1. Definitions:
1.1 The Club: Wexford Swimming Pool and Leisure Centre.
1.2 The Club Rules: The rules and regulations of the club, as amended from time to time. A copy of the Club rules will be supplied to you on joining and further copies will be made available on request.
2. Membership:
2.1 Persons wishing to become members of the club shall complete the Membership Application Form and submit it to The Club. The Club reserves the right to reject any application for membership without giving any reason for so doing. By signing the Membership Application Form the member agrees to comply with these Terms and Conditions of Membership and the Club Rules.
2.2 You will only be permitted to use the Club facilities provided your membership is current and fully paid up or you have made payment arrangements acceptable to the Club.
3. Membership Categories:
3.1 The Club offers different categories of membership. Your choice of category on joining will determine the fees you pay and any restrictions that may apply to your use of Club facilities. You may change to any other available membership category by giving one month’s notice to the Club.
3.2 The Club reserves the right to alter the operating access hours of the club, provided that The Club shall always attempt to give at least 30 days notice to all members of any permanent change in these hours.
4. Duration:
4.1 When you join the Club you are agreeing to remain a member for a Commitment Period from the start date to the commitment period end date ( subject to extension if placed on freeze). If you choose to pay your membership fees monthly your Club membership will continue automatically after the Commitment Period end date . If you choose to join the Club by paying your Commitment period membership fee in advance your Club Membership will terminate automatically on expiry of the Commitment Period.
5. Fees: The Club will set the level of fees and reserves the right to change the level of fees from time to time. The following fees prevail:
5.1 Membership fee ; The level of membership fees shall be determined according to the type and category of membership.
5.2 Joining fee ; A joining fee is payable as specified in your application form. Your joining fee goes to start up costs.
5.3 Other Fees ; All other fees and prices for the sale of goods at the club and any other services will be set by The Club from time to time.
5.5 Membership Fees, Joining Fees, Activation Charges and Guest User Fees are not refundable by The Club under any circumstances.
5.6 If your bank fails to make a due direct debit payment from your account, we will write to advise you of this. We may apply to your bank for payment by direct debit twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of €10 for failed direct debit payments and/or letters sent to you in respect of unpaid amounts.
5.7 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable in full.
5.8 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred in the collection of the overdue membership fees will be the responsibility of the member and will be legally recoverable from the member.
5.9 All club membership fees and other fees are reviewed periodically. For any changes to the monthly fee we will give you at least 1 month’s notice.
5.10 We may charge a reasonable fee of up to €50 for any of the following: replacing lost membership cards, removing or adding Associate members, changing membership category and transferring memberships.
6. Suspension of Membership: A Member may, if he/she is unable to make use of the club facilities by reason of illness or injury, suspend his/her membership for one continuous period of at least 1 month and a maximum of 3 months. 30 days written notice must be given to The Club and The Club shall have the right to request a doctor’s certificate. Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period your membership is put on hold. Notice to terminate membership cannot run concurrently with a suspension period.
8. Termination:
8.1 Termination by the Club We may terminate this agreement in the following circumstances: (a) if you commit a serious or repeated breach of this agreement or the club’s rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice; (b) If any part of your membership fee remains unpaid 30 days after its due date for payment, or (c) If you provide us with details which you know to be false when applying for membership. If we terminate for any of these reasons, we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.
8.2 Termination by you You may terminate this agreement in the following circumstances: (a) You can give notice to terminate at any point during the Commitment Period but this cannot end your membership before the end of the Commitment Period. (b) You may terminate your membership by giving the club at least 1 full calendar months notice, so that your membership will terminate at the end of the following calendar month after notice was given. (c) Cancelling your direct debit instruction for the payment of fees is not sufficient. (d) You may terminate this agreement on 1 calendar month’s notice if you are unable to use the club through serious illness or injury likely to preclude you from using the club for a period of least 6 calendar months. (We will request reasonable evidence of your illness or injury – e.g. doctor’s certificate). e) You may also terminate this agreement if: a. We permanently reduce the facilities or opening hours of the club b. We change the location of the club; or c. We close the club for refurbishment for a period of more than 30 days at a time We will use our reasonable endeavours to give you at least 45 days notice of the change (either in writing or by prominently displaying a sign in the club) and, if you wish to terminate your membership due to reasons stated above, you can give us 30 days notice in writing to terminate.
