Privacy Notice - Substation Macclesfield Ltd.

 

Scope

All data subjects whose personal data is collected, is in line with the GDPR.

Responsibilities

The Data Protection Officer (DPO) is responsible for ensuring that this notice is made available to all customers prior to the collection of their personal data.

All employees of Substation Macclesfield Limited that interact with data subjects are responsible for ensuring that this notice is drawn to the data subject’s attention and their consent to the processing of their data is secured.

Privacy Notice

Who are we?

Substation Macclesfield Limited is a Macclesfield based company that provides a state-of-the-art bouldering and yoga centre. We aim to provide the best for our customers in terms of experience whilst maintaining our environmentally conscious ethos and giving back to the community in various ways.

Our Data Protection Officer and protection representatives can be contacted directly here: 01625 440 144

The Personal Data we would like to process on your behalf is:

 

Personal Data Types

Type: Type of Data Being Taken

Source: (Where Substation Macclesfield Limited obtains the personal data from)

All Customers

Source: Provided by the customer when registering to use Substation Macclesfield Limited operated centre, via a digital registration form

Data Type:

First Name*

Middle Name*

Last Name*

Phone Numbers*

Date of Birth*

Date of Birth*

Emergency Contact Name*

Emergency Contact Phone Number*

Signatures & Initials On Waiver*

E-mail Address*

Relevant Medical Conditions*

Medicines Taken*

Photographs (Unsupervised 14+ Year Olds)*

 

Under 18 Year Olds

Source: Provided by the customer when registering to use Substation Macclesfield Limited operated centre, via a digital registration form.

Data Type:

Parent/Guardian Name*

Parent/Guardian Phone Number*

Dietary Requirements**

Visit Log Including Dates & Times**

 

*These details are for system functionality

** Some information is required when partaking in other offerings for Substation. 

The personal data that we collect, depending on the role, will be used for the following purposes:

Registration at the Centre
Identification of the Customer upon visiting the centre.
Contacting participants in regard to bookings made at Substation, Macclesfield.
Contacting named emergency contacts in the event of an emergency
Marketing from Substation Macclesfield Limited (where permission has been given)
Emergency Evacuation
Verifying identity for payments processed by Stripe (www.stripe.com) on our behalf. This happens once permission has been given by the customer.

Our legal basis for processing data for the personal data (Article 6(1b));

Processing is necessary for the performance of a contract to which the customer has agreed when registering to climb at the centre.
We are required to collect the information in the form of a waiver showing consent and understanding before allowing anyone to participate in activities in the centre.
Article 6(1f) – Necessary for the purposes of the legitimate interests pursued by the controller.
The regulatory reform (Fire Safety) Order 2005 England and Wales – Requires an emergency evacuation plan that includes ensuring all those on site are safe and accounted for.

 

Consent

You are giving Substation Macclesfield Ltd permission to process the personal data supplied specifically for the purposes identified. Substation Maccelsfield Limited collects data under the terms identified in Article 6 ‘Lawfulness of processing’ of the General Data Protection Regulation.

Where consent is required for Substation Macclesfield Ltd to process personal data, it must be explicitly given.

You may withdraw consent at any time by contacting the Data Protection Officer at Substation Macclesfield Limited using the contact details provided above.

 

Disclosure

Substation Macclesfield Ltd will not release the information to any third party unless the request is subject to legal obligation without obtaining express written authority of the partner who provided the information.

 

Retention Period

We retain your personal information for as long as necessary to provide the services you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes and enforcing our policies.

 

For more information on storage and processing security, please contact Substation Macclesfield Ltd. using the details provided above.

