T&C

Please find below the full Terms and Conditions for CrossFit Cairngorm Ltd.

 

  1. Release of liability

  2. Membership agreement

  3. Client’s right to cancel

  4. Client’s right to hold

  5. Client’s default

  6. Enforceability

  7. Legal

  8. Membership fees

  9. Joining fee

  10. Standing orders & Auto debit

  11. Use of the Facilities

  12. Smoking

  13. Social Activities

  14. Fire Emergency plan

  15. Medical Emergency plan

  16. Lost property

  17. Liability and loss

  18. Termination of Membership

  19. Suspension of membership

  20. General

  21. Data Protection Act and GDPR

  22. Governing Law and Jurisdiction of the Courts

  23. Pricing

  24. Payment

  25. Delivery

  26. Warranty

  27. Cancellations and Returns

  28. Conditions of website use

  29. Privacy Policy

  30. Collection of Information

  31. Cookie/Tracking Technology

  32. Distribution of Information

  33. CCTV Policy

Terms and Conditions

Membership Terms and Conditions

The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them. They do however allow the staff of CrossFit Cairngorm to provide a service that we believe is second to none.

1. Release of Liability

1.1. Client’s acknowledgement and assumption of risk and full release from liability of CrossFit Cairngorm: client acknowledges that the training / nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, strongman, gymnastic movements, various aerobic conditioning and various nutritional programs offered by CrossFit Cairngorm (the “physical activities”).

1.2. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, rhabdomyolysis, or injury, however caused, occurring during or after client’s participation in the physical activities.

1.3. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.

1.4. Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.

1.5. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in CrossFit Cairngorm’s physical activities.

1.6. By reading this agreement, client affirms that he/she/they is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.

1.7. Client, on behalf of client, his/her/theirs heirs, assigns and next of kin, waives any claims against and releases CrossFit Cairngorm (as well as any of its owners, employees, or other authorised agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in CrossFit Cairngorm activities, including, but not limited to the personal training / nutritional programs and the physical activities.

1.8. Members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Members who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, these are however used entirely at the members’ own risk. All members must undergo a health check and basic supervised instruction session before using the gym.

1.9. Appropriate clothing must be worn at all times. Access to the gym and booking classes can be carried out using your personal login to PushPress.

1.10. Members perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.

Gym membership agreement services

2.1. The service being requested is for teaching and coaching designed to develop your fitness and understanding.

2.2. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package.

2.3. This can include an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.

Client’s right to cancel

3.1. The client may not terminate or cancel the agreement except as follows:

3.1.1. by giving at least 30 days notice

3.1.2. if by reason of death or disability, client is unable to receive all CrossFit Cairngorm services for which client has contracted, client and client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability);

Client’s default

5.1. Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, CrossFit Cairngorm shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.

5.2. If CrossFit Cairngorm delays or refrains from exercising any rights under this agreement, CrossFit Cairngorm does not waive, nor will CrossFit Cairngorm lose those rights. If CrossFit Cairngorm accepts late or partial payments from the buyer, CrossFit Cairngorm does not waive the right to receive full and timely payments and other charges due under this agreement.

Successors and assigns:

5.3. Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.

Enforceability

6.1. The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, the client specifically agrees all the terms and conditions are to be enforced and client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.

Legal fees

7.1. In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.

Membership fees

8.1. Membership fees shall be fixed by CrossFit Cairngorm and may be altered at any time. Members will be notified (by notices posted on notice boards, in the private Social Media group and through email/newsletters) of any changes in the fees prior to the date of the alteration.

8.2. On payment of membership fees, a member is entitled to use CrossFit Cairngorm facilities with frequency of use relating to the membership type.

8.3. The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable on the 1st or 15th of each month, or if the 1st day of the month is a Saturday, Sunday or public holiday, the next working day (or if required on a different day).

8.4. All membership applications must be on the forms prescribed by the centre and applicants may be subject to an interview at the discretion of the centre.

8.5. The centre reserves the right to reject an application for membership, or refuse admission, without ascribing any reason.

8.6. Membership fees are payable according to the membership type selected.

Joining fee

9.1. Joining fees are non refundable.

9.2. In the event of a membership subscription lapsing for any time an additional joining fee may be charged at the discretion of the management.