9. Membership Cards:
9.1 Membership cards shall be issued to all members upon joining the Club and are used to gain entry to the Club. Membership cards are not transferable and any members allowing their card to be used by another person is in serious breach of these Membership Terms and Conditions and will entitle the Club to terminate membership without notice in accordance with Clause 8 above.
9.2 If a membership card is lost, it should be reported to the Club and the Club reserves the right to charge an administration fee for the provision of a replacement membership card.
10 Club Rules: The Club may amend the Club Rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in the club. Permanent changes to the Club Rules will only be made after at least 30 days notice to members, except in the case of emergency.
11. Opening Hours:
11.1 The club’s opening hours, as amended from time to time, are displayed at reception.
11.2 Members must ensure they cease use of the club facilities at least 30 minutes before the club closes to allow adequate time for showering and dressing.
11.3 The Club reserves the right to adjust the availability of certain facilities or close the club on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.
12. Restriction of Liability:
12.1 The Club will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Property stored in lockers provided by the club is stored at the owner’s risk and no liability for loss or damage thereto will be accepted by The Club.
12.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
12.3 The Club accepts liability for damage, accident, death, personal injury or other loss sustained by members or guests on the club premises to the extent caused by its negligence or the negligence of its employees and agents (during the course of their employment and agency, as appropriate) unless that failure is attributable to: (a) Your own fault (b) A third party unconnected with our provision of services under this agreement; or (c) Events which neither we nor our supplier could have foreseen or forestalled even if we had taken all reasonable care.
13. Health & Safety: Members must read all Health and Safety notices displayed in the club and comply with their recommendations.
14. Sale of Club: In the event of the sale or disposal of the Club to another company or to any other person we may transfer your membership to the new owner and you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
15. Notices: Notices from you to the Club must be in writing and addressed to the general manager at the Club. The Club reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases the notice will be deemed not given unless such evidence is produced. Any notice handed to the Club must be receipted. Notices from the Club to you will be posted to you at your address in the membership records.
Privacy Notice
Wexford Swimming Pool and Leisure Centre is committed to protecting your privacy. This Privacy Notice explains our data processing practices and your options regarding the ways in which your data is used. If you have any requests concerning your personal information or any queries with regard to our processing please contact us at info@wexfordswimmingpool.ie.
1.0 Use of your information and your preferences Wexford Swimming Pool and Leisure Centre will only process (collect, store and use) the information you provide to us in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We are committed to ensuring that the information we collect and use is appropriate for the purposes listed below and does not constitute an invasion of your privacy. We are also committed to applying rigorous security measures when managing your data to minimise the risk of unauthorised access or disclosure
2.0 Consent By taking out a membership, filling in a contact form on our website, or using a mobile app we provide to you, you agree and accept that we may gather, process, store and/or use the personal data submitted in accordance with the terms set below. If you are under the age of 16, Wexford Swimming Pool and Leisure Centre will not collect or process your details unless we have also received the consent of an adult who has parental responsibility for you.
3.0 Personal Data Collected
3.1 Identity and contact details of the data processor Personal data collected by us and stored via our website or mobile app is processed on our behalf by GLADSTONE . Your data is stored in the …… The data processor and group companies belonging to it are required by us to process your data in strict compliance with the GDPR.
3.2 Purposes of processing and legal basis The principal purpose of collecting your personal data is to provide you with the services defined in your membership agreement. To this end, you agree and accept that we may use your personal data to:
• Contact you in respect of your membership
• Manage your club access
• Facilitate member rewards (if applicable)
• Resolve any problems you may have and improve our service to you
• Comply with our legal and regulatory obligations We use the personal data submitted to us only in accordance with the applicable data protection legislation. Our employees and third-party providers are under an obligation to respect your data privacy.
3.3 Marketing If you consent, we may send you marketing information by e-mail or sms about products and services which we believe may be of interest to you. We will always provide the ability to review or change your preferences or unsubscribe from marketing information with immediate effect. You can also make your request via e-mail to info@wexfordswimmingpool.ie.
3.4 Data we collect When you take out a membership with us, the following personal data may be collected and processed in accordance with the purpose and legal basis described above and may include: name, address, contact details (including e-mail and mobile phone number), gender, date of birth, attendance history, marketing preferences and bank details for billing. Some data is collected automatically through using our web site (see section 3.7 below). Certain features of our mobile app may connect to your social networking sites to enable you to follow or be followed by other members of Wexford Swimming Pool and Leisure Centre. As a result, Wexford Swimming Pool and Leisure Centre may process information from your social networking profile, but only if you consent to allow your social networking site to make information available to the app. You understand that, by creating an account for the mobile app, Wexford Swimming Pool and Leisure Centre will be able to identify you by your profile.
