The Nest Climbing ltd. (trading as The Nest Climbing) (the “Wall”, “we”, “us”) (registered company number 10167827) is committed to protecting your privacy. At all times we aim to respect any personal information you share with us, or that we receive from others, and keep it safe. This Privacy Notice (“Notice”) sets out our data processing practices and your rights and options regarding the ways in which your personal information is used and collected (including through our website – www.thenestclimbing.co.uk).

This Notice contains important information about your personal rights to privacy. Please read it carefully to understand how we use your personal information.

The provision of your personal information to is voluntary. However, without providing us with your personal information, your use of our services or your interaction with us many be impaired. For example, you may be unable to sign up as a member or make an online booking.

 Contents of this policy:

1) How we collect personal information about you.

2) What personal information do we use?

3) How and why will we use your personal information?

4) Lawful bases.

5) Communications for marketing/fundraising.

6) Children’s personal information.

7) How long do we keep your personal information?

8) Will we share your personal information?

9) Security/storage of and access to your personal information.

10) International Data Transfers.

11) Exercising your Rights.

12) Changes to this Notice.

13) Links and third parties.

14) How to contact us.

1. How we collect personal information about you:

a) when you give it to us directly

For example, personal information that you submit through our website such as pre-registering on our database; or via our tablets at reception; or by making a booking to use our facilities; or signing up for our email newsletter; or personal information that you give to us when you communicate with us by email, phone or letter.

b) When we obtain it indirectly          

For example, your personal information may be shared with us by third parties including third party service providers; analytics providers and search information providers. To the extent we have not done so already, we will notify you when we receive personal information about you from then and tell you how and why we intend to use that personal information.

c) When it is available publicly

Your personal information may be available to us from external publicly available sources. For example, depending on your privacy settings for social media services, we may access information form those accounts or services (for example when you choose to interact with us via Facebook, Instagram, Twitter and Google).

d) When you visit our website

When you visit our website, we automatically collect the following types of personal information:

i) Technical information, including the internet protocol (IP) address used to connect your device to the internet, browser type and version, time zone setting, browser plug-in types and versions and operating systems and platforms.

ii) Information about your visit to the websites, including the uniform resource locator (URL) clickstream to, through and from the website (including date and time), services you viewed or searched for, page response times, download errors, lengths of visits to certain pages, referral sources, page interaction information (such as scrolling and clicks) and methods used to browse away from the page.

iii) We collect and use your personal information by using cookies on our website – please see our Cookie Notice on our website.

In general, we may combine your personal information from these different sources set out in a-d above, for the purposes set out in this Notice.

2. What personal information do we use?

We may collect, store and otherwise process the following kinds of personal information:

i.            Your name and contact details including postal address, telephone number, email address, emergency contact details and, where applicable, social media identity;

ii.           Your date of birth and gender;

iii.          Your financial information, such as bank details and/or credit/debit card details,

iv.          Information about your computer/mobile device and your visits to and use of this website including, for example, your IP address and geographical location;

v.           Personal descriptions and photographs;

vi.          Details of your qualifications/experience;

vii.         CCTV recordings;

viii.        Information relating to medical emergencies or accidents on our premises;

ix.          Medical information shared by you where you feel is important for us to know about a certain medical condition when you are using our centres

And/or any other personal information which we obtain as per paragraph 1.

Do we process special categories of data?

The EU General Data Protection Regulation (“GDPR”) recognises certain categories of personal information as sensitive and therefore requiring more protection, for example information about your health, ethnicity and religious beliefs.

In certain situations, we may collect and/or use these special categories of data (for example, information on climbers’ medical conditions relevant to their use of our facilities). We will only process these special categories of data if there is a valid reason for doing so and where the GDPR allows us to do so.

