offer, but whether We accept any booking for it will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request to book a particular Training Session and You have paid for it will there be a binding contract between You and Us for that Training Session. If You wish to purchase a package of 5 classes, 10 classes, limited membership (13 classes) or Unlimited membership or more Training Sessions and You pay for that package, and in Our discretion We accept that purchase, Our contract with You will be for all of the Training Sessions within that package which You then or later book].
3.8 When You book any Training Session, We will require You to pay Us in advance for it, and We will be entitled to keep some or all of that payment as set out in sub-Clauses 3.10 or 3.11 below if You later cancel the Training Sessions without giving Us the prior notice that We require to be given as explained in the following provisions of this Clause 3.
3.9 If You arrive late for any Training Session, We will not extend the length of it beyond its scheduled finishing time unless We specifically agree to do so at the time when You arrive. We may treat a Training Session that You have booked as cancelled by You without notice to Us if You arrive more than 15 minutes after the start of the Training Session or You tell Us at any time that You will be arriving more than 15 minutes after its start, or You do not attend it at all. If We treat the Training Session as cancelled in any such case, We may then (but We are not obliged to) give Your time/date slot for it to any “wait-list” or other client wishing to book that time and date slot. We may decide to make a charge to You for that cancelled Training Session, and sub-Clause 3.11 below will then apply.
3.10 You may cancel a Training Session as part of a package without charge if You give Us at least 45 minutes prior notice of the cancellation. If You do so We will refund to You your Training Session so that you can instead rebook for a later, substitute, Training Session. You may rebook it under this sub-Clause 3.10 for a date falling within the package period.
3.11 If You do not give Us at least 45 minutes prior notice of cancellation of a Training Session, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation but that charge will be limited to an amount equal to the full price of that Training Session (i.e. the price paid for it where it was a stand alone drop-in session, or, instead where it was booked as part of a package, one class session). We will be entitled to deduct that charge from any sum You paid in advance for that Training Session [or the package].
3.12 If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Training Session without giving Us at least 45 minutes prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under the above provisions of this Clause 3.
3.13 We may cancel a Training Session booked by You at any time before the time and date of that Training Session in the following circumstances:
3.13.1 The required fitness trainer necessary for the Training Session is not available; or
3.13.2 An event described in sub-Clause 8 below occurs and continues for more than 1 month or
3.13.3 We find that you are not a “Consumer” (as defined in Clause 1 above).
If We cancel a Training Session in such circumstances We will refund to You in full the payment that You have made to Us for that Training Session
unless it was paid for as part of a package in which case the following will apply instead.
Where it was part of a 5 class, 10 class or limited package, We will not make a refund but You may rebook that cancelled Training Session (without further payment) for another date falling within the 2 month period after the date when You paid for the package.
We will use all reasonable endeavours to start the Training Session You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Training Session or by other circumstances. If a delay to the start is at least 30 minutes, or, if at any time before or after You arrive for a Training Session We notify You that there will be a delay of at least that time, You may cancel the Training Session and We will refund to You in full the payment that You have made to Us for that Training Session [unless it was paid for as part of a package in which case the final paragraph of sub-Clause 3.13 (as to rebooking of, or refund for, a cancelled session) will also apply to cancellation under this sub-Clause.
3.14 We offer members the ability to pause their memberships for an injury or health reason. Should you need to do this you can e-mail info@crossfitbicester.co.uk. You can only put your memberships on pause for one month and then it will be subject to review. Should you then want to cancel your membership then 30 days cancellation notice will apply. All memberships (limited and unlimited) have a 30 day cancellation policy from the date of e-mail.
3.15 Training Sessions, prices and fitness trainers are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.
3.16 We may immediately terminate a Training Session if Your conduct is in Our reasonable opinion unacceptable, or if it amounts to Your breach of these Terms and Conditions. You will not be entitled to any refund for a Training Session started but not completed in such a case. [If at that time You have paid for any Training Sessions as a package but have not yet booked and/or attended one or more of such Training Sessions, We may cancel those Training Sessions not yet booked and/or attended by telling You at the time of that cancellation and in that case We will refund You for the number of Training Session in the package cancelled and the refund will be for the number of package Training Sessions not taken pro rata to the total Training Sessions in the package as a proportion of the price paid for the whole package.]
3.17 All memberships (limited and unlimited) have a 30 day cancellation policy from the date of e-mail. If You request that Your membership to be cancelled, You must confirm this by e-mail to info@crossfitbicester.co.uk.
4. Fees and Payment
4.1 You must pay in accordance with Our Price List for all Training Sessions that We fully and correctly provide to You.
4.2 You may pay Us for Training Sessions using any of the following methods:
4.2.1 Through WodBoard
4.2.2 Cash paid with one of the trainers
4.3 We may alter Our prices without prior notice, but if the price of any Training Session increases between the time when You book it and the date of the Training Session, the price increase will not apply to You for the Training Session on that date.
