LEGAL NOTICES
PRIVACY & COOKIE POLICY
Introduction and Privacy Notice
This document sets out how your personal information is used by Barry Stephen Personal Training in accordance with GDPR and the Data Protection act 2018.
This privacy notice lets you know how we handle your personal information and tells you about your privacy rights and how the law protects you.
Our Privacy Promise:
- To collect only the personal data, we require for the purpose set out
- Not to sell your personal data
- To keep your personal data secure
- To provide ways to review and manage any marketing choices applicable
Please read this Privacy Notice carefully
Company Business
We are Barry Stephen Personal Training and we operate from the following premises 41 Ann Street, Aberdeen, AB253LH
For the purposes of data protection legislation, we are the Data Controller of your personal data. We are registered with the Information Commissioners Office (ICO) in the United Kingdom with reference number 00010213296.
When you use our services, you will share personal information with us. We want to be upfront and transparent about the personal data we collect, how we use it, who we share it with and the choices you have to manage, control and update your information.
Lawful Basis for Processing
In addition to our Privacy Promise, your personal data privacy is protected by law. Data Protection law states that we may only use your personal information where we have a proper reason to do so.
To process your personal data, the lawful basis we reply upon is:
- To fulfil a contract, we have with you
- When we are legally obligated
- When you consent to it
- When it is in your legitimate interest
- When it is in your vital interest
A legitimate interest occurs when we have a business or commercial purpose for using your personal data. This must not however, go against your own rights and interests. Where we rely on legitimate interest as a lawful basis for processing your personal data we will inform you.
How we use your Personal Information
Your personal data is collected via our Website and may also apply to such information collected when completing a ParQ form, Nutritional questionnaire Member Induction form and Signed Terms and conditions.
We use your personal data in different ways. The table below provides information of the category of personal information collected, the purpose of its collection and the legal basis upon which it is processed.
| Category of Personal Data | Purpose for Processing | Lawful Basis for Processing |
|---|---|---|
| Name and contact details | Contact you with session Information and planning our services. | Performance of a Contract |
| N/A | Send you information by email/message. | N/A |
| N/A | Fraud prevention/detection. | Legal obligation |
| Photos and videos | Social Media/website/advertising | N/A |
We only collect the personal data required for the stated purpose. If use of your data is required for an additional purpose over and above the stated purpose, you will be contacted for consent.
Special Categories of Personal Data
Special categories of data are sensitive personal data. We process the following Special Categories of Personal data as indicated below:
| Category of Personal Data | Purpose for Processing | Lawful Basis for Processing |
|---|---|---|
| Health (ParQ) | Insurance cover and the interest of the client in case of an emergency. | Vital interest/legal obligation |
Protection of Personal Data
Protection of your personal data is important to us. We take the appropriate technical and organisational measures to keep data secure. These measures are put in place to prevent any accidental loss, alteration, disclosure, use or access in an unauthorised manner of your personal data.
Procedures are in place to identify and address any personal data breach. This includes obligates to inform you and the Supervisory Authority (Information Commissioners Office (ICO) in the UK) of any breach where applicable.
Retention Period for Personal Data
We will retain your personal data only for as long as is necessary to fulfil the stated purpose(s) and if reasonably necessary or required to comply with legal or regulatory requirements.
We are required under UK tax law to keep your basic personal data (name, address, contact details) for a minimum of 5 years after which time it will be destroyed. Your information we use for marketing purposes will be kept with us until you notify us that you no longer wish to receive this information.
If we wish to retain your personal data for longer than the above stated period(s), we will write to you setting out our reason(s) for extending the retention period(s) and seek your consent to do so for an additional stated fixed period.
People who use our services
We offer various services to our members. We have to hold the details of the people who have requested our services, such as a gym membership, in order to provide it to them. However, we only use these details to provide the service the person has requested and for other closely related purposes. When people do subscribe to our services, they can cancel their subscription within the individual terms of their contract and are given an easy way of doing this.
People who email us
Any email sent to us, including any attachments, may be monitored and used by us for reasons of security and for monitoring compliance with office policy. Email monitoring or blocking software may also be used. Please be aware that you have a responsibility to ensure that any email you send to us is within the bounds of the law.