9.3. Upgrade of the membership can only be considered under the discretion of the management

9.4. From time to time joining fees may be waived as special offers.

Standing orders & Auto debit

8.1. Monthly standing orders and auto debits are a full binding contract between CrossFit Cairngorm and the member and will automatically continue until CrossFit Cairngorm is notified otherwise.

Use of the Facilities

9.1. A member is entitled to use CrossFit Cairngorm’s facilities providing always that CrossFit Cairngorm may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work, other work or for reasons beyond the control of CrossFit Cairngorm.

Smoking

10.1. Please note that CrossFit Cairngorm has been designated a non-smoking environment. The whole site is a no smoking site.

Social Activities

13.1. The centre reserves the right at any time, and without notice, to set aside facilities for exhibitions or other social activities.

Fire Emergency plan

14.1. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exit which are clearly signed at the end of the room and convene at the car park in front of the Cairngorm Brewery

14.2. Emergency lighting is provided overhead to aid escape in the dark.

14.3. Members are advised not to fight the fire but leave the premises and call the fire brigade. There are fire extinguishers located throughout the building should it be necessary to combat flames.

Medical Emergency plan

15.1. In the event of a medical emergency the first aider on duty will assess the medical need and provide treatment and call for help.

15.2. Members with relevant training are encouraged to help and call for the ambulance service.

Lost property

16.1. All lost property found on the premises should be handed into a member of staff. Items will be stored for at least one month before possibly being donated to local charities.

Liability and loss

17.1. The centre’s liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of CrossFit Cairngorm, its staff or agents. Without exception the centre will not accept liability for money, valuables or other personal property of members.

17.2. The centre reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored at CrossFit Cairngorm is stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by the gym.

17.3. The gym cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of CrossFit Cairngorm, its staff or agents.

17.4. Any member who suffers an accident on the premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.

17.5. Neither CrossFit Cairngorm, its trainers or other employees, servants or agents (including every independent contractor from time to time employed by CrossFit Cairngorm) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programme.

Termination of Membership

18.1. If you are on a month by month contract, you may give us written notice of your wish to cancel at any time, requests received before or on the 17th of a calendar month will be processed at the end of that given month, those received after the 17th of the month will be processed at the end of the following month. CrossFit Cairngorm is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.

18.2. CrossFit Cairngorm reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the owners, cause nuisance or annoyance to the other gym members or guests; and for any breach of CrossFit Cairngorm’s rules or misuse of gym facilities, or for any other reason which CrossFit Cairngorm may deem appropriate.

Suspension of membership

19.1. Suspension for medical reasons will require support in writing from your doctor and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness.

19.2. Suspension for any other reason must be requested in writing two weeks in advance.

19.3. All suspensions are at the discretion of the management.

General

20.1. Members must at all times observe the membership rules and Gym Rules, and comply with any reasonable directions which the manager may give to ensure the smooth operation of CrossFit Cairngorm, the facilities and the convenience of members.

20.2. Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the manager whose decision shall be final.

20.3. CrossFit Cairngorm reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on CrossFit Cairngorm by notices posted on notice boards, in the private Facebook group and through email/newsletters. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.

Data Protection Act

21.1. CrossFit Cairngorm abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on computer for the purpose of administrating the membership. In addition CrossFit Cairngorm will use the records to notify you of leisure activities organised by CrossFit Cairngorm. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.

21.2 CrossFit Cairngorm takes member privacy seriously and follows all GDPR guidelines, the policies upheld can be viewed here. NEEDS TO LINK TO OUR PAGE

Governing Law and Jurisdiction of the Courts

22.1. This agreement shall be governed by and construed with Scottish Law and the parties agree to submit any disputes to the exclusive jurisdiction of the Scottish Courts.

Terms and Conditions of Sale

Pricing

23.1. We may change the advertised price of a product at any time. The price you pay will be the price in force at the time of your order. The price on your order will be validated by us as part of our acceptance of your order. We try to ensure prices on public display are correct at all times. However, should a pricing error arise we will inform you of the correct price before we take payment and you may choose to either proceed with or cancel the order. All prices include VAT at 20%.

23.2. The information, services and products provided on and throughout this site are subject to change without notice. In the event of a genuine website error or inaccuracy we reserve the right to withdraw an offer immediately. We also reserve the right to cancel all confirmed orders that are subject to genuine website error or inaccuracy. All products offered are subject to availability.

Payment

24.1. Payment is taken when the order is placed. Please note that orders must be paid for in full before they are dispatched. Payment options can include bank transfer, through PushPress, cash and credit/debit card payment at gym.