4.4 All prices of Training Sessions shown in the Price List are inclusive of VAT.
5. Eligibility to receive a Training Session
5.1 We only make any Training Session available to a “Consumer” (as defined in Clause 1 above), and Your completion of registering through WodBoard will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Training Session. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Training Sessions. If at the time of such cancellation You have paid for Training Sessions as a package but have not yet attended one or more such Training Sessions, We will refund You for those Training Sessions not yet attended and the refund will be for the number of package Training Sessions not attended pro rata to the total number of Training Sessions in the package as a proportion of the price paid for the whole package.
5.2 We will not accept Your application to register or make any Training Session available to You unless You are aged 18 or over. We may require evidence of Your age for that purpose.
6. Fitness, Health and Safety
6.1 You acknowledge that Training Sessions may be physically strenuous and You agree that You voluntarily participate in such Training Sessions with full knowledge that even if We and the relevant fitness trainer is not negligent there is a risk of personal injury or illness arising from Your participation in such Training Sessions.
6.2 You will at all times be responsible for Your own state of health, physical condition and wellbeing. You must ensure that you are fit and well enough to participate in any Training Session that You book. Certain Training Sessions or parts or aspects of such sessions and/or of fitness programmes may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
6.2 If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Training Session, and where necessary, You must obtain clearance from a relevant professional medical or other adviser before booking or attending any Training Session. We cannot and do not provide any such advice or clearance.
6.3 You agree that when You register and when You book and attend any Training Session, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any Training Sessions, and that You have obtained medical or other clearance where necessary.
6.4 When You request a booking for a Training Session and if at least 24 hours before You attend any Training Session, You tell Us at that time about any medical, health or fitness issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.
6.5 If You do not tell Us before a Training Session of anything referred to in sub-Clause 6.3 or 6.4 that We then discover, We will be entitled not to provide some or all of that Training Session or any other Training Sessions and to treat any such Training Sessions (or the affected part of it/them) as cancelled by You without notice, in which case We may make a charge to You for that cancelled Training Session (or part of it) as set out in sub-Clause 3.11 above. If that Training Session is part of a package, We may also cancel any other remaining Training Sessions in the package and in that case We will refund You for each of the remaining Training Sessions that We cancel an amount equal to the total package price divided by the total number of Training Sessions in the total package.
6.6 You must not attend any Training Session when under the influence of alcohol or illegal drugs.
6.7 If You need to change Your clothing when You arrive for a Training Session and/or You need to discuss or deal with any administrative matter before a Training Session, or We have informed You that the time/slot for Your Training Session does not include time for a warm-up but that a warm up routine specified by Us is needed before You start Your Training Session,] You should arrive at least 5 minutes prior to the time slot booked for Your Training Session to allow for a prompt start. If You know You are going to be late for a Training Session, You should contact Us to tell Us as soon as You can before the Training Session time slot start time. If You arrive later than the time slot start time, We may not permit You to participate in the Training Session for health and safety reasons.
6.8 You acknowledge and agree that a Training Session usually involves a certain amount of physical contact between Our fitness trainer and a client to ensure proper technique or to provide support.
7. Rules
7.1 We do not permit You to:
7.1.1 smoke anywhere on Our Premises;
7.1.2 bring to Our premises any children under the age of 13 unless agreed in advance by the trainer.
7.1.3 bring any animals into Our Premises with the exception of dogs subject to them being on a lead.
7.2 Generally, You will need to wear loose clothing and training shoes for Training Sessions but if a Training Session requires any other or any specific type of clothing, footwear or other items, We will tell You beforehand of such specific requirements and You must provide the necessary items for Yourself. Clothing and footwear not worn for the Training Session should be stored in the location that We tell You about. If You do not comply with any of these dress requirements, We may cancel the Training Session without liability for any refund or other amount.
8. Events beyond our reasonable control
8.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.
8.2 If any event described under sub-Clause 8.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Training Sessions as necessary. You may, without liability to Us, cancel any Training Session(s) which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Training Session(s). Where the cancelled Training Session(s) is/are part of a package, We will refund You for each such Training Session an amount equal to the total price for the package divided by the total number of Sessions in the package.
9. Limitation of Liability
9.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 We provide or sell all Training Sessions to You only for Your personal and private use/purposes. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.3 We make no warranty or representation that any particular result will be brought about as a result of taking part in any Training Session/s. Results will differ from client to client depending on various factors, including, without limitation, body type, and nutrition.