 

Your Rights as a Data Subject

At any point while we are in possession of or processing of your personal data, you, the data subject have the following rights:

Right of Access – You have the right to request a copy of the personal data we hold about you
Right of Rectification – You have a right to correct data that we hold about you that is inaccurate or incomplete
Right to be Forgotten – in certain circumstances you can request that all the data we hold about you is erased from our records.
Right to Restriction of Processing – where certain conditions apply you have the right to restrict the processing of the data.
Right of portability – You have the right to have the data we hold about you transferred to another organisation.
Right to object – You have the right to object to certain types of processing such as direct marketing.
Right to object to automatic processing, including profiling – You also have the right to object to the automated processing or profiling of your data.
Right to judicial review: if Substation Macclesfield Ltd refuse your request under rights of access, we will provide you with a reason why. You have the right to complain as outlined in clause 3.6 below.

All of the above requests will be dealt in line with Substation Macclesfield Limited’s Subject Access Procedure and will be shared with the customer should a request come directly from a data subject.

 

How Do We Protect Your Personal Information?

We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and encryptions

Substation Macclesfield Ltd is committed to keeping your personal data safe and secure and we have appropriate and proportionate security policies and organisational and technical measures in place to protect your information.

Your personal information is only accessible by appropriately trained staff, volunteers and contractors and stored on Rock Gym Pro’s database. This information is only available to Substation Macclesfield Limited.

 

Third Parties

We use several third parties to process and administer customer information. We only use companies who show full compliancy to the GDPR legislation.

 

Source - What We Use Them For - GDPR Compliant

Rock Gym Pro - Entry system and storage on US servers - Yes, US Privacy Shield

Stripe - Online and RGPro Connect Booking as well as e-billing monthly payments - Yes, US Privacy Shields

Sendgrid - Automated E-mails from Rock Gym Pro - Yes, US Privacy Shield

MailChimp - Marketing (with permission) about upcoming events, products - Yes, US Privacy Shield

Outlook - @substation.co.uk e-mail addresses for company use - Yes, US Privacy Shield

Worldpay - PDQ terminal transactions within the centre - Yes, US Privacy Shield

 

Cookies

Information Collected Automatically

We currently do not collect any data as an automatic function, although in future this may become something that we do.

Complaints

If you wish to make a complaint about how your data is being processed by Substation Macclesfield Limited, or about how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and schools/organisation’s data protection representatives.

The details for each of these contacts are as follows:

Supervisory authority contact details 
Contact Name: Information Commissioners Office 
Address line 1: Wycliffe House  
Address line 2: Water Lane 
Address line 3: Wilmslow
Address line 4: Cheshire
Address line 5: SK9 5A 
Email: registration@ico.org.uk 
Telephone: 0303 123 1113 

 

Data Protection Officer contact details:
Substation Macclesfield Limited.
Substation Climb And Yoga Centre
Unit B
Queen's Court,
Queen's Avenue
Macclesfield
Cheshire
SK10 2BN
dom@substation.co.uk
01625 440 144

 

Document Owner And Approval

The Data Protection Officer is the owner of this document and is responsible for ensuring that this record is reviewed in line with the requirements of GDPR

Signature: Alistair Pow     Date: 04/10/21

 

Change History Record

1. Initial Issue - Approval by Dominic Pearce - Date of Issue 11/06/19

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Review Substation Macclesfield Ltd. Privacy Policy

EFT Contract – 12 month Contract

 

Terms & Conditions

 

1. Introduction

1.1 Your agreement is with Substation Macclesfield Limited (Substation), a company registered in England & Wales (Company No. 11108992).

1.2 These terms and conditions form part of your agreement with Substation and replace any previous terms and conditions.

1.2.1 Your membership agreement with Substation refers to this completed and signed membership agreement form.

1.3 These documents together form a legal, binding agreement between yourself and Substation, so please read them carefully and understand them. If you have any questions, please ask a member of our team.

1.4 You must abide by the rules and regulations that apply here at Substation, Macclesfield

1.5 All the memberships at Substation are monthly subscription packages. In these terms and conditions, monthly means every calendar month. A full calendar month starts on the first day of the calendar month and finishes at the end of the last day of the calendar month. When we refer to month in these terms and conditions, we mean a full calendar month.

 

2.Starting your agreement

2.1 Your agreement commences as soon as you have paid the pro-rated dues.

2.1.1 Your pro-rated dues refer to an initial percentage rate covering you for access to the centre until the end of that calendar month.