3. How and why will we use your personal information?

Your personal information, however provided to us, will be used for the purposes specified in this Notice. In particular, we may use your personal information:

a)      to register you as a member of the Wall;

b)      to allow you to make a booking to use our facilities;

c)      to otherwise provide you with services, products or information you have requested;

d)      to provide further information about our work, services or activities (where necessary, only where you have provided your consent to receive such information);

e)      to assist you with certification schemes, such as NICAS;

f)       to answer your questions/requests and communicate with you in general;

g)      to allow you to apply for a job or volunteer role with us;

h)      to manage relationships with our partners and service provider;

i)        to analyse and improve our work, services, activities, products or information (including our website), or for our internal records;

j)        to keep our facilities safe and secure;

k)      to run/administer the activities of the Wall, including our website, and ensure that content is presented in the most effective manner for you and your device;

l)        to audit and/or administer our accounts;

m)    to satisfy legal obligations which are binding on us, for example in relation to regulatory, government and/or law enforcement bodies with whom we may work (for example requirements relating to the payment of tax or anti-money laundering);

n)      to keep our facilities safe and secure;

o)      for the prevention of fraud or misuse of services; and/or

p)      for the establishment, defence and/or enforcement of legal claims

4. Lawful Bases

The GDPR requires us to rely on one or more lawful bases to use your personal information. We consider the grounds listed below to be relevant.

a)      Where you have provided your consent for us to use your personal information in a certain way (for example, we may ask for your consent to use your personal information to send you email newsletters, or to collect special categories of your personal information. Special categories of personal information are explained in paragraph 2 above).

b)      Where necessary so that we can comply with a legal obligation to which we are subject (for example, where we are obliged to share your personal information with regulatory bodes which govern our work and services).

c)      Where necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering a contract (for example, to provide you access to our facilities in return for your booking fee).

d)      Where it is in your/someone else’s vital interests (for example, in case of medical emergency suffered by a climber).

e)      Where there is a legitimate interest in us doing so.

The GDPR allows us to collect and process your personal information if it is reasonably necessary to achieve our or others’ legitimate interests (as long as that processing is fair, balanced and does not unduly impact your rights as an individual).

In broad terms, our “legitimate interests” means the interests of running of the Wall as a commercial entity and ensuring the best possible user experience.      

When we process your personal information to achieve such legitimate interests, we consider and balance any potential impact on you (both positive and negative), and on your rights under data protection laws. We will not use your personal information for activities where our interests are overridden by the impact on you, for example where use would be excessively intrusive (unless, for instance, we are otherwise required or permitted to by law).

5. Communications for marketing/promotional purposes

We may use your contact details to provide you with information about our work, events, services and/or activities which we consider may be of interest to you (for example, about services you previously used, or events involving our, or other walls’, facilities).

Where we do this via email, SMS or telephone (where you are registered with the Telephone Preference Service), we will not do so without your prior consent (unless allowed to do so via applicable law).

Where you have provided us with your consent previously but do not wish to be contacted by us about our work, events, services and/or activities in the future, please let us know by email at enquiries@thenestclimbing.co.uk. You can opt out of receiving emails from the Wall at any time by clicking the “unsubscribe” link at the bottom of our emails.

6. Children’s personal information

When we process children’s personal information, where required we will not do so without their consent or, where required, the consent of a parent/guardian. We will always have in place appropriate safeguards to ensure that children’s personal information is handled with due care.

7. How long do we keep your personal information?

In general, unless still required in connection with the purpose(s) for which it was collected and/or processed, we remove your personal information from out records six years after the date it was collected; or six years after a junior (Under 18 years of age when registered) turns 18.

However, if before that date (i) your personal information is no longer required in connection with such purpose(s), (ii) we are no longer lawfully entitled to process it or (iii) you validly exercise your right of erasure (please see section 11 below), we will remove it from our records at the relevant time.

If you request to receive no further contact from us, we may keep some basic information about you on our suppression list in order to comply with your request and avoid sending you unwanted materials in the future.

8. Will we share your personal information?

We do not share, sell or rent your personal information to third parties for marketing purposes. However, in general we may disclose your personal information to selected third parties in order to achieve the purposes set out in this Notice.