9.4 Our fitness coaches have attained the appropriate qualifications. Accordingly, they are appropriately qualified and insured to conduct Training Sessions. However, they are not medical or health professionals, and they do not have expertise to diagnose medical conditions or impairments, their advice does not include any medical or similar advice and it is not a substitute for advice provided by an appropriate medical, health, fitness, or other professional therapist.
9.5 If You bring any personal belongings on to Our Premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us. We will not be responsible for any loss or damage to Your personal belongings caused by any other client, guest or visitor to Our Premises even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our Premises.
9.6 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
9.7 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
9.7.1 the Consumer Rights Act 2015;
9.7.2 the Regulations;
9.7.3 the Consumer Protection Act 1987; or
9.7.4 any other consumer protection legislation
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
10. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
11. How We Use Your Personal Information (Data Protection)
We will only use Your personal information as set out in Our Privacy Notice available by e-mail.
We take photos and videos on a regular basis for social media and marketing. By agreeing to these terms and conditions you agree that you are happy for us to use these images and videos. Should you not want us to use any photo or video please e-mail info@crossfitbicetser.co.uk where we can ensure we remove any current images/ videos and do not take any in the future.
12. Regulations
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
13. Information
As required by the Regulations:
13.1 all of the information described in Clause 12; and
13.2 any other information which We give to You about any Training Sessions or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Training Sessions;
will be part of the terms of Our contract with You as a Consumer.
14. Complaints
We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our client is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Training Sessions or any other complaint about Us, please raise the matter with the director who can be contacted by e-mail at info@crossfitbicester.co.uk.
15. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
16. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
17. Law and Jurisdiction
17.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
SCHEDULE
CCTV Policy
Introduction
The Company uses closed circuit television (CCTV) images to protect the Company’s property and to provide a safe and secure environment for employees and visitors to the Company’s business premises. This policy sets out the details of how the Company will collect, use and store CCTV images. For more information on your privacy rights associated with the processing of your personal data collected through CCTV images please refer to the Company privacy notice and data protection policy.
The Company’s CCTV facility, unless there are exceptional circumstances (see covert recording below), will only record images. There is no audio recording i.e. conversations are not recorded on CCTV.
Purposes of CCTV
The Company has carried out a data protection impact assessment and on the basis of its findings it considers it necessary and proportionate to install and use a CCTV system. The data collected from the system will assist in:
• Prevention or detection of crime or equivalent malpractice.
• Identification and prosecution of offenders.
• Monitoring of the security of the Company’s business premises.
• Ensuring that health and safety rules and Company procedures are being complied with.
• Identification of unauthorised actions or unsafe working practices that might result in disciplinary proceedings being instituted against employees and to assist in providing relevant evidence.
• Promoting productivity and efficiency.
Location of cameras
Cameras are located at strategic points throughout the Company’s business premises, principally overlooking the gym floor. The Company has positioned the cameras so that they only cover communal or public areas on the Company’s business premises and they have been sited so that they provide clear images. No camera focuses, or will focus, on toilets, shower facilities, changing rooms, staff kitchen areas, staff break rooms or private offices.
All cameras (with the exception of any that may be temporarily set up for covert recording) are also clearly visible.
Appropriate signs are prominently displayed so that employees, clients, customers and other visitors are aware they are entering an area covered by CCTV.
Recording and retention of images
Images produced by the CCTV equipment are intended to be as clear as possible so that they are effective for the purposes set out above. Maintenance checks of the equipment are undertaken on a regular basis to ensure it is working properly and that the media is producing high quality images.
Images may be recorded either in constant real-time (24 hours a day throughout the year), or only at certain times, as the needs of the business dictate.
As the recording system records digital images, any CCTV images that are held on the hard drive of a PC or server are deleted and overwritten on a recycling basis and, in any event, once the hard drive has reached the end of its use, it will be erased prior to disposal.
Images that are stored on, or transferred on to, removable media such as CDs or which are stored digitally are erased or destroyed once the purpose of the recording is no longer relevant. In normal circumstances, this will be a period of 12 months. However, where a law enforcement agency is investigating a crime, images may need to be retained for a longer period.
Access to and disclosure of images
Access to, and disclosure of, images recorded on CCTV is restricted. This ensures that the rights of individuals are retained. Images can only be disclosed in accordance with the purposes for which they were originally collected.
The images that are filmed are recorded centrally and held in a secure location. Access to recorded images is restricted to the operators of the CCTV system and to those line managers who are authorised to view them in accordance with the purposes of the system. Viewing of recorded images will take place in a restricted area to which other employees will not have access when viewing is occurring. If media on which images are recorded are removed for viewing purposes, this will be documented.
