POLICY FOR USE OF CCTV IN ÉNERGIE HEALTH AND FITNESS CLUBS
This CCTV Policy was last updated on 31st October 2022.
We value the trust you place in us and the protection of your privacy rights in respect of any personal data we process about you. Please carefully read this policy to understand how and why we use CCTV in our health and fitness clubs, and how your images and personal data may be processed through our use of CCTV when you visit one of our health and fitness clubs.
Our health and fitness clubs operating under the énergie Fitness, énergie Fitness Clubs and Fit4Less brands are operated by franchisees who will act as independent data controllers in relation to any personal data that is recorded by CCTV when you visit one of the health and fitness clubs operated by them. For details of our franchisees in relation to a particular health and fitness club, please refer to the notice board inside each of our clubs.
Unless otherwise stated, references in this CCTV Policy to we, us and our, are to the relevant franchisee who owns and operates the health and fitness club where such CCTV is in operation.
2. PURPOSE OF THE POLICY
The purpose of this CCTV Policy is to explain the way in which we use CCTV in our health and fitness clubs.
This policy describes:
- what is being recorded by the CCTV systems we use;
- ·why we use CCTV in the areas within our health and fitness clubs where CCTV is used, and the areas in which we do not use CCTV;
- how we make members of the public, staff who work in the health and fitness clubs and any other visitors aware of the fact that CCTV is in operation;
- how we store the recorded images and how long we keep them for before destroying them;
- the circumstances under which we would consider releasing the images to a third party such as the police or other law enforcement agencies;
- the rights that you have in relation to images of you recorded by CCTV, and how to exercise those rights (e.g. to ask for a copy of the recorded images);
- our use of security companies to install and operate the CCTV systems on our behalf; and
- how to contact us if you would like to exercise any of your rights, or if you have any questions about this CCTV Policy.
3. WHAT IS RECORDED
Images and video footage of you may be recorded by the CCTV systems used in our health and fitness clubs. It is likely, but not always guaranteed, that you will be identifiable from those images or video recordings. Where you can be identified from the image or video recording, the image or video will contain your personal data.
Images and video recordings (including personal data) may relate to members of the public, our employees and staff, our contractors and suppliers, and other visitors who attend at our clubs.
We rely on our legitimate interests to record and process your personal data through our CCTV systems. These legitimate interests are explained in Section 4 (WHY WE USE CCTV) below.
4. WHY WE USE CCTV
CCTV allows us to monitor activity in and around our health and fitness clubs. Our use of CCTV is based on our legitimate interests. These legitimate interests include:
- Ensuring our health and fitness club rules are respected;
- Complying with health and safety requirements and policies at our health and fitness clubs;
- Staff training and ensuring staff comply with relevant policies and procedures;
- Ensuring the security of our or another's premises or property;
- Enforcing our legal rights and manage any dispute and legal claims and take legal or other professional advice; and
- Preventing fraudulent use of our health and fitness clubs.
We will also process CCTV footage to comply with any legal obligations on us e.g. where we are required to provide CCTV footage to law enforcement.
The purposes for our use of CCTV include:
- to protect the health and safety of visitors and staff;
- to help us investigate the actions of individuals in connection with specific events such as an accident, theft, vandalism or assault.
- to help us to ensure that health and fitness club rules are respected;
- to help with training and giving feedback to our staff;
- to assist us and law enforcement authorities in deterring and detecting crime;
- to protect our buildings, equipment and other resources by deterring those who might damage, vandalise or steal them;
- to monitor the behaviour of our staff while they are at work; and
- to investigate whether there is any fraudulent use of our clubs, for example, when a membership card or fob is used by an individual other than the one to whom it was issued.
5. THE AREAS IN WHICH WE USE CCTV
The layout of our health and fitness clubs varies from site to site. However, in general terms, we would use CCTV in the following areas:
- in the reception area;
- on the main gym floor;
- in the studio if there is one;
- in the free weights area;
- in the corridors and stairwells;
- in the areas around the outside of the building including the car park if there is one – this could include areas such as the pavement or a road which are used by members of the public who have no connection with us;
- in areas used by staff which are not normally accessible to the public, such as an office or staff room; and
- any other areas not specifically mentioned in the exclusions below where we are of the view that it is necessary to operate CCTV in that area for one of the purposes described in Section 4 (WHY WE USE CCTV) above.
We do not operate CCTV in the following areas:
- changing rooms (for some of our 24/7 clubs, CCTV may be placed directly above the entrance to the changing rooms);
- toilets; or
- sauna/steam rooms.
6. HOW WE PUBLICISE OUR USE OF CCTV
We make members of the public, staff who work in the health and fitness clubs and any other visitors aware of the fact that CCTV is in operation by displaying prominent signage.
A sign would be displayed in each area in which a CCTV camera is located. We will also publicise the reasons why we are operating CCTV as well as the contact details for the data controller responsible for it, for example, by displaying information such as the following:
"WARNING CCTV cameras in operation
Images are being monitored and recorded for the purpose of crime prevention, for the safety of our staff and visitors and for the protection of énergie fitness, its franchisees and their property. This system will be in operation 24 hours a day, every day. These images may be passed to the police or any law enforcement authority. This CCTV scheme is controlled by the franchisee of your home club and operated by The Control Group or Scion.
You have several rights in relation to any images of you recoded by CCTV, including the right to request access to and erasure of your personal data. For further details on your rights, and how to exercise them, please see our CCTV Policy.
For more information please contact your énergie Fitness club directly.
We do not conceal our cameras. They are clearly visible and would be recognisable by the overwhelming majority of the public. We are very happy to point out the location of all cameras in areas normally accessible to the public to any person who makes a request to have this happen.