Delivery

25.1. All delivery charges are automatically calculated in line with the dimensions and weight(s) of your purchase(s), these will all be clearly explained during the checkout process, prior to any payment being requested. For deliveries abroad, we may need to contact you after you have placed the order to discuss an amended delivery charge. If at any time we have to amend a delivery charge, you will be free to cancel the order at no cost. We use the Royal Mail where possible for shipping, and endeavour to deliver to you within 30 days of placing your order, stock dependant.

Warranty

26.1. All products are warranted to arrive in good working condition. No other warranties are offered or implied.

Cancellations and Returns

27.1. If you wish to cancel an order you must let us know in writing. You may cancel your order for a full refund prior to your order being shipped. If you cancel your order after it has been shipped, you are responsible for any and all freight charges incurred by CrossFit Cairngorm. Any unpaid freight charges will be deducted from your refund. We advise you to check the status of your order before you cancel.

27.2. Under Distance Selling Regulations you have the right to cancel your order for a full refund up to 7 days after receiving the goods. However, the goods must be in an unused condition and all packaging must be intact. In this instance you will be liable for all delivery charges incurred by CrossFit Cairngorm.

If a product is either received faulty or it develops a fault, please in the first instance contact us at hello@crossfitcairngorm.com.

27.3. If products arrive in a damaged condition you must make a note on the carrier’s delivery note where possible and inform us within 7 working days of the delivery. CrossFit Cairngorm will, at its option, repair the product, replace the product or issue a refund. You will not be charged for the cost of returning a defective product.

Website Legal Notice

Visitors to our Website are required to accept the following terms and conditions in return for the information given about us, our business and the services we provide through our Website.

Conditions of website use

28.1. We use our reasonable efforts to include accurate and up to date information on our web pages. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.

28.2. The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.

28.3. You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.

28.4. We do not accept any liability in connection with any third party web sites which may be linked or accessible through our own Web site and we do not endorse or approve the contents of any such site.

28.5. In relation to a dispute arising out of this Website you the user and we, CrossFit Cairngorm agree to submit exclusively to the jurisdiction of the Scottish courts.

28.6. Except where expressly stated to the contrary, the text and graphics in the information contained in this Web site is the copyright of CrossFit Cairngorm and CrossFit.Inc. You may download or print out individual selections of these web pages only if explicitly used for your own personal information and not to be publicly reproduced. Permanent copying or storage of whole or part of this Website or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.

28.7. The entire contents of these web pages remain our property and are copyright with all rights reserved.

Privacy Policy

29.1. Thank you for visiting CrossFit Cairngorm. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

29.2. Note: the privacy practices set forth in this privacy policy are for websites within the CrossFit Cairngorm portfolio. If you link to other third party websites, please review the privacy policies posted at those sites. The CrossFit Cairngorm is not responsible for how data or information is treated/handled by any third party web site that is linked to from our sites.

Collection of Information

30.1. We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfil your specific request. This information is only used to fulfil your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Cookie/Tracking Technology

31.1. The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

32. Distribution of Information

32.1. We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorised transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

33. CCTV Policy

33.1 At CrossFit Cairngorm we believe that CCTV plays a legitimate role in helping to maintain a safe and secure environment for all our staff, guests, customers, and potential customers, employees of its partners and suppliers and contractors . Images recorded by CCTV are Personal Data and as such must be processed in accordance with data protection laws. We are committed to complying with our legal obligations in order to appropriately handle and protect Personal Data and ensure that the legal rights of staff, guests, customers, and potential customers, tenants, employees of its partners and suppliers and contractors relating to their Personal Data, are recognised and respected.


This policy is intended to enable staff, guests, customers, and potential customers, tenants, employees of its partners and suppliers and contractors to understand how CrossFit Cairngorm uses CCTV, those departments responsible for CCTV use, the rights individuals may have in relation to CCTV, who has access to CCTV images and how individuals can raise any queries or concerns they may have.


1. Definitions

For the purposes of this policy, the following terms have the following meanings:

CCTV: means cameras, devices or systems including fixed CCTV and any other systems that capture information of identifiable individuals or information relating to identifiable individuals.

CCTV Data: means any Data in respect of CCTV, e.g. video images, static pictures, etc.

Data: means any information which is stored electronically or in paper-based filing systems.