Disclosure of images to other third parties will only be made in accordance with the purposes for which the system is used and will be limited to:
• The police and other law enforcement agencies, where the images recorded could assist in the prevention or detection of a crime or the identification and prosecution of an offender or the identification of a victim or witness.
• Prosecution agencies, such as the Crown Prosecution Service.
• Relevant legal representatives.
• Line managers involved with Company disciplinary and performance management processes.
• Individuals whose images have been recorded and retained (unless disclosure would prejudice the prevention or detection of crime or the apprehension or prosecution of offenders).
The Managing Director of the Company (or another senior director acting in their absence) is the only person who is permitted to authorise disclosure of images to external third parties such as law enforcement agencies.
All requests for disclosure and access to images will be documented, including the date of the disclosure, to whom the images have been provided and the reasons why they are required. If disclosure is denied, the reason will be recorded.
Individuals’ access rights
Under the UK’s data protection laws, including the General Data Protection Regulation (GDPR), individuals have the right on request to receive a copy of the personal data that the Company holds about them, including CCTV images if they are recognisable from the image.
If you wish to access any CCTV images relating to you, you must make a written request to the Company’s Data Protection Officer Sofia Garrad. This can be done by using this email address info@crossfitbicester.co.uk. The Company will usually not make a charge for such a request, but we may charge a reasonable fee if you make a request which is manifestly unfounded or excessive, or is repetitive. Your request must include the date and approximate time when the images were recorded and the location of the particular CCTV camera, so that the images can be easily located and your identity can be established as the person in the images.
The Company will usually respond promptly and in any case within one month of receiving a request. However, where a request is complex or numerous the Company may extend the one month to respond by a further two months.
The Company will always check the identity of the employee making the request before processing it.
The Data Protection Officer Sofia Garrad will always determine whether disclosure of your images will reveal third party information, as you have no right to access CCTV images relating to other people. In this case, the images of third parties may need to be obscured if it would otherwise involve an unfair intrusion into their privacy.
If the Company is unable to comply with your request because access could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, you will be advised accordingly.
Covert recording
The Company is aware that covert recording can only be done in exceptional circumstances for example where the Company suspects criminal activity taking place. On this basis the Company will only undertake covert monitoring if it has carried out a data protection impact assessment which has addressed the following:
• the purpose of the covert recording;
• the necessity and proportionality of the covert recording;
• the risks to the privacy rights of the individual(s) affected by the covert recording;
• the time parameters for conducting the covert recording
• the safeguards and/or security measures that need to be put in place to ensure the covert recording is conducted in accordance with the data protection laws, including the GDPR.
If after undertaking the data impact assessment the Company considers there is a proportionate risk of criminal activity, or equivalent malpractice taking place or about to take place, and if informing the individuals concerned that the recording is taking place would seriously prejudice its prevention or detection, the Company will covertly record the suspected individual(s). In doing this the Company will rely on the protection of its own legitimate interests as the lawful and justifiable legal basis for carrying out the covert recording.
Before the covert recording commences the Company will ensure that Managing Director (or another senior director acting in their absence) agrees with the findings of the data protection assessment and provides written authorisation to proceed with the covert recording.
Covert monitoring may include both video and audio recording.
Covert monitoring will only take place for a limited and reasonable amount of time consistent with the objective of assisting in the prevention and detection of particular suspected criminal activity or equivalent malpractice. Once the specific investigation has been completed, covert monitoring will cease.
Information obtained through covert monitoring will only be used for the prevention or detection of criminal activity or equivalent malpractice. All other information collected in the course of covert monitoring will be deleted or destroyed unless it reveals information which the Company cannot reasonably be expected to ignore.
Staff training
The Company will ensure that all employees handling CCTV images or recordings are trained in the operation and administration of the CCTV system and on the impact of the laws regulating data protection and privacy with regard to that system.
Implementation
The Company’s Data Protection Officer Sofia Garrad is responsible for the implementation of and compliance with this policy and the operation of the CCTV system and they will conduct a regular review of the Company’s use and processing of CCTV images and ensure that at all times it remains compliant with the laws regulating data protection and privacy. Any complaints or enquiries about the operation of the Company’s CCTV system should be addressed to Sofia Garrad Data Protection The Company will process the personal data collected in connection with the operation of the CCTV policy in accordance with its data protection policy and any internal privacy notices in force at the relevant time. Inappropriate access or disclosure of this data will constitute a data breach and should be reported immediately to the Company’s Data Protection Officer Sofia Garrad in accordance with the Company’s data protection policy. Reported data breaches will be investigated and may lead to sanctions under the Company’s disciplinary procedure.
COMPANY DETAILS
We are a company registers in England and Wales. Our company registration number is 11030999 and our registered office is at E12 Telford Road, Bicester, England, OX26 4LD.