2.1.2 Regardless of remaining days left as part of the current month, the pro-rated dues will be considered the first of the 12 monthly instalments of this contract.

2.2 As part of setting up your 12-month contract, you will be required to provide card details for storage in the computer system at Substation for use as part of the billing process.

2.3 Each subsequent month will be billed on the 4th of every month.

 

3.Types of membership

3.1 We offer various types of membership to persons aged 14 or over.

3.2 The facilities available to you, the amount you pay and the times when you can use the centre will depend on the type of membership you have chosen. The membership type you have selected will be shown on your membership agreement form.

3.3 We offer the following types of membership at Substation, Macclesfield

3.3.1 Climbing – this entitles you to unlimited use of the climbing area during our opening hours. The membership may be available as adult, concession or under 18.

3.3.2 Studio – this entitles you to an unlimited number of classes in the Substation studio time based on the fees outlined in section 6. The initial month’s classes will be calculated on a pro rata basis as per section 6.3.2.1. Certain workshops and special classes may be exempt from your membership.

  

 

4.Further Benefits & Perks

4.1 Certain membership subscription options offer some additional benefits.

4.1.1 Climbing – If you hold a climbing membership, you are also entitled to a discount of 25% on pay as you go studio classes. This can only be used for individual use and does not apply to anybody else other than the membership holder.

 

5. Your membership fees

5.1 The cost of your membership will depend on the type of membership and the membership commitment period you have chosen. (see section 6 below.)

5.2 We will set out all amounts that you need to pay for your membership on this agreement form.

5.3 If you are unsure about the fees and any additional charges that you are paying, please speak to a staff member in-centre.

5.4 During your membership you must pay your membership fees whether or not you make use of the centre or our facilities and services unless you have frozen your agreement in line with section 9.

5.5 You cannot cancel your EFT billing before your 12-month contract has ended. In such event, Substation may seek to recover outstanding monies through legal action.

 

6. Payment Options

6.1 For each of the payment options set out below, all the monthly fees and any additional charges could change in line with section 14.

6.2 As stated above all our agreements are monthly agreements. The monthly membership fee you pay will depend on the type of membership you choose along with the payment options you select and the minimum number of complete months you commit to being a member for.

6.3 The types of payment options we offer are as follows:

6.3.1 Climbing Membership

6.3.1.1 Adult (aged 18 – 64)– You will be subject to the initial pro-rated monthly payment plus a monthly payment of £45 per month for a period of 11-months. Once you have completed all 12 payments, your membership will continue on a monthly basis until we are notified that you wish to cancel.

6.3.1.2 Concession(65+)– You will be subject to the initial pro-rated monthly payment plus a monthly payment of £40 per month for a period of 11-months. Once you have completed all 12 monthly payments, your membership will continue on a monthly basis until we are notified that you wish to cancel.

6.3.1.3 Under 18 – You will be subject to the initial pro-rated monthly payment plus monthly payment of £40 per month for a period of 11-months. Once you have completed all 12 monthly payments, your membership will continue on a monthly basis until we are notified that you wish to cancel.

6.3.2 Studio Membership;

6.3.2.1 Studio Membership – You will be subject to the initial pro-rated monthly payment plus monthly payment of £50 for a period of 11 months which entitles you to unlimited classes. Once you have completed all 12 payments, your membership will continue on a monthly basis until we are notified that you wish to cancel.

 

7. Payment methods

7.1 Your monthly membership fee will be drawn in advance every month by EFT billing on the 4th day of every calendar month.

7.1.1 Any additional charges for the previous month will also be taken once the monthly payment has been taken.

7.2 cash or card payment is required if for any reason the payment is declined during the billing process.