3.5 Obtaining or changing your details Wexford Swimming Pool and Leisure Centre can confirm to you the details of any personal data we hold about you and how it is processed on your request. You may also ask us to correct or delete personal information we hold about you at any time, so long as this information is not required in order to fulfil our service to you. For more information, request your details or advise us of any changes, please either:
• Send an email to info@wexfordswimmingpool.ie or;
• Write to us at: Tincone , Ferrybank, Y35 Y184 We may require that your request be accompanied by a photocopy of proof of identity or authority, such as a driving license or passport. Mobile app users are able to maintain some of their personal data directly Third party disclosures Your information may be passed to and used by all Wexford Swimming Pool and Leisure Centre companies. Your personal data is also passed to our data processor for the purpose of providing our services to you (see 3.1). Your data will not be shared with any other third-party service providers without obtaining your prior consent. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide you on our behalf. When they no longer need your data to fulfil this service, they will dispose of your details in line with Wexford Swimming Pool and Leisure Centre procedures. We will never pass your personal information to anyone else, except where we are required or permitted to do so by law, for any successors in title to our business and suppliers that process information on our behalf both in the UK and Ireland.
3.7 Cookies A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer browser from a website’s computer and is stored on your device’s hard drive in the form of a text file.
3.7.1 How do Wexford Swimming Pool and Leisure Centre use cookies? Cookies are used to control an online session and provide security such as a time-out function. Wexford Swimming Pool and Leisure Centre only issues session specific cookies which store no personal or transactional data.
3.7.2 Third Party Cookies: Google Analytics Wexford Swimming Pool and Leisure Centre may use Google Analytics for SEO purposes and to improve their online marketing efforts. For a detailed explanation of how Google Analytics cookies work please visit: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies
3.8 Other web sites Our web site may contain links to other web sites which are outside our control and are not covered by this Privacy Notice. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy notice, which may differ from ours.
4.0 Data Retention Period As a prospective member that has consented for us to contact you, Wexford Swimming Pool and Leisure Centre will retain your data for up to 12 months, unless you notify us that you no longer wish to be contacted. If you join us, Wexford Swimming Pool and Leisure Centre will retain your data for as long as you are a member. On termination of your membership, your personal data will be stored for a maximum period of 6 years for the purposes of responding to you in the event of any future indemnity claim that may arise. After this period, your personal data will be anonymized so you can no longer be identified from the information we hold.
4.1 Your rights as a data subject At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
a) Right to be informed – you have the right to know how your personal data is being used
b) Right of access – you have the right to request a copy of the information that we hold about you.
c) Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
d) Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
e) Right to restriction of processing – if you believe the basis for processing your data as described in section 3 of this notice no longer applies or if you contest the accuracy of the information we hold about you, you have a right to request restrictions to the processing of your data.
f) Right of portability – you have the right to have the data we hold about you transferred to another organisation.
g) Right to object – you have the right to object to certain types of processing such as direct marketing.
h) Right to object to automated processing, including profiling – you also have the right to not be subject to the legal effects of any automated processing or profiling. Note that if Wexford Swimming Pool and Leisure Centre refuses a request from you under rights of access, we will provide you with a reason as to why. Finally,if a data breach occurs which compromises your personal data, you have a right to be informed within 72 hours of us first becoming aware of the breach.
5.0 The Right to Complain If you believe that your data is being processed unfairly or you have any other concerns about the way that Wexford Swimming Pool and Leisure Centre or it’s designated processor is handling your data, you have the right to complain to the Information Commissioners Office (ICO.
6.0 Privacy Notice Changes Wexford Swimming Pool and Leisure Centre reserves the right to update this Privacy Notice at any time, in particular pursuant to any changes made to the laws and regulations in force. We would recommend that you check these rules from time to time to stay informed of our procedures and rules relating to your personal information.
7.0 Contact Us If you have questions relating to this privacy notice, you can:
• Send an email to info@wexfordswimmingpool.ie or;
• Write to us at: Tincone, Ferrybank, Y35 Y184
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