These parties may include (but are not limited to):

a)      local government agencies;

b)      funding bodies such as Sport England and NGB;

c)      awarding bodies such as Mountain Training;

d)      healthcare professionals;

e)      providers of kit and equipment;

f)       suppliers and sub-contractors for the performance of any contract we enter into with them, for example IT service providers such as website hosts or could storage providers;

g)      professional services providers such as accountants and lawyers;

h)      parties assisting us with research to monitor the impact/effectiveness of our work, events, services and activities; and

i)       regulatory authorities, such as tax authorities;

In particular, we reserve the right to disclose your personal information to third parties:

i)       in the event that we sell or buy any business or assets, in which case we will disclose your personal information to the (prospective) seller or buyer of such business or assets;

ii)      if substantially all of our assets are acquired by a third party, personal information held by us may be one of the transferred assets;

iii)     if we are under any legal or regulatory duty to do so; and/or

iv)     to protect the rights, property or safety of the Wall, its personnel, users, visitors or others.

9. Security/storage of access to your personal information

The wall is committed to keeping your personal information safe and secure and we have appropriate and proportionate security policies and organisational technical measures in place to help protect your information.

Your personal information is only accessible by appropriately trained staff, volunteers and contractors, and stored on secure servers which have features to prevent unauthorised access.

10. International Data Transfers

Given that we are a UK-based organisation we will normally only transfer your personal information within the European Economic Area (“EEA”), where all countries have the same level of data protection las as under the GDPR.

However, because we may sometimes use agencies and/or suppliers to process personal information on our behalf, it is possible that personal information we collect from you will be transferred to and stored in a location outside the EEA, for example the United States.

Please note that some countries outside of the EEA have a lower standard of protection for personal information, including lower security requirements and fewer rights for individuals. Where your personal information is transferred, stored and/or otherwise processed outside the EEA in a country that does not offer an equivalent standard of protection to the EEA, we will take all reasonable steps necessary to ensure that the recipient implements appropriate safeguards (such as by entering into standard contractual clauses which have been approved by the European Commission) designed to protect your personal information and to ensure that your personal information is treated securely and in accordance with this Notice. If you have any questions about the transfer of your personal information, please contact us using the details below.

Unfortunately, no transmission of your personal information over the internet can be guaranteed to be 100% secure – however, once we have received your personal information, we will use strict procedures and security features to try and prevent unauthorised access.

11.Excercising your Rights

Where we rely on your consent to use your personal information, you have the right to withdraw that consent at any time. This includes the right to ask us to stop using your personal information for marketing or fundraising purposes or to unsubscribe from our email list at any time. You also have the following rights:

1)      Right of access – you can write to us to ask for confirmation of what personal information we hold on you and to request a copy of that personal information.  Provided we are satisfied that you are entitled to see the personal information requested and we have successfully confirmed your identity, we will provide you with your personal information subject to any exemptions that apply.

2)     Right of erasure – at your requests we will delete your personal information from our records as far as we are required to do so. In many cases we would propose to suppress further communications with you, rather than delete it.

3)     Right of rectification – if you believe our records of your personal information are inaccurate, you have the right to ask for those records to be updated. You can also ask us to check the personal information we hold about you if you are unsure whether it is accurate/up to date.

4)     Right to restrict processing – you have the right to ask for processing of your personal information to be restricted if there is disagreement about its accuracy or legitimate usage.

5)     Right to object – you have the right to object to processing where we are a) processing your personal information on the basis of the legitimate interest basis (see paragraph 4), b) using your personal information for direct marketing or c) using your information for statistical purposes.

6)     Right to data portability – to the extent required by the GDPR, where we are processing your personal information (that you have provided to us) either a) by relying on your consent or b) because such processing is necessary for the performance of the contract to which you are party or to take steps at your request prior to entering into a contact, and in either case we are processing using automated means (i.e. with no human involvement), you may ask us to provide the personal information to you – or another service provider – in a machine-readable format.

7)     Rights related to automated decision – you have the right not top be subject to a decision based solely on automated processing of your personal information which produces legal or similarly significant effects on you, unless such a decision a) is necessary to enter into/perform a contract between you and us/another organisation; b) is authorised by EU or Member State law to which the Wall is subject (as long as that law offers you sufficient protection); or c) is based on your explicit consent.

Please note that some of these rights only apply in limited circumstances. For more information, we suggest that you contact us using the details in paragraph 14 below.