Data Subject: means any individuals who can be identified directly or indirectly from CCTV Data (or other Data in our possession). Data Subjects include staff, guests, customers, and potential customers, tenants, employees of its partners, suppliers and contractors, and members of the public.

Data Controller: is the organisation or authority which, determines how and for what purpose the Personal Data are processed. When operating CCTV, CrossFit Cairngorm is the relevant Data Controller and is responsible for ensuring compliance with the Data Protection Laws.

CCTV users: are those of our employees (or employees of any Data Processors which we appoint) whose work involves processing CCTV Data. This will include those whose duties are to operate CCTV to record, monitor, store, retrieve and delete images. Data users must protect the CCTV Data they handle in accordance with this policy.

Service Provider: is any organisation that is not a CCTV user (or other employee of a Data Controller) that processes CCTV Data or Personal Data on our behalf and in accordance with our instructions (for example, Choice Fire and Security Solution).

Data Protection Laws: means:

a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (the “GDPR”) and any equivalent or implementing legislation;

b) all other applicable laws, regulations or court judgements relating to the processing of personal data, data privacy, electronic communications, marketing and/or data security; and

c) any and all legally binding guidelines, recommendations, best practice, opinions, directions, decisions, or codes issued, adopted or approved by the European Commission, the Article 29 Working Party, the European Data Protection Board, the UK’s Information Commissioner’s Office and/or any other supervisory authority or data protection authority from time to time in relation to the processing of personal data, data privacy, electronic communications, marketing and/or data security; in each case as from time to time in force and as from time to time amended, extended, consolidated, reenacted, replaced, superseded or in any other way incorporated into law and all orders, regulations, statutes, instruments and/or other subordinate legislation (including the Data Protection Bill 2017 when in force) made under any of the above in any jurisdiction from time to time.

Processing: is any activity which involves the use of CCTV Data, whether or not by automated means. It includes collecting, obtaining, recording or holding CCTV Data, or carrying out any operation or set of operations on the CCTV Data including organising, structuring, amending, retrieving, using, disclosing or erasing or destroying it. Processing also includes transferring CCTV Data to third parties.


Site: means the CrossFit Cairngorm premises at CrossFit Cairngorm, Unit 10-2, Dalfaber Industrial Estate, Aviemore, PH22 1ST and more specifically the Sites listed in Schedule 1 where CCTV is installed.


2. About this policy

2.1: We currently use CCTV to view and record individuals at our Site, 24 hours per day, 7 days per week. This policy sets out why we use CCTV, how we will use CCTV and how we will process any CCTV Data recorded by CCTV to ensure that we are compliant with Data Protection Law.

2.2: The images of individuals recorded by CCTV are Personal Data and therefore subject to the Data Protection Laws. CrossFit Cairngorm is the Data Controller of all CCTV Data captured at our Site.

2.3: This policy covers all staff, guests, customers, and potential customers, tenants, employees of its partners and suppliers and contractors and may also be relevant to members of the public visiting the Site.


3. Staff responsible

Ruari Lambert has overall responsibility for ensuring compliance with Data Protection Laws and the effective operation of this policy. Day-to-day operational responsibility for CCTV and the storage of CCTV Data recorded is the responsibility of the Duty Security Controller. Should you have any queries on the use of CCTV or surveillance systems by us please contact Ruari Lambert.

4. Why we use CCTV

4.1: We currently use CCTV around our Site as outlined below. We believe that such use is necessary for the following legitimate business purposes:

(a) to prevent or detect crime and protect buildings and assets from damage, disruption, theft, vandalism and other crime;

(b) for the personal safety of staff, guests, customers, and potential customers, tenants, employees of its partners, suppliers and contractors and other members of the public and to act as a deterrent against crime;

(c) for health and safety of those using the pool and gym floor;

(d) to support law enforcement bodies in the prevention, detection and prosecution of crime; and

(e) to support any internal investigations as part of a staff disciplinary procedure.

We may implement or use CCTV for purposes other than those specified above which we will notify you of from time to time.


5. MONITORING

5.1: The locations of the CCTV are chosen to minimise the viewing of spaces/individuals which are not relevant to the legitimate purpose of the monitoring as specified above.

5.2: Currently, none of our CCTV records sound.

5.3: A live feed from the CCTV is monitored continuously and images are only revisited in the event of an incident or if a request is made.

5.4: Any staff using CCTV will be given training to ensure that they understand and observe the legal requirements relating to the processing of any Data gathered.