7. STORING OF RECORDED IMAGES
We store the images we record in two main ways:
- in a small and reducing number of clubs, we store images on a hard drive located in a secure area of the health and fitness club; and
- in the majority of health and fitness clubs, and in all new health and fitness clubs, we store images on a secure server on the cloud.
In all cases, these stored images are accessible only by properly authorised individuals. Access to CCTV footage is protected by passwords and other security.
Supervising access to the images and maintenance of the CCTV systems are the responsibility of the relevant franchisee that operates the health and fitness club. This responsibility may be delegated to the club manager (or other appropriately senior staff member) at each club, where appropriate.
Images are normally stored for a maximum of 2 months before being automatically deleted. Images of specific events or incidents might be kept longer than this where required for a specific legitimate purpose, for example, if they were connected with an accident or were the subject of a police investigation. These images would be deleted after this specific purpose has been fulfilled.
8. RELEASE OF IMAGES TO THIRD PARTIES
We would release images to third parties under very limited circumstances which would include the following:
- requests from the police and other law enforcement authorities for images taken at a specific time or over a specific period, for example, where there has been a theft or an incident at one of our health and fitness clubs;
- to data subjects (or their legal representatives), pursuant to a data subject access request where the time, date and location of the recordings is furnished to the relevant franchisee that operates the health and fitness club – see Section 9 (YOUR RIGHTS) below;
- any other circumstances where we were legally obliged to do so, for example, in connection with legal proceedings resulting from an accident; and
- to an agent we had appointed to act on our behalf, for example, to a lawyer or barrister we had appointed to act for the relevant franchisee following an assault.
9. YOUR RIGHTS
You have a number of rights in relation to your personal data that may be contained in any images recorded by CCTV whilst you are in one of our health and fitness clubs. These rights are not applicable in all circumstances and exemptions may apply. Your rights are set out below.
Any person whose image has been recorded has a right, on written request, to ask us if we are processing their personal data and, if we are, to be given a copy of the information recorded which relates to them, provided always that such an image/recording exists (i.e. it has not been deleted) and provided also that an exemption/prohibition does not apply to excuse or prevent the release. This is commonly known as a data subject access request.
Where the image/recording identifies other individuals, those images/recordings may only be released where they can be redacted/anonymised so that no other individual is identifiable. To exercise your right of access, you must make an application in writing to the franchisee which owns the health and fitness club in which your CCTV images have been recorded. Contact details are set out below and will also be available on the notice board at the health and fitness club.
When requesting the disclosure of your images, you should provide all the necessary information to assist the relevant franchisee in locating the CCTV recorded data, such as the date, time and location of the recording. If the image is of such poor quality as not to clearly identify you, that image may not be considered to be your personal data and may not be handed over.
In giving you a copy of your personal data, the franchisee may provide a still/series of still pictures, a tape or a disk with relevant images. However, images of other individuals will be obscured before the data is released.
You also have a number of other rights in relation to your personal data that may be contained in any images recorded by CCTV when you visit one of our clubs. Your rights may include the following:
- Correction: you are entitled to request that any incomplete or inaccurate personal data we hold about you is corrected. This is unlikely to be relevant to CCTV footage.
- Erasure: you are entitled to ask us to delete or remove personal data in certain circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with claims.
- Restriction: you are entitled to ask us to suspend the processing of certain of your personal data about you, for example if you want us to establish its accuracy.
- Transfer: you may request the transfer of certain of your personal data to another party in some circumstances. This is unlikely to be relevant to CCTV footage.
- Objection: where we are processing your personal data based on a legitimate interest (or those of a third party) you may object to processing on this ground. However we may be entitled to continue processing your information based on our legitimate interests.
You also have a right to lodge a complaint with a supervisory authority, in particular in the Member State in the European Union where you are habitually resident, where you work or where an alleged infringement of Data Protection law has taken place. In the UK you can make a complaint to the Information Commissioner's Office (Tel: 0303 123 1113 or at www.ico.org.uk). In the Republic of Ireland, you can make a complaint to the Data Protection Commission (Tel: 076 110 4800 / 057 868 4800 or at https://www.dataprotection.ie/ ). However, we would appreciate the opportunity to deal with your complaint first, so we would appreciate if you could raise the issue with the relevant franchisee in the first instance.
11. SECURITY COMPANIES
The CCTV systems in use in our health and fitness clubs are installed and operated by a security company (The Control Group) or Scion Communications contracted by énergie Fitness Franchising (UK) Limited and its franchisees.
The contract with the security company details the areas to be monitored, how long data is to be stored, what the security company may do with the data, what security standards should be in place and what verification procedures apply. The contract also states that the security company will give the relevant club all reasonable assistance to deal with any data subject access requests that are made to the club.
Security companies that place and operate CCTV cameras on behalf of clients are considered to be data processors. As data processors, they operate under the instruction of data controllers (their clients). Data protection law places a number of obligations on data processors. These include having appropriate security measures in place to prevent unauthorised access to, or unauthorised alteration, disclosure or destruction of, the data, in particular where the processing involves the transmission of data over a network and against all unlawful forms of processing. This obligation is met by having appropriate access controls to image storage and/or having robust encryption where remote access to live recording is permitted. Staff of the security company have been made aware of their obligations relating to the security of data.
12. CONTACTING US
If you have any queries, comments or requests regarding this CCTV Policy or to exercise your rights under data protection law, please contact the franchisee who operates the relevant health and fitness club (further contact details may be available on the notice board at the relevant health and fitness club and on the local club page of the énergie website).