We encourage you to raise any concerns or complaints you have about the way we use your personal information by contacting us using the details provided in paragraph 14 below. You are further entitled to make a complaint to the Information Commissioner’s Office – www.ico.org.uk. For further information on how to exercise this right, please contact us using the details below.

12. Changes to this Notice

We may update this Notice from time to time. We will notify you of significant changes by contacting you directly where reasonably possible for us to do so and by placing an update on our website. You are advised to review this Privacy Policy periodically for any changes. This Notice was last updated on 07/08/2018.

13. Links and third parties

We link our website directly to other sites. This Notice does not cover external websites we are not responsible for the privacy practices or content of those sites. We encourage you to read the privacy policies of any external websites you visit via links on our website.

14. How to contact us

Please let us know if you have any questions or concerns about this Notice or about the way in which the Wall processes your personal information by contacting us at the channels below.

Email: enquiries@thenestclimbing.co.uk

Telephone: 02039903449

Post: The Nest Climbing, 1-7 Material Walk, Blyth Road, Hayes, London UB3 1DP

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Terms & Policies

Please ensure you read this agreement carefully before signing.

This document covers the climbing wall, gym and fitness studio. As all three areas are contained within the same facility the full document must be read, understood and agreed to by all users before participation in any activity.

Once this form has been completed, please head to the front desk (if completed on site) or notify a staff member on arrival at The Nest Climbing (if completed online).

 

Climbing Participation Statement

“The British Mountaineering Council recognises that climbing (including bouldering) is an activity with a danger of personal injury or death. Participants in these activities should also be aware of and accept these risks and be responsible for their own actions and involvement."

 

1.1 Risks

Although the indoor climbing centre is an artificial environment these risks are no less than when climbing outside. Participation or observation of climbing activities involve risks which can include, but are not limited to:

·        Injuries from falling from height and coming into contact with; the floor, climbing surfaces, other users and permanent or temporary structures.

·        Broken and sprained limbs are common in this type of climbing wall despite the soft landing.

·        Misuse or failure of equipment or any part of the facility including but not limited to spinning or breaking holds. Loose or damaged holds must be reported to reception straight away.

·        Failure to follow the Nest Climbing Centre’s rules and conditions of use, as outlined in sections 1.2 and 1.3

·        Further risks involved with the facility and participation of activities that include, but are not limited to, the use of training equipment or participation in group classes.

·        You must make your own assessment of the risks whenever you climb.

 

1.2 Conditions of use

Our duty of care – The risks and rules of the climbing centre set out in sections 1.1 and 1.3 are not intended to limit your enjoyment of the facility. They are part of our duty of care that we as operators owe you, the customer, by law. As such they are not negotiable and if you are not prepared to abide by them you will be asked to leave.

Your duty of care – You also have a duty of care to act responsibly towards the other users of the centre. Statements of Good Practice are posted around the centre adjacent to the relevant facilities. These describe the accepted methods of use and how customers would usually be expected to behave.

Unsupervised bouldering – Before you engage in any climbing activity without supervision, we expect you to be competent in the activity you wish to undertake. Unsupervised climbing is just that! If you are not confident in the use of any wall, climbing equipment or technique, then do not attempt to use it without the supervision of someone who is competent to do so.

Supervised climbing – An adult who has registered for “Unsupervised Climbing” may supervise up to 2 novices for the activities which they have been registered. Staff may provide help and advice; however, this does not constitute instruction or supervision. The supervisor must be an experienced climber who has climbed before and is able to competently answer our safety questions correctly. Groups of three or more novices must only be supervised by an instructor holding relevant qualification and insurance, and who has registered as an “instructor”. Novices must remain with their supervisor at all times whilst within climbing areas.

Children – All children in the centre (even when not climbing) must be supervised by an adult deemed competent in the activity they are engaging in (with the exception of experienced children who have passed the U18 sign off assessment). In addition to the obvious risk of climbing, children on the ground are at particular risk of being seriously injured by falling climbers. Please advise staff if you think children are not properly supervised.

Personal property – The Nest Climbing Centre accepts no responsibility for any loss or damage to customer’s property whether in lockers or not.

 

1.3 The Rules

General Safety

·        Check in at reception each time you visit the centre.