 

 

8.Failing to pay

8.1 This section is about what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:

8.1.1 The card details you gave us for the EFT billing are wrong or no longer valid; or

8.1.2 There is not enough money available in your bank account;

8.2 If the debit card or credit card details you gave us for the EFT are wrong:

8.2.1 We will ask you to pay by cash, debit card or credit card and to give us your correct card details.

8.2.2 While you owe us payments you will not be allowed to enter or use any of our facilities at Substation, Macclesfield. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to

8.3 If there is not enough money available in your account:

8.3.1 We will ask you to pay by cash, debit card or credit card. If after the second month we have contacted you, you still owe us the payment, we will cancel your membership from the end of that month. Where an EFT payment has failed or been refused, we may attempt to obtain payment through the same EFT. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.

8.3.2 While you owe us payments you will not be allowed to enter or use any of our facilities. Once your payments are up to date you will be allowed to enter and use the centre. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.

8.4 If payment is still not received Substation may seek to recover outstanding monies through legal action or other means including third party companies.

 

9. Freezing your membership

9.1 You may temporarily freeze your membership for between one complete calendar month and 3 complete calendar months for the following reasons only. We may require you to produce proof which is satisfactory to us of any of these reasons that you are relying on to freeze your membership.

9.1.1 Pregnancy

9.1.2 Serious Illness

9.1.3 Serious Injury

9.2 If you want to freeze your membership, you can request us to do so via e-mail, telephone or in person. As long as we receive your request on or before the 15th day of the month, we can apply this from the first of the following month.

9.3 We will not charge your membership fees while your membership is frozen. If you have frozen your membership we will extend your membership period by the number of full calendar months your membership has been frozen for. If we increase our prices during the period when your membership is frozen, you will have to pay any new prices that apply to your membership type when your membership resumes.

 

10. Our right to cancel or freeze your membership

10.1 We may cancel your membership at any time by giving you one month’s notice in writing. In these circumstances, we will refund you the fee that you have paid for that month, and any fees you have paid for future months.

10.2 We may freeze your membership at any time (we will not charge you monthly membership fees while your membership is frozen) or cancel your membership without giving you notice, if:

10.2.1 We, in our professional opinion, consider that you are not medically or physically able to use our facilities safely, or;

10.2.2 You seriously or repeatedly break the conditions of your membership; or

10.2.3 You allow another person to use your membership card to gain access to any of our clubs (unless you have notified us in writing in advance that your membership card has been lost or stolen); or

10.2.4 If you and/or any of your guests use offensive, abusive or discriminatory language or use or threaten violent, offensive or intimidating behaviour or conduct at Substation, or if your behaviour or conduct does or, in our reasonable opinion may, put our employees and/or other members and/or guests at risk; or

10.2.5 You and/or any guest(s) do or attempt to provide, offer, engage in, advertise or promote, whether or not for payment or other reward, at Substation or other facilities any activities or services which do or may compete in any way with any activities or services provided, offered, engaged in, advertised or promoted by us or our authorised personnel, including but not limited to personal training or other training, coaching or instruction to any individual or group.

10.3 If we permanently close Substation we will, where possible, give you at least one full calendar month’s notice in writing. We will send this to the address you have given us.

10.4 If we receive official notice (for example, from the executors of your Will or from your bank) that you have died, we will immediately cancel your membership and refund any fees you have paid for the remaining membership commitment period.

 

11. Our Right to change your membership, these terms and conditions or the terms of use

11.1 We may, at any time, withdraw and/or substitute a type of membership or a payment option for new members or members who want to change, restart or renew their membership or payment option.

11.2 From time to time we may change our monthly membership fees. We will try not to change the fee more frequently than once in a calendar year, and to ensure that any change is reasonable, but we cannot guarantee this. We will tell you about any change that will apply to you, and will give you at least one full calendar month’s notice before the change comes into effect. Please see your payment options for details of how fee changes will affect you.

11.3 We may, without notice to you, make reasonable changes to these terms and conditions if the changes are for the benefit of the majority of our members.

 

12. Events Beyond Our Reasonable Control

12.1 If we cannot provide all the services and facilities at Substation for 30 consecutive days or more, or services and facilities are significantly reduced for 30 consecutive days or more, for reasons or events beyond our reasonable control, you or we can cancel your agreement immediately by written notice. By law, we do not have to pay you compensation in these circumstances.