Sharing of Data
Your personal data is strictly confidential. Barry Stephen Personal Training may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising & marketing. The providers of such services do have access to certain personal data provided by users of this web site.
We do not transfer your personal data out with the EEA
Marketing
We may use your personal data to inform you about products, services and any offers that are relevant. This is what ‘marketing’ means.
The personal data we hold on you is collected from yourself. This information is used to determine the products, services and offers we consider will be relevant to you.
We can only send you marketing messages when we have:
- Received consent from you
- A legitimate interest’ (which must not be unfair to you)
Subscribers to our email newsletter have the right to opt out of our communication at any time. This can be done by e-mailing personaltraining@barrystephen.com or an unsubscribe link can be found at the bottom of every email you receive.
Copyright
Barry Stephen Personal Training reserves all copyright which may subsist in the products of, or in connection with, the provision of all activities, services or facilities. Barry Stephen Personal Training reserves the right to take such actions as it deems appropriate or necessary to restrain or prevent infringement of such copyright.
Law & Jurisdiction
These terms & conditions shall be governed & construed in accordance with Scottish law, & the parties shall submit to the non-exclusive jurisdiction of the Scottish Courts.
Your Rights
Access
You have the right to access the personal data we hold on you. This is known as a Subject Access Request. This should be requested using the following link Click here
Rectification
You have the right to rectify any personal information we hold on you. A request for rectification enables you to have any outdated, inaccurate or incomplete information held on you to be rectified. To allow us to keep this information accurate, there is also have an obligation on you to inform us of any changes to personal information to keep it up-to-date. Click here
Erasure
You have the right to have personal information held on you erased in certain circumstances. This enables you to request the erasure of this data. This right is not absolute. Personal data that is required to be retained to comply with legal or regulatory obligations will not be eligible for erasure. Click here
Restriction
You have the right to have the processing of your personal data restricted in certain circumstances. This enables you to request the restriction of this processing data processing, but this right is not absolute. The processing of certain Personal data cannot be restricted where the processing is required comply with legal or regulatory obligations. Click here
Data Portability
You have the right to have your personal data transferred to another party. Click here
Objection
You have the right to object to any processing of your personal data where legitimate interest is relied upon as a lawful basis for processing. If you wish to stop receiving marketing information by Clicking here
Automated Decision-Making / Profiling
We do not operate any automated decision-making system;
If you would like to exercise any of the above rights, all requests should be made in writing using one of the following:
- Email. personaltraining@barrystephen.com
- Write. Barry Stephen Personal Training, 41 Ann Street, Aberdeen, AB25 3LH.
- Website. http://www.barrystephen.com
When you contact us, please have enough information to allow us to identify you e.g. proof of identity and address (driving licence, passport etc.)
Right to Withdraw Consent ( if applicable )
Any consent given can be withdrawn at any time. Please contact us if you want to withdraw consent please Click here
Once we have received notification of the consent withdrawal, we will cease any processing of your personal data and, subject to our stated retention policy and any statutory obligations, will securely delete your personal data.
Right to lodge a compliant
We hope we can resolve any query or concern that you may have about our use of your personal data. You have the right to lodge a complaint if you are unhappy with how we use your personal data Please contact us by using the following link: Click here
You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO). The ICO website has more information on reporting concerns https://ico.org.uk/concerns/
If we decide to change our Privacy Policy, we will post those changes on the Privacy Policy, and/or send an email notifying you of any changes, at our sole discretion. It is your responsibility to stay up-to-date on our current policies. You should review the Privacy Policy on a regular basis
Media & Image Permission
Barry Stephen Personal Training reserve the right to take any recordings of the client during the services, & the client accepts that all rights whatsoever arising in the recordings shall be solely owned by Barry Stephen Personal Training
The client accepts & agrees that any recordings may be used by Barry Stephen Personal Training at its absolute discretion in any manner, including but not limited to its web site, promotional material, social media posts & advertisements.