·        You must exercise care, common sense and self-preservation at all times.

·        Report any problems with the walls, equipment, holds or other climbers’ behaviour to a member of staff immediately.

·        Be aware of the other climbers around you and how your actions will affect them. Avoid distracting people while they are climbing or supervising.

·        Stand well back from the climbing walls when not climbing.

·        Never stand directly underneath someone who is climbing or obstructing the landing zone below them.

·        The soft matting under the boulder walls does not make the activity safe and climbing beyond your capabilities is likely to result in a fall.

·        Ensure the climbing area and your persons are free from hazardous items.

·        Additional care must be taken when climbing above large volumes.

·        Always climbing within your capabilities; descending by down climbing until close to the mats is strongly recommended. Should that not be possible, then at the very least use a controlled fall.

·        Never climb directly above or below another climber.

·        Harnesses and other rope related equipment, must not be worn in the bouldering area.

·        Topping out (climbing onto the top of the climbing wall) is NOT allowed anywhere in the centre.

·        Children under the age of 7 must be supervised on a ratio of 1:1.

 

Please initial below to indicate that you have read, understood and agree to the sections 1.1,1.2 & 1.3


October 29, 2024


1.4 Gym Areas and Fitness Studio

I hereby acknowledge that use of the gym facilities, and equipment, participation in the classes, and in the training provided at The Nest Climbing exposes the user to inherent risks which can include accidents, falls, illness, injury or even death.

I understand the Gym Areas should only be entered by those who have been signed off to use the gym..

I confirm I, or any person I am signing on behalf of, will adhere to the Gym Conditions of Use as displayed on posters around the facility.

Please initial below to indicate that you have read, understood and agree to section 1.4.


October 29, 2024


1.5 Declarations

Declaration of Fitness

I confirm to the best of my knowledge neither I, nor any person(s) I am signing on behalf of, suffer from a medical condition that could increase the risk of an accident occurring which could result in injury to myself, them or others. I acknowledge my responsibility in communicating to a staff member prior to activity commencing, any physical and/or mental concerns affecting me, or any person(s) I am signing on behalf of, which could conflict with participation in the chosen activity/activities.

Declaration of Fact

I confirm that all the information supplied on this registration form is correct and if any information changes I will notify the centre.

Release of Liability

I agree that neither The Nest Climbing nor any of its employees shall be liable for any loss, damage or injury in any way connected to my participation, and that any person(s) I am signing on behalf of, in activities indoors or outdoors except where gross negligence or internal misconduct can be proven.

I authorise The Nest Climbing employees to provide or obtain medical care without liability, for me or any person(s) I am signing on behalf of, and if required, to arrange transport for me or them to a medical facility.

I am aware that The Nest Climbing has CCTV running through the centre to ensure the safety of its users.

Please initial below to indicate that you have read, understood and accept the terms in section 1.5:

 


October 29, 2024


Gym Induction

PLEASE READ AND COMPLETE EVEN IF NOT USING THE GYM AREA

Our Gym Induction is carefully designed to ensure that the individual is made aware of the facilities and equipment on offer and in particular is given advice in the safe use of our facilities and equipment. We strongly recommend each gym user to undergo our induction training. After completing this waiver you will be offered a Gym Induction, please confirm whether you will be undertaking a Gym Induction below.

I confirm I understand the importance of a Gym Induction in ensuring safe use of the facilities on offer, and either: (PLEASE SELECT ONE BELOW)

(a) I, or any person I am signing on behalf of, will not be entering or using the gym area, so do not require a Gym Induction. Should I, or any person I am signing on behalf of, wish to use or enter the Gym areas in future, I shall speak to staff.

or:

(b) I will be completing the Gym Induction offered to me before using the gym equipment.

or:

(c) I have made an informed decision not to undertake the Gym Induction as a confident and experienced gym user. In these circumstances The Nest Climbing will allow you to use the facilities, provided that you seek advice from a member of staff if you are in any way unfamiliar with a particular piece of equipment or type of exercise.



Option (a) - not using gym
Option (b) - require gym induction
Option (c) - don't require gym induction
First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
How did you hear about us?
Let us know!*

Other- please let us know!
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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