6. How we operate CCTV

6.1: Where CCTV is in use at our Site, we will ensure that signs are displayed at the entrance of the surveillance zone to alert staff, guests, customers, and potential customers, tenants, employees of its partners, suppliers and contractors that their image may be recorded. The signs will contain details of the organisation operating the system (where they are operated by a third party) and who to contact for further information.

6:2: We will ensure that live feeds from the CCTV are only viewed by appropriately authorised members of staff or third-party service providers whose role requires them to have access to such CCTV Data.


7. How we use the Data

7.1: In order to ensure that the rights of individuals recorded by our CCTV are protected, we will ensure that CCTV Data gathered from such systems is stored in a way that maintains its integrity and security. This may include encrypting the Data, where it is possible to do so.

7.2: We will ensure that any CCTV Data is only used for the purposes specified in section 4.1 above. We will not use CCTV Data for another purpose unless permitted by Data Protection Laws.

7.3: Where we engage Data Processors to process Data on our behalf, we will ensure contractual safeguards are in place to protect the security and integrity of the Data.


8. Retention and erasure of Data

8.1: Data recorded by our CCTV will be stored off site on Google Servers. We will not retain this Data indefinitely but will permanently delete it once there is no reason to retain the recorded information. Exactly how long the Data will be retained for will vary according to the purpose for which it was recorded. For example, where images are being recorded for crime prevention purposes, CCTV Data will be kept only for as long as it takes to establish that a crime has been committed or where we are using the CCTV Data for staff disciplinary purposes, the images will be kept until the process is completed. In all other cases, recorded images will be kept for no longer than 30 days before being overwritten and permanently deleted.

8.2: At the end of its useful life and in any event within 7 years all Data stored in whatever format will be erased permanently and securely. Any physical matter such as tapes or discs or hard copy photographs will be promptly disposed of as confidential waste.


9 Ongoing review of our use of CCTV

9.1: We will periodically review our ongoing use of existing CCTV at our Site to ensure that its use remains necessary and appropriate and in compliance with Data Protection Laws.

9.2: We will also carry out checks to ensure that this policy is being followed by all staff.


10. Rights of Data Subjects

10.1 As CCTV Data will identify individuals, it will be considered Personal Data under applicable Data Protection Laws. Under Data Protection Laws, Data Subjects have certain rights in relation to the Personal Data concerning them. These are as follows:

(a) the right to access a copy of that Personal Data and the following information (this may include CCTV Data captured by our CCTV):

(i) the purpose of the processing;

(ii) the types of Personal Data concerned;

(iii) to whom the Personal Data has or will be disclosed; and

(iv) the envisaged period that the Personal Data will be stored, or if not possible, the criteria used to decide that period;

(b) the right to request any inaccurate Personal Data that we hold concerning them is rectified, this includes having incomplete Personal Data completed;

(c) the right to request the Personal Data we hold concerning them is erased without undue delay, where it is no longer necessary for us to retain it in relation to the purposes it was collected;

(d) the right to request restriction of our processing of Personal Data in certain circumstances; and

(e) the right to lodge a complaint with the Information Commissioner’s Office, if the Data Subject considers that our processing of the Personal Data relating to him or her infringes Data Protection Laws.


11. SERVICE PROVIDERS

11.1 In order to operate CCTV across our Site we appoint service providers to provide us with maintenance services related to that CCTV. Such service providers act only on our instructions and on our behalf for the purposes listed in section 4.1 above. We require these service providers by contract to safeguard the privacy and security of Personal Data they process on our behalf.


12. Requests of disclosure by third parties

12.1: No images from our CCTV cameras will be disclosed to any third party (other than our third-party CCTV service providers Google), without express permission being given by the Directors. Data will only be disclosed to a third party in accordance with Data Protection Laws.

12.2: In other appropriate circumstances, we may allow law enforcement agencies to view or remove CCTV footage where this is required in the detection or prosecution of crime.


13. Complaints

13.1: If any member of staff has questions about this policy or any concerns about our use of CCTV, then they should speak to Ruari Lambert in the first instance.


13.2: Where this is not appropriate or matters cannot be resolved informally, employees should use our formal grievance procedure. If you are not an employee, you can use our official complaints procedure.


Schedule 1 – Sites


CAMERA NO. CAMERA LOCATION

1 Above Main Entrance

2 Above End Window