- We have a Facebook page – https://www.facebook.com/barrystephenpersonaltraining
- We have an Instagram page – https://www.instagram.com/barrystephenpt/
For you and your Minor, if applicable, you hereby grant permission to Barry Stephen Personal Training, and its affiliates and Barry Stephen Personal Training employees, agents and representatives to photograph or video you or, if applicable, your Minor’s image, likeness, or depiction (together, the “Photos”). You, for yourself and your Minor, if applicable, hereby further grant permission to Barry Stephen Personal Training to edit, crop, or retouch such Photos, and you, for yourself and your Minor, if applicable, waive any right to inspect or use or view such Photos. You, for yourself and your Minor, if applicable, hereby consent to and permit the Photos to be used by Barry Stephen Personal Training for advertising and promotional purposes in any medium, including print and electronic publishing. You, for yourself and your Minor, if applicable, understand and agree that Barry Stephen Personal Training may use such Photos with or without associating names thereto. You, for yourself and your Minor, if applicable, agree to and do hereby waive any claim for compensation of any kind as a result of Barry Stephen Personal Training use or publication of Photos. You, for yourself and for your Minor, as applicable, hereby fully and forever discharge
Terms & Conditions
Please also visit our Terms and Conditions section click here.
Links to other websites
This privacy notice does not cover the links within this site linking to other websites. We encourage you to read the privacy statements on the other websites you visit.
Changes to this privacy notice
We keep our privacy notice under regular review. This privacy notice was last updated on 5th of February 2019.
Contact Information for Personal Data Queries
We have appointed a Data Protection Compliance Manager who can be contacted in relation to any queries you have with personal data privacy:
Name: Barry Stephen
Position: Owner/Data Privacy Manager
Contact: personaltraining@barrystephen.com
TERMS & CONDITIONS
Please read carefully and pay special attention to the provisions related to liability and cancellations, these are highlighted in bold – this does not affect your statutory rights.
These are the terms and conditions for Barry Stephen Personal Training and all trainers who are employed or contracted by Barry Stephen Personal Training, for the remainder of this document Barry Stephen Personal Training will be referred to as BSPT.
1. Obligations
BSPT will utilise professional staff with skills and knowledge to design a safe program of exercise where the client’s personal goals, fitness levels and likes and dislikes related to exercise will be taken into account. BSPT will provide the appropriate coaching, supervision, advice and support that the client may need to help them achieve their goals.
All client information will be kept strictly private and confidential. If BSPT require further medical information from a practitioner, the client must provide such details to continue.
Clients should dress and behave appropriately for a professional gym environment. No outdoor trainers will be allowed in the studio, please could you bring a suitable pair of clean indoor trainers. Shower facilities are also provided for client use.
2. Term & Acceptance
All our services will be for the term agreed upon by the client and BSPT.
3. Fees
Coaching and training fees are paid in advance of the first session of each block with exception to the initial block when payment may be made on the first session. Payments for subsequent blocks must be paid on the last session of the current block; failure to do so may result in the timeslot being given to someone on our waiting list. All payments must be paid direct to the trainer via bank transfer or cash.
4. Cancellations
Cancellations must be made at least 24 hours in advance of scheduled sessions. Sessions cancelled less than 24 hours will be charged in full to the client. The cancellation policy will be adhered to in all cases when the client is unable to attend including when illness, work or family commitments prevents attendance and 24 hours’ notice has not been given. This applies to all personal training services including group sessions. We will not be able to reschedule any sessions cancelled within 24hrs of the agreed session time. Session’s cancelled with more than 24 hrs notice given will not be charged but there is no guarantee we will be able to reschedule that session to another time within the same week.
5. Late Arrivals
Sessions shall be approximately 60 minutes in length (depending on package and service) and shall start at the scheduled time. Sessions will not be extended due to the lateness of Client or due to interruptions caused by the client. Any Client who has not arrived within 20 minutes after the scheduled time shall be deemed to have cancelled and will be charged for that entire session.
6. Transferability
The agreement shall be binding only between the BSPT and you the Client. Client may not sell, assign or transfer their rights any purchased services to any other party without the personal trainer’s prior written permission.