12.2 Reasons or events beyond our reasonable control could include, for example, but are not limited to natural disasters, government actions, war, national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic and strikes or other labour disputes (not relating to our workforce).

  

13.Proof

13.1 We may need you to provide proof, which is satisfactory to us, of:

13.1.1 Your eligibility for a specific type of membership, either before your membership starts or at any time during your membership; or;

13.1.2 Your entitlement to cancel or freeze your membership; or

13.1.3 Any email you sent to confirm cancellation or the date you posted your cancellation notice, or both.

13.2 If you cannot provide satisfactory proof, for example you cannot prove the date of postage of your cancellation notice, we will not be able to cancel your membership and your membership may continue unless and until you do provide us with a proper and effective cancellation notice.

13.3 If you cannot provide satisfactory proof of your eligibility for a particular type of membership, we will automatically upgrade you to the full rate and inform you in writing in line with the direct debit guarantee.

13.4 We will require a photograph to be taken as proof of identity and to be held against your membership record to validate entry.

13.5 We will request photographic evidence at your time of joining, to validate your identity.

 

 

14. Liability

14.1 When we carry out any health assessments and exercise questionnaires we may identify possible problems with you taking part in exercise and recommend that you seek and obtain medical advice. We are not responsible if you ignore our recommendations and continue to exercise.

14.2 Substation cannot guarantee that all the facilities are available at all times due to maintenance issues and facility or equipment breakdowns or malfunctions. By law, we do not have to pay you compensation for any service, facility or equipment not being available (including, by way of example only and without limitation, for reasons of health and safety, or if the unavailability is for the benefit of our members generally) unless this was due to or caused by our negligence.

14.3 By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.

14.4 We will not pay you compensation if we have failed to carry out our duties due to:

14.4.1 Your own fault;

14.4.2 The fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or

14.4.3 Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.

14.5 We can make changes to the type of facilities we provide, and we will give you notice (where possible we will provide reasonable advance notice) of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.

14.6 You must make sure that you can do the exercise provided by any exercise programme you follow or any class you go to.

14.7 You should consult your doctor before you start any exercise, exercise programme or class you attend and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.

14.8 We cannot accept liability for theft or for loss or damage to you or your guest’s property in Substation or the car park unless that theft or loss or damage was caused by our negligence. It is your responsibility to ensure that your valuables are kept secure and that you use the lockers provided. Wherever possible, you should avoid bringing in valuables or large amounts of cash into the club.

14.9 Nothing in these terms and conditions excludes or limits our liability for:

14.9.1 Death or personal injury caused by our negligence or that of our staff; or

14.9.2 Fraud or fraudulent misrepresentation; or

14.9.3 Any other liability which we cannot by law exclude or limit.

 

 

15. Data Protection

15.1 Your membership with us is governed by the laws of England and Wales and, if you live in Scotland, by the laws of Scotland.

15.2 We will only process personal information you give us in accordance with the applicable data protection laws and the Substation Privacy Policy. You can see our full privacy policy on our website at www.substation.co.uk/privacy-policy. This includes information on how we protect your information, who we are allowed to give it to and how to exercise any of your rights in relation to it. 

15.3 We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme or treatment. By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff.

15.4 It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.

 

 

16. Choice Of Law

16.1 Your membership with us is governed by the laws of England and Wales or, if you live in Scotland, by the laws of Scotland. You agree that all disputes relating to your membership and or our agreement with you which we are unable to resolve between us will be subject to the non-exclusive jurisdiction of the English and Welsh courts or, if you live in Scotland, the Scottish courts.

 

These terms & conditions were last updated in October 2021.

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First Adult Contract Holder Name

First Name*

Middle Name

Last Name*

Phone*
First Adult Contract Holder Date of Birth*
First Adult Contract Holder Signature*
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*
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Guarantor Declaration

If you are signing this form on behalf of a minor, please could you provide the minor's name.
How did you hear about Substation?
Please select one option from the list below:*
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*

Middle Name

Last Name*

Relationship*

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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