7. Expiration of sessions
BSPT understand there is a need for a degree of flexibility and rollover to allow clients to complete purchased sessions however all paid-up block bookings of 8 sessions must be completed within 10 weeks of purchase. In the event that a medical problem or other major issue that prevents completion of the contracted sessions within this time period, BSPT may, at their discretion, allow a suspension of contract and extend this time period. BSPT have the right to move your original time slot to another time or day if sessions are not completed within the 10 week time frame.
8. Refunds and Cancelling your Membership
BSPT do not issue refunds on any personal training or membership services at anytime. Please make sure you are 100% committed prior to purchase. For gym memberships, you can cancel at anytime yourself by logging into your membership profile on the goteamup website using the login details you created when you joined. Please note you cannot cancel your membership via the app you must use the goteamup website. It is your responsibility to cancel your membership not ours. Please be aware, if you cancel your membership, you will be subject to our 30 day cancelation period, if you cancel within 30days of your next payment your next payment will still be taken and you membership will still be active until the end of that period. We do not offer a pay as you go membership service and you cannot pause your membership. Our membership is capped at a certain number to avoid overcrowding and to give all premium members the opportunity to book into all classes, those on our waiting list will be contacted when spaces become available. All new members and returning members will be subject to a joining fee.
9. Liabilities
The client must complete a PAR-Q before commencing any exercise program and confirms that he/she is in good physical condition, that he/she is capable of engaging in active or passive exercise and that such exercise would not be detrimental to his/her health safety or physical comfort. BSPT cannot be held liable in any way for undeclared or unknown medical conditions
This Liability section applies only to the extent permitted by law. BSPT excludes all liability for death, injury or damage caused by the client carrying out exercises incorrectly, contrary to the instructions or advice of the health professional or carried out without the supervision of a BSPT personal trainer. You as the client agrees to fully release BSPT (As well as any of its owners, employees or independent contractors) from any and all liability, claims and / or litigation actions for injuries, disability, or death or other damages of any kind including but not limited to punitive damages arising out of participation in BSPT activities including but not limited to the personal training programs and the physical activities even if caused by the negligence, international acts or omissions and / or any other type of fault of its owners, employees or other authorized agents including independent contractors. For the avoidance of doubt, BSPT does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from negligence or wilful default by BSPT (As well as any of its owners, employees or independent contractors). BSPT will do it’s best to correct errors and omissions as quickly as practicable after being notified of them but does not accept for any errors and omissions and reserve the right to change information, specifications and descriptions of listed packages and services.
10. Membership Payments
If a membership payment is late you will receive an automated email asking you to make payment, if no payment has been made after 7 days your membership will be terminated. If you wish to re-join you will be charged any monies outstanding plus the current joining fee.
11. Location & Contact
Barry Stephen Personal Training, 41 Ann Street, Aberdeen, AB253LH. Contact no: 07850013634, email: personaltraining@barrystephen.com
12. Currency
All transactions will be in GDP, UK Pounds
13. Covid19 Gym Guidlines Please Read
14. Miscellaneous
BSPT may amend these terms and conditions from time to time, and place the new version on the website and notify you of such changes either in writing or electronically via email. All new sessions, packages and purchases from BSPT from the date that the amended terms are placed on our website and onwards will be governed by those new terms. These terms and conditions shall apply when you use the www.barrystephen.com website for any service. They shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) whether oral or in writing. BSPT advises that you print off and keep safe a copy of these terms and conditions. You are advised to read (and are responsible for reading) all information on the website and contained in these terms and conditions fully. If any of these terms are held to be invalid or unenforceable, those terms will be struck out and the other terms remain. These terms and conditions are subject to the laws and exclusive jurisdiction of the United Kingdom of Great Britain and Northern Ireland.
15. Guarantee
There is no guarantee of results.
You as the client have a big part to play if you want results, BSPT are here to support you in this and you will be asked to keep exercise & diet logs to prove that you are completing all work necessary to progress towards your goals. It is understood between client and trainer that both must commit to the program 100% in order to achieve results. The client is required to arrive on time and in an appropriate condition for physical exercise for each training session so that a full and robust session can be achieved